Regulations Amending the Marine Mammal Regulations (Miscellaneous Program): SOR/2018-229
Canada Gazette, Part II, Volume 152, Number 23
Registration
SOR/2018-229 November 2, 2018
FISHERIES ACT
P.C. 2018-1354 November 1, 2018
Her Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to section 43 footnote a of the Fisheries Act footnote b, makes the annexed Regulations Amending the Marine Mammal Regulations (Miscellaneous Program).
Regulations Amending the Marine Mammal Regulations (Miscellaneous Program)
Amendment
1 Paragraph 7.2(2)(e) of the Marine Mammal Regulations footnote 1 is replaced by the following:
- (e) to a helicopter that is being used for seal pup observation on the ice of the waters of the Gulf of St. Lawrence, if it maintains a distance of at least two metres from the seal pups.
Coming into Force
2 These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
The Department of Fisheries and Oceans (DFO), in the course of applying the Marine Mammal Regulations (the Regulations), has become aware of a minor error with respect to the geographic area described in paragraph 7.2(2)(e) of the Regulations.
Objectives
The objective of this minor regulatory amendment is to correct an error with respect to the geographic area described in paragraph 7.2(2)(e) of the Regulations. This paragraph currently creates an exception for helicopters being used in seal pup observation in the St. Lawrence Estuary from the prohibition in subsection 7.2(1) applicable to aircraft performing a flight manoeuvre — including taking off, landing or altering the course of the aircraft — for the purpose of bringing the aircraft closer to the marine mammal or otherwise disturbing it. The intended area of application is the Gulf of St. Lawrence and not the St. Lawrence Estuary.
Description
The regulatory amendment corrects the description of the geographic area that is referred to under paragraph 7.2(2)(e) of the Regulations, from the St. Lawrence Estuary to the Gulf of St. Lawrence.
“One-for-One” Rule
The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.
Small business lens
The small business lens does not apply to this proposal, as there are no costs to small business.
Consultation
The exception for helicopters participating in seal pup observation in the Gulf of St. Lawrence was outlined and consulted on as part of the previous set of amendments to the Regulations, which were enacted during summer 2018.
Therefore, due to the minor nature of this regulatory amendment and the fact that the original intent of DFO is to create the exception under paragraph 7.2(2)(e) of the Regulations in the Gulf of St. Lawrence and not the St. Lawrence Estuary, no new consultations were undertaken.
Rationale
By way of an error, paragraph 7.2(2)(e) of the Regulations excepts helicopters participating in seal pup observation in the St. Lawrence Estuary from the prohibition in subsection 7.2(1) applicable to aircraft performing a flight manoeuvre — including taking off, landing or otherwise altering the course of the aircraft — for the purpose of bringing the aircraft closer to the marine mammal or otherwise disturbing it. The geographic area described in the exception was clearly created by way of error, as it applied to the area of the St. Lawrence Estuary where no pup seal observation activity takes place. This error resulted in the activity being prohibited in the Gulf of St. Lawrence where seal pup observation activity does take place and to which the exception was originally intended to apply.
Implementation, enforcement and service standards
Enforcement costs of this amendment are not expected to increase as a result of this regulatory change.
Contact
Ramzi Yonis
Legislative and Regulatory Affairs
Fisheries and Oceans Canada
200 Kent Street
Ottawa, Ontario
K1A 0E6
Email: ramzi.yonis@dfo-mpo.gc.ca