REGULATIONS RESPECTING MARINE MAMMALS

SHORT TITLE

1. These Regulations may be cited as the Marine Mammal Regulations.

INTERPRETATION

2. (1) In these Regulations,

"beluga calf" means a beluga that is dark in colour and less than 2 m in length, measured from the point of the upper jaw to the notch between the tail flukes; (veau de béluga)

"beneficiary" means a person who is a beneficiary under

( a ) the Agreement approved, given effect and declared valid by the Western Arctic (Inuvialuit) Claims Settlement Act, or

( b ) the Agreement approved, given effect and declared valid by the James Bay and Northern Quebec Native Claims Settlement Act ; (bénéficiaire)

"blinking reflex test" means a test administered to a seal to confirm that it has a glassy-eyed, staring appearance and exhibits no blinking reflex when its eye is touched while the eye is in a relaxed condition; (test de réflexe de clignement)

"blueback" means a hooded seal that has not moulted its blue coat; (jeune à dos bleu)

"bowhead calf" means a bowhead whale that is mottled in appearance and less than 7.5 m in length, measured from the point of the upper jaw to the notch between the tail flukes; (veau de baleine boréale)

"collector vessel" means a vessel greater than 19.8 m in length that is used to collect, transport or process seals or seal parts fished from vessels 19.8 m in length or less; (bateau de récupération)

"licence" [Revoked, SOR/93-336, s. 1]

"marine mammal" [Revoked, SOR/94-52, s. 1]

"narwhal calf" means a narwhal that is light in colour and less than 1.8 m in length, measured from the point of the upper jaw to the notch between the tail flukes; (baleineau)

"nuisance seal" means a seal that represents a danger

( a ) to fishing equipment despite deterrence efforts, or

( b ) based on a scientific recommendation, to the conservation of anadromous or catadromous fish stocks because it inflicts great damage to them along estuaries and in rivers and lakes during the migration of those species; (phoque nuisible)

"Sealing Area" means a Sealing Area illustrated and enumerated in Schedule III; (zone de pêche du phoque)

"strike" [Repealed, SOR/2003-103, s. 1]

"Subarea" has the same meaning as in section 2 of the Pacific Fishery Management Area Regulations ; (sous-secteur)

"whitecoat" means a Harp seal that has not begun to moult its white coat. (blanchon)

( 2 ) A reference in these Regulations to a species or group of species of marine mammals by its common name as set out in column I of an item of Schedule I shall be construed as a reference to the species or group of species whose scientific name is set out in column II of that item. SOR/93-336, s. 1; SOR/94-52, s. 1; SOR/2003-103, s. 1.

APPLICATION

3. These Regulations apply in respect of the management and control of

( a ) fishing for marine mammals and related activities in Canada or in Canadian fisheries waters; and

( b ) fishing for marine mammals from Canadian fishing vessels in the Antarctic.