CONSOLIDATION

Eastport Marine Protected Areas Regulations

SOR/2005-294

Current to June 20, 2022 Last amended on April 3, 2008



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. The last amendments came into force on April 3, 2008. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022 Last amended on April 3, 2008

TABLE OF PROVISIONS Eastport Marine Protected Areas Regulations

Interpretation

Application

Designation

Prohibited Activities

Exceptions

Activity Plan

Reporting of Accidents

Coming into Force SCHEDULE 1/ANNEXE 1 SCHEDULE 2/ANNEXE 2

Current to June 20, 2022 Last amended on April 3, 2008

ii

Registration SOR/2005-294

September 26, 2005

OCEANS ACT Eastport Marine Protected Areas Regulations

P.C. 2005-1658

September 26, 2005

Her Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to subsection 35(3) of the Oceans Acta, hereby makes the annexed Eastport Marine Protected Areas Regulations.

a

S.C. 1996, c. 31

Current to June 20, 2022 Last amended on April 3, 2008

Eastport Marine Protected Areas Regulations

Interpretation 1 (1) In these Regulations, “waters” includes the seabed and subsoil below the waters to a depth of two metres.

(2) In these Regulations, all geographical coordinates

(latitude and longitude) are expressed in the North America Datum 1983 (NAD 83) geodetic reference system. (3) In Schedule 1, the lines connecting the points are rhumb lines. SOR/2008-99, s. 25.

Application 2 These Regulations apply to the marine protected areas

designated in section 3.

Designation 3 The following areas of the sea in Bonavista Bay are designated as marine protected areas: (a) those waters within an area of the sea — depicted in Schedule 1 and to be known as the Eastport — Duck Island Marine Protected Area — whose outer limit is a series of rhumb lines commencing at a point 48°45′06N, 53°41′18 W, then to a point 48°44′30N, 53°40′42 W, then to a point 48°43′54N, 53°41′18 W, then to a point 48°44′30N, 53°42′06 W and then to the point of commencement and whose inner limit is the low-water line of the islands within the outer limit; and (b) those waters within an area of the sea — depicted

in Schedule 2 and to be known as the Eastport — Round Island Marine Protected Area — whose outer limit is a line every point of which is at a distance of 198.12 m (650 feet) from the nearest point of the lowwater line of Round Island and whose inner limit is the low-water line of the island.

Current to June 20, 2022 Last amended on April 3, 2008

Eastport Marine Protected Areas Regulations Prohibited Activities Sections 4-6

Prohibited Activities 4 (1) In a marine protected area, no person shall (a) disturb, damage or destroy, or remove from the marine protected area, any living marine organism or any part of its habitat; or (b) carry out any activity — including depositing, discharging or dumping any substance, or causing any substance to be deposited, discharged or dumped — that is likely to result in the disturbance, damage, destruction or removal of a living marine organism or any part of its habitat. (2) Despite subsection (1), a person may carry out any activity excepted under section 5 or any scientific or educational activity for which a plan is approved under section 7.

Exceptions 5 The following activities may be carried out in a marine

protected area: (a) fishing that is carried out in accordance with the

Aboriginal Communal Fishing Licences Regulations; and (b) any activity that is carried out for the purpose of

public safety, national defence, national security or law enforcement or in response to an emergency.

Activity Plan 6 Every person who proposes to carry out a scientific or

an educational activity in a marine protected area shall submit to the Minister for approval, not less than 60 days before the day on which the activity is proposed to begin, a plan that contains the following information and documents: (a) the name, address and telephone number and, if

applicable, the facsimile number and electronic mail address of a person who can be contacted in respect of the plan; (b) a detailed description of the proposed activity that sets out (i) its purpose, (ii) the period or periods during which it is to be carried out,

Current to June 20, 2022 Last amended on April 3, 2008

Eastport Marine Protected Areas Regulations Activity Plan Sections 6-7

(iii) a map on which its location is identified, (iv) the types of data that are to be collected, if any,

and the sampling protocols or other techniques to be used to collect the data, (v) the types of equipment, if any, that are to be

used during the proposed activity, including those for gathering data, and if any of the equipment is to be anchored or moored in the marine protected area, the methods by which the anchoring or mooring is to be conducted, (vi) the type and identity of every vessel, within the

meaning of section 2 of the Canada Shipping Act, that is to be used to carry out the proposed activity, and (vii) every substance, if any, that is to be deposited,

discharged or dumped within the marine protected area during the proposed activity; (c) an assessment of the environmental effects that

are likely to occur within the marine protected area as a result of the proposed activity; and (d) a list of every licence, permit, authorization or

consent obtained or applied for in respect of the proposed activity. 7 (1) The Minister shall, within 30 days after the day on

which a plan that is submitted in accordance with section 6 is received, approve the plan if the proposed activity is not likely to damage or destroy the habitat of a living marine organism in the marine protected area and (a) in the case of a scientific activity that is proposed

to be carried out in the Area, the activity is for the purpose of managing the Area or monitoring the effectiveness of conservation measures implemented in the Area; and (b) in the case of an educational activity, the proposed activity is to be carried out for the purpose of increasing public awareness of the marine protected area or providing information in respect of the conservation measures implemented in that area. (2) Despite subsection (1), the Minister shall not approve a plan if the cumulative environmental effects of the proposed activity in combination with any other past and current activities carried out within the marine protected area are likely to damage or destroy the habitat of living marine organisms in that area. SOR/2008-99, s. 26(E).

Current to June 20, 2022 Last amended on April 3, 2008

Eastport Marine Protected Areas Regulations Reporting of Accidents Sections 8-9

Reporting of Accidents 8 Every person involved in an accident that is likely to

result in any disturbance, damage, destruction or removal prohibited under subsection 4(1) shall, within two hours after its occurrence, report the accident to the Canadian Coast Guard.

Coming into Force 9 These Regulations come into force on the day on

which they are registered.

Current to June 20, 2022 Last amended on April 3, 2008

Eastport Marine Protected Areas Regulations SCHEDULE 1/ANNEXE 1

SCHEDULE 1/ANNEXE 1 (Subsection 1(3) and paragraph 3(a)/paragraphe 1(3) et alinéa 3a))

EASTPORT — DUCK ISLAND MARINE PROTECTED ARE DU

Current to June 20, 2022 Last amended on April 3, 2008

Eastport Marine Protected Areas Regulations SCHEDULE 2/ANNEXE 2

SCHEDULE 2/ANNEXE 2 (Paragraph 3(b)/alinéa 3b))

EASTPORT — ROUND ISLAND MARINE PROTECTED AR ROU

Current to June 20, 2022 Last amended on April 3, 2008

