CONSOLIDATION

Endeavour Hydrothermal Vents Marine Protected Area Regulations

SOR/2003-87

Current to June 20, 2022 Last amended on February 10, 2011



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 February 10, 2011. 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 February 10, 2011

TABLE OF PROVISIONS Endeavour Hydrothermal Vents Marine Protected Area Regulations 1

Designation

Prohibitions

Coming into Force

Current to June 20, 2022 Last amended on February 10, 2011

ii

Registration SOR/2003-87 March 4, 2003

OCEANS ACT Endeavour Hydrothermal Vents Marine Protected Area Regulations P.C. 2003-283

March 4, 2003

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 Endeavour Hydrothermal Vents Marine Protected Area Regulations.

a

S.C. 1996, c. 31

Current to June 20, 2022 Last amended on February 10, 2011

Endeavour Hydrothermal Vents Marine Protected Area Regulations

Designation 1 The area of the Pacific Ocean — the seabed, the subsoil and the waters superjacent to the seabed — that is bounded by a line drawn from a point at 47°54′N, 129°02′W, from there west to a point at 47°54′N, 129°08′W, from there north to a point at 48°01′N, 129°08′W, from there east to a point at 48°01′N, 129°02′W, and from there south to the point of beginning, is hereby designated as a marine protected area to be known as the Endeavour Hydrothermal Vents Marine Protected Area (the Area). In these Regulations, all geographical coordinates (latitude and longitude) are expressed in the North America Datum 1983 (NAD83) geodetic reference system. SOR/2011-39, s. 24.

Prohibitions 2 No person shall (a) disturb, damage or destroy, in the Area, or remove from the Area, any part of the seabed, including a venting structure, or any part of the subsoil, or any living marine organism or any part of its habitat; or (b) carry out any underwater activity in the Area that is likely to result in the disturbance, damage, destruction or removal of anything referred to in paragraph (a). 3 (1) No person contravenes section 2 if (a) the disturbance, damage, destruction or removal is

for scientific research for the conservation, protection and understanding of the Area; (b) subject to subsection (3), a research plan described in subsection (2) is submitted to the Minister at least 90 days before the start of the scientific research in the Area; and (c) all licences, authorizations or consents required

under the Oceans Act, the Coastal Fisheries Protection Act, the Coasting Trade Act or the Fisheries Act in respect of the scientific research have been obtained.

Current to June 20, 2022 Last amended on February 10, 2011

Endeavour Hydrothermal Vents Marine Protected Area Regulations Prohibitions Sections 3-4

(2) A research plan shall include the following information: (a) the name, nationality, overall length, maximum draught, net tonnage, propulsion type, call sign, registration number and port number of each ship to be involved in the scientific research in the Area, and the name of the captain of each ship; (b) the names and positions of the persons who are responsible for the development of the scientific research, and the scientific research personnel who will be on board each ship; (c) the date on which the scientific research in the

Area is to start, and the itinerary for each ship while it is involved in the research; and (d) a summary of the scientific research to be conducted in the Area, together with a detailed map of the research area, which summary shall specify (i) the data to be collected and sampling protocols to be used, (ii) the other techniques, if any, to be used, such as

those involving explosives, radioactive labelling or remotely operated vehicles, (iii) the equipment to be moored and the method of mooring, and (iv) the substances, if any, that are intended to be discharged. (3) A research plan is not required to be submitted under paragraph (1)(b) if the information required under subsection (2) has previously been submitted in writing to obtain a consent under the Coasting Trade Act to conduct the scientific research. (4) A person who submits a research plan shall immediately notify the Minister in writing of any subsequent changes to the plan. SOR/2008-99, s. 15(F).

4 No person contravenes section 2 by carrying out an activity in the Area (a) by means or under conditions that are authorized

under subsection 35(2) of the Fisheries Act; (b) for which they have a consent under the Coasting

Trade Act; or (c) for which they have a licence or authorization under the Oceans Act, the Coastal Fisheries Protection

Current to June 20, 2022 Last amended on February 10, 2011

Endeavour Hydrothermal Vents Marine Protected Area Regulations Prohibitions Sections 4-6

Act or a provision of the Fisheries Act other than subsection 35(2).

5 No person contravenes section 2 by carrying out any movement or other activity of ships or submarines if (a) the movement or other activity is carried out for

the purpose of public safety, law enforcement, or Canadian sovereignty or national security; and (b) the ships or submarines, as the case may be, are

owned or operated by or on behalf of Her Majesty in right of Canada or by foreign military forces acting in cooperation with, or under the command or control of, the Canadian Forces. SOR/2008-99, s. 16(F).

Coming into Force 6 These Regulations come into force on the day

on which they are registered.

Current to June 20, 2022 Last amended on February 10, 2011

