Anguniaqvia niqiqyuam Marine Protected Areas Regulations (SOR/2016-280)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Agreement

Agreement means the Inuvialuit Final Agreement as approved, given effect and declared valid by the Western Arctic (Inuvialuit) Claims Settlement Act. (Convention)

Marine Protected Areas

Marine Protected Areas means the areas of the sea that are designated by section 2. (zones de protection marine)

Designation

Marginal note:Marine Protected Areas

• 2 (1) The following areas of the sea are designated as the Anguniaqvia niqiqyuam Marine Protected Areas:

  • (a) the area of the sea in Darnley Bay and Amundsen Gulf in the Beaufort Sea consisting of the waters within the boundaries of Zone 1 as described in plan number FB40812, certified on February 10, 2015 and depicted in plan number CLSR 104411, which plans are deposited in the Canada Lands Surveys Records; and

  • (b) the area of the sea in Kendall Inlet in Amundsen Gulf in the Beaufort Sea consisting of the waters within the boundaries of Zone 2 as described in plan number FB40812, certified on February 10, 2015 and depicted in plan number CLSR 104411, which plans are deposited in the Canada Lands Surveys Records.

• Marginal note:Plan number FB40812

  (2) A copy of plan number FB40812 is set out in Schedule 1.

• Marginal note:Seabed, subsoil and water column

  (3) Each Marine Protected Area consists of the seabed, the subsoil to a depth of five metres and the water column, including the sea ice, each of which is below the low-water line.

Prohibited Activities

Marginal note:Prohibition

3 It is prohibited in the Marine Protected Areas to carry out any activity that disturbs, damages, destroys or removes from the Marine Protected Areas any living marine organism or any part of its habitat or is likely to do so.

Exceptions

Marginal note:Fishing

4 Despite section 3, the following activities may be carried out in the Marine Protected Areas if no fishing gear listed in Schedule 2 is used:

• (a) fishing in accordance with the Agreement;

• (b) fishing in accordance with subsection 22(1) of the Northwest Territories Fishery Regulations;

• (c) fishing for subsistence usage in accordance with subsection 22.1(1) of the Northwest Territories Fishery Regulations;

• (d) fishing in accordance with a domestic fishing licence issued under section 23 of the Northwest Territories Fishery Regulations; and

• (e) sport fishing in accordance with subsection 27(1) of the Northwest Territories Fishery Regulations.

Marginal note:Navigation

5 Despite section 3, navigation may be carried out in the Marine Protected Areas if it is carried out in accordance with the Canada Shipping Act, 2001 and the Arctic Waters Pollution Prevention Act.

Marginal note:Dredging

6 Despite section 3, dredging may be carried out in the Marine Protected Areas if the following conditions are met:

• (a) the dredging is required to enable navigation for the purpose of supplying goods to the community of Paulatuk, Northwest Territories; and

• (b) a recommendation with respect to the dredging has been made in accordance with the Agreement and the dredging has been authorized by a competent government authority.

Marginal note:Safety or emergency

7 Despite section 3, an activity may be carried out in the Marine Protected Areas if it is carried out for the purpose of public safety, national defence, national security, law enforcement or to respond to an emergency.

Marginal note:Activity plan

8 Despite section 3, a scientific research or monitoring activity, educational activity or commercial marine tourism activity may be carried out in the Marine Protected Areas if it is part of an activity plan that has been approved by the Minister.

Activity Plan

Marginal note:Submission and contents

9 Any person who proposes to carry out a scientific research or monitoring activity, educational activity or commercial marine tourism activity in the Marine Protected Areas must submit to the Minister an activity plan that contains

• (a) the person’s name, address, telephone number, facsimile number and email address;

• (b) if the activity plan is submitted by an institution or organization, the name of the individual who will be responsible for the proposed activity and their title, address, telephone number, facsimile number and email address;

• (c) the name of each vessel that the person proposes to use to carry out the activity, its state of registration and registration number, its radio call sign and the name and address of its owner, master and any operator;

• (d) the proposed dates of the vessel’s first entry into and final exit from the Marine Protected Areas, and any proposed alternative dates;

• (e) the geographic coordinates of the site of the proposed activity and a map that shows the location of the activity within the boundaries of the Marine Protected Areas;

• (f) a list of any substances that may be deposited during the proposed activity in the Marine Protected Areas — other than substances that are authorized by the Canada Shipping Act, 2001 and its regulations to be deposited in the navigation of a vessel — and the quantity and concentration of each substance;

• (g) a detailed description of the proposed activity and its purpose;

• (h) a general description of any study, report or other work that is anticipated to result from the proposed activity, and its anticipated date of completion;

• (i) a description of any scientific research or monitoring activity, educational activity or commercial marine tourism activity that the person has previously carried out in the Marine Protected Areas or anticipates carrying out in those areas in the future;

• (j) a description of any measures to be taken to monitor, avoid, minimize or mitigate any adverse environmental effects of the proposed activity; and

• (k) a description of any measures to be taken to not interfere with fishing carried out in accordance with the Agreement.

Marginal note:Approval of activity plan

• 10 (1) The Minister must approve an activity plan if

  • (a) the scientific research or monitoring activities set out in the plan are not likely to destroy the habitat of any living marine organism in the Marine Protected Areas, will not interfere with fishing carried out in accordance with the Agreement, and will serve to

    • (i) increase knowledge of the biodiversity, the habitat of any living marine organism or the ecosystem function of the Marine Protected Areas,

    • (ii) assist in the management of the Marine Protected Areas, or

    • (iii) assist in the evaluation of the effectiveness of any measures taken to conserve and protect the Marine Protected Areas; and

  • (b) the educational activities or commercial marine tourism activities set out in the plan

    • (i) are not likely to result in the damage, destruction or removal of any part of the habitat of any living marine organism within the Marine Protected Areas,

    • (ii) will serve to increase public awareness of the Marine Protected Areas, and

    • (iii) will not interfere with fishing carried out in accordance with the Agreement.

• Marginal note:Approval prohibited

  (2) Despite subsection (1), the Minister must not approve an activity plan if

  • (a) any substance that may be deposited during the proposed activity is a deleterious substance as defined in subsection 34(1) of the Fisheries Act, unless the deposit of the substance is authorized under subsection 36(4) of that Act; or

  • (b) the cumulative environmental effects of the proposed activity, in combination with any other past and current activities carried out in the Marine Protected Areas, are likely to adversely impact the biological, chemical or oceanographic processes that maintain or enhance the biodiversity, habitat or ecosystem function in the Marine Protected Areas.

• Marginal note:Timeline for approval

  (3) The Minister’s decision in respect of an activity plan must be made within

  • (a) 60 days after the day on which the plan is received; or

  • (b) if amendments to the plan are made, 60 days after the day on which the amended plan is received.

Marginal note:Studies, reports or other work

• 11 (1) If an activity plan has been approved by the Minister, the person who submitted the plan must provide the Minister with a copy of any study, report or other work that results from the activity and that is related to the conservation and protection of the Marine Protected Areas.

• Marginal note:Data

  (2) The study, report or other work must be accompanied by the data that was obtained during the activity.

• Marginal note:Deadline

  (3) The study, report or other work, together with the data, must be provided to the Minister within 90 days after the day on which the study, report or other work is completed.

• Marginal note:Submission of data to Minister

  (4) If the study, report or other work is not completed within a period of three years after the last day of the activity, the person must submit the data that was obtained during the activity to the Minister within 90 days after that period.

Coming into Force

Marginal note:Registration

12 These Regulations come into force on the day on which they are registered.

SCHEDULE 1(Subsection 2(2))Plan Number FB40812