From: Transport Canada
Whereas the Minister of Transport is of the opinion that the annexed Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in the Gulf of St. Lawrence is required to deal with a direct or indirect risk to marine safety or to the marine environment;
And whereas the provisions of the annexed Order may be contained in a regulation made pursuant to paragraphs 35.1(1)(k)Footnote a and 136(1)(f)Footnote b of the Canada Shipping Act, 2001Footnote c.
Therefore, the Minister of Transport, pursuant to subsection 10.1(1)Footnote d of the Canada Shipping Act, 2001Footnote c, makes the annexed Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in the Gulf of St. Lawrence.
Ottawa, April 27, 2019
Marc Garneau
Minister of Transport
Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in the Gulf of St. Lawrence
Definitions
1 The following definitions apply in this Interim Order.
dynamic shipping zone means a zone described in Part 2 of the schedule. (zone de transport maritime dynamique)
navigational warning means a communication identified as a navigational warning, or NAVWARN, that the Canadian Coast Guard publishes online or broadcasts. (avertissement de navigation)
notice to fish harvesters means a communication identified as a notice to fish harvesters that the Department of Fisheries and Oceans publishes online. (avis aux pêcheurs)
right whale means a North Atlantic right whale (Eubalaena glacialis). (baleine noire)
seasonal management area means an area described in Part 3 of the schedule. (zone de gestion saisonnière)
static zone means a zone described in Part 1 of the schedule. (zone statique)
Application
Vessels
2 (1) This Interim Order applies to vessels that are more than 13 m in length.
Length
(2) For the purposes of subsection (1), length means the distance measured from the forward end of the foremost outside surface of the hull shell to the aft end of the aftermost outside surface of the hull shell.
Static Zones
Speed limit
3 Beginning on April 28, 2020, a vessel must not proceed at a speed in excess of 10 knots over ground within a static zone.
Exclusion — lobster fishing and ice clearing
4 (1) Subject to subsections (2) and (3), the following vessels are not subject to the speed limit set out in section 3:
- (a) vessels engaged in lobster fishing in waters that are not more than 36.57 m deep; and
- (b) air cushion vessels operated by the Government of Canada that are engaged in ice-clearing activities.
Exception — right whale detection
(2) If a notice to fish harvesters states that at least one right whale has been detected within a static zone in waters that are not more than 36.57 m deep, the speed limit set out in section 3 applies to the vessels described in paragraph (1)(a) for 15 days after the day on which the notice comes into effect.
Extension
(3) If a new notice to fish harvesters with the same statement is published or broadcast during the 15-day period, the speed limit continues to apply for a further 15 days after the day on which the new notice comes into effect.
Dynamic Shipping Zones
Speed limit — right whale detection
5 (1) If a navigational warning states that at least one right whale has been detected in or near a dynamic shipping zone, a vessel must not proceed at a speed in excess of 10 knots over ground within that zone as of the time that the navigational warning comes into effect.
Duration
(2) The speed limit ceases to apply on the 15th day after the day on which the navigational warning comes into effect.
Extension
(3) If a new navigational warning with the same statement is published or broadcast in respect of the same dynamic shipping zone during the 15-day period, the speed limit continues to apply in that zone for a further period of 15 days after the day on which the new navigational warning comes into effect.
Speed limit — detection activities
6 (1) If a navigational warning states that the Government of Canada was unable for a period of at least seven days to conduct right whale detection activities or to have those activities conducted on its behalf, in respect of a dynamic shipping zone or the waters near that zone, a vessel must not proceed at a speed in excess of 10 knots over ground within that zone as of the time that the navigational warning comes into effect.
Duration
(2) The speed limit ceases to apply as of the time that a new navigational warning that states that the speed limit no longer applies because the whale detection activities have resumed comes into effect.
Seasonal Management Areas
Speed limit — beginning of season
7 During the period beginning on April 28, 2020 and ending on June 30, 2020, a vessel must not proceed at a speed in excess of 10 knots over ground within a seasonal management area.
Speed limit — end of season
8 (1) Beginning on July 1, 2020, if a navigational warning states that at least one right whale has been detected within a seasonal management area, a vessel must not proceed at a speed in excess of 10 knots over ground within that area as of the time that the navigational warning comes into effect.
Duration
(2) The speed limit ceases to apply on the 15th day after the day on which the navigational warning comes into effect.
Extension
(3) If a new navigational warning with the same statement is published or broadcast in respect of the same seasonal management area within the 15-day period, the speed limit continues to apply in that area for a further period of 15 days after the day on which the new navigational warning comes into effect.
General Speed Limit
Speed limit — death or injury
9 (1) If a navigational warning states that the Government of Canada has received a report of the death or injury of at least one right whale within the Gulf of St. Lawrence, a vessel must not, as of the time that the navigational warning comes into effect, proceed at a speed in excess of 10 knots over ground within:
- (a) any dynamic shipping zone identified in the navigational warning; or
- (b) beginning on July 1, 2020, any seasonal management area identified in the navigational warning.
Duration
(2) The speed limit ceases to apply on the 15th day after the day on which the navigational warning comes into effect.
