Whereas the Minister of Transport believes that the annexed Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in and near the Shediac Valley 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 Interim 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, 2001c, makes the annexed Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in and near the Shediac Valley.
Ottawa, August 1 , 2020
Marc Garneau
Minister of Transport
Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in and near the Shediac Valley
Definitions
Definitions
1 The following definitions apply in this Interim Order.
navigational warning means a communication identified as a navigational warning, or NAVWARN, that the Canadian Coast Guard publishes online or broadcasts. (avertissement de navigation)
restricted area means the area described in the schedule. (zone de restriction)
Application
Vessels
2 (1) This Interim Order applies to vessels that are more than 13 m in length.
Definition of 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.
Restricted Area
Prohibition
3 (1) A vessel must not navigate in the restricted area.
Exceptions
(2) Subsection (1) does not apply to any of the following vessels:
- (a) a vessel being used for commercial fishing;
- (b) a vessel being used for fishing under the authority of a licence issued under the Aboriginal Communal Fishing Licences Regulations;
- (c) a vessel being used by an employee of the Government of Canada or peace officer who is performing their duties;
- (d) a vessel being used for research purposes on behalf of the Government of Canada;
- (e) a vessel authorized by the Government of Canada to retrieve or identify the location of abandoned or lost fishing gear;
- (f) a vessel in distress or providing assistance to a person or vessel in distress;
- (g) a vessel involved in pollution response operations;
- (h) a vessel avoiding immediate or unforeseen danger.
Speed limit
(3) A vessel referred to in paragraph (2)(a), (b), (d), (e), (g) or (h) must not proceed at a speed in excess of eight knots over ground within the restricted area.
Non-application
(4) Section 3 of the Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in the Gulf of St. Lawrence does not apply to vessels in the restricted area.
Suspension — weather conditions
(5) If a navigational warning states that, because of current or forecast weather conditions, the speed limit under subsection (3) is suspended, a vessel may proceed at a safe speed that is in excess of eight knots over ground within the restricted area as of the time that the navigational warning comes into effect.
Duration of suspension
(6) 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 (5) 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 (5) came into effect.
Schedule (Section 1) Restricted Zone
| Item | The restricted zone is the area bounded by a line |
|---|---|
| 1 |
|