Proposed Amendments to Section 32 and 33 of the Marine Mammal Regulations
The Department of
Fisheries and Oceans is proposing amendments be made to Sections 32 and 33 of
the Marine Mammal Regulations. These amendments are
intended to come into effect for the 2008 seal harvest.
Amendments to Section 32 will clarify
that the criteria set out in subsection (2) are not exhaustive and that the
Minister may take into account other relevant considerations when determining
whether the issuance of a seal fishery observation licence will cause disruption
to a seal fishery. The amendments will also ensure that the Minister takes into
account whether an applicant for a licence has been convicted of a violation of
a seal fishery observation licence condition within the preceding five years.
An additional Section 32 amendment is required to take into account changing harvesting activities in response
to changing ice conditions. We propose that the text “on the ice” be removed in
order to properly manage the fishery.
A Section 33 amendment is required to
clarify that the purpose of the exception in paragraph 33(2)(e) of the current
Regulations is to exclude people who live in a house or similar land-based
residence that happens to be within a half nautical mile of a sealing activity.
This is consistent with a recent decision of the Prince Edward Island Supreme
Court Trial Division in the case of R. v. Watson
(affirmed on other grounds, P.E.I.C.A., August
24, 2007).
Please send your comments regarding the
aforementioned proposed regulatory amendments to
srrercp@dfo-mpo.gc.ca
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