Extension
(3) If a new navigational warning with the same statement is published or broadcast in respect of the same dynamic shipping zone or seasonal management area within the 15-day period, the speed limit continues to apply in that zone or area for a further period of 15 days after the day on which the new navigational warning comes into effect.
Exception for Weather Conditions
Suspension — weather conditions
10 (1) If a navigational warning states that, because of current or forecast weather conditions, a speed limit under section 3, subsection 5(1) or 6(1), section 7 or subsection 8(1) or 9(1) is suspended for an area or zone specified in the navigational warning, a vessel may proceed at a safe speed that is in excess of 10 knots over ground within that area or zone as of the time that the navigational warning comes into effect.
Duration
(2) The suspension applies until the first of the following events occurs:
- (a) a new navigational warning that states that the navigational warning referred to in subsection (1) has ceased to have effect because current or forecast weather conditions have improved comes into effect, or
- (b) 96 hours have passed since the navigational warning referred to in subsection (1) came into effect.
Clarification
(3) For greater certainty, the suspension does not extend the duration of a speed limit.
Repeal
11 This Interim Order is repealed on November 15, 2020.
Schedule
(Section 1)
Zone and Areas
Part 1
Static Zones
Northern Static Zone
The northern static zone is the area bounded by a line
- (a) starting at 50°20′N, 65°00′W;
- (b) from there to 49°13′N, 65°00′W;
- (c) from there to 48°40′N, 64°13′W;
- (d) from there to 48°40′N, 62°40′W;
- (e) from there to 48°03′N, 61°07.5′W;
- (f) from there to 47°58.1′N, 61°03.5′W;
- (g) from there to 48°00′N, 61°00′W;
- (h) from there to 49°04′N, 61°00′W;
- (i) from there to 49°04′N, 62°00′W;
- (j) from there to 49°43′N, 63°00′W;
- (k) from there to 50°20′N, 63°00′W; and
- (l) from there to 50°20′N, 65°00′W.
Southern Static Zone
The southern static zone is the area bounded by a line
- (a) starting at 48°40′N, 65°00′W;
- (b) from there to 48°40′N, 62°40′W;
- (c) from there to 48°03′N, 61°07.5′W;
- (d) from there to 47°58.1′N, 61°03.5′W;
- (e) from there to 47°10′N, 62°30′W;
- (f) from there to 47°10′N, 65°00′W; and
- (g) from there to 48°40′N, 65°00′W.
Part 2
Dynamic Shipping Zones
Dynamic Shipping Zone A
Dynamic shipping zone A is the area bounded by a line
- (a) starting at 49°41′N, 65°00′W;
- (b) from there to 49°20′N, 65°00′W;
- (c) from there to 49°11′N, 64°00′W;
- (d) from there to 49°22′N, 64°00′W; and
- (e) from there to 49°41′N, 65°00′W.
Dynamic Shipping Zone B
Dynamic shipping zone B is the area bounded by a line
- (a) starting at 49°22′N, 64°00′W;
- (b) from there to 49°11′N, 64°00′W;
- (c) from there to 48°48′N, 63°00′W;
- (d) from there to 49°00′N, 63°00′W; and
- (e) from there to 49°22′N, 64°00′W.
Dynamic Shipping Zone C
Dynamic shipping zone C is the area bounded by a line
- (a) starting at 49°00′N, 63°00′W;
- (b) from there to 48°48′N, 63°00′W;
- (c) from there to 48°24′N, 62°00′W;
- (d) from there to 48°35′N, 62°00′W; and
- (e) from there to 49°00′N, 63°00′W.
Dynamic Shipping Zone D
Dynamic shipping zone D is the area bounded by a line
- (a) starting at 50°16′N, 64°00′W;
- (b) from there to 50°00′N, 64°00′W;
- (c) from there to 49°56′N, 63°00′W;
- (d) from there to 50°16′N, 63°00′W; and
- (e) from there along the coastline back to 50°16′N, 64°00′W.
Dynamic Shipping Zone E
Dynamic shipping zone E is the area bounded by a line
- (a) starting at 48°35′N, 62°00′W;
- (b) from there to 48°24′N, 62°00′W;
- (c) from there to 48°03′N, 61°07.5′W;
- (d) from there to 47°58.1′N, 61°03.5′W;
- (e) from there to 48°00′N, 61°00′W;
- (f) from there to 48°10.5′N, 61°00′W; and
- (g) from there to 48°35′N, 62°00′W.
Part 3
Seasonal Management Areas
Seasonal Management Area 1
Seasonal management area 1 is the area bounded by a line
- (a) starting at 49°04′N, 62°00′W;
- (b) from there to 49°04′N, 61°00′W;
- (c) from there to 48°10.5′N, 61°00′W;
- (d) from there to 48°35′N, 62°00′W; and
- (e) from there to 49°04′N, 62°00′W.
Seasonal Management Area 2
Seasonal management area 2 is the area bounded by a line
- (a) starting at 48°24′N, 62°00′W;
- (b) from there to 48°03′N, 61°07.5′W;
- (c) from there to 47°58.1′N, 61°03.5′W;
- (d) from there to 47°26.69′N, 62°00′W; and
- (e) from there to 48°24′N, 62°00′W.