Canada Gazette

The Oceans Act (the Act) came into force on January 31, 1997. Part II of the Act authorizes the establishment of Canada's Oceans Strategy (COS) based on the principles of sustainable development, integrated management and the precautionary approach. This part of the Act also provides authority for the development of tools necessary to carry out COS, such as the establishment of Marine Protected Areas (MPA).

Section 35 of the Act authorizes the Governor in Council to designate, by regulations, MPAs for one or more of the following reasons:

(a) the conservation and protection of commercial and non-commercial fishery resources, including marine mammals and their habitats;

(b) the conservation and protection of endangered or threatened marine species and their habitats;

(d) the conservation and protection of marine areas of high biodiversity or biological productivity; and

(e) the conservation and protection of any other marine resource or habitat as is necessary to fulfill the mandate of the Minister.

In June 1999, the Minister of Fisheries and Oceans announced Basin Head as an Area of Interest (AOI) in the MPA Program. Basin Head meets the criteria set out in paragraphs 35(1)(c) and (e) above. The Basin Head Harbour ecosystem meets this criteria because of the existence of a unique strain of floating Irish moss (Chondrus crispus) and because it would contribute to a national network of MPAs. This strain of Irish moss has a life cycle and natural habitat limited to this ecosystem. This regulatory initiative proposes to formally designate, under the Oceans Act, the waters in the Basin Head area as a MPA.

MPAs are established according to a process set out in the National Framework for Establishing and Managing MPAs. This process involves the identification of AOIs, a series of evaluations including an ecological assessment of the area, the development of regulations outlining the MPA boundary and regulatory management measures to be implemented within the MPA, the development of a management plan to accompany the regulations and ongoing monitoring of the MPA.

Basin Head, located on the eastern tip of Prince Edward Island, is a small estuarine lagoon surrounded by agricultural land to the north and by an extensive sand dune system to the south. It is comprised of an entrance channel, a lagoon, and a long narrow channel that extends parallel to the coast. The area's ecosystem is most notable because it harbours a unique strain of floating Irish moss. This strain of Irish moss has a life cycle and natural habitat limited to the Basin Head Harbour ecosystem. Due to the large size of fronds and high carrageenan content (used in a variety of food, cosmetic and health related products as a thickening or stabilizing agent) there is significant potential and interest to use the strain as a seed stock (brood stock for commercial propagation) for aquaculture operations.

In order to understand this ecosystem, marine plant research scientists have been gathering data on the biological and physical characteristics of the lagoon for the past number of years. Sampling has shown that the Irish moss is concentrated in the long narrow northeastern channel of the harbour (comprising approximately 2.6 percent of the total harbour area). Investigations have also resulted in the discovery of a new plant form. When fragments of knotted wrack (Ascophyllum nodosum) become entangled in marsh grass (Spartina Alterniflora) it loses its regular form and floats, but continues to grow entwined in the lower parts of the grass, a form of the plant not seen before in the region. Sea lettuce (Ulva lactuca) is the dominant plant in the upper reaches of the northeast channel. Eelgrass (Zostera marina) dominates the lagoon and the outer reaches of the northeast channel. These marine plants provide a diverse and complex structure that support high levels of productivity and maintain high biodiversity in this small harbour.

Primary threats to the area include increased human use of the harbour, changes to water chemistry as a result of watershed contributions and alteration of the dune structure. All of these threats could result in changes to the structure and function of this ecosystem.

Integrating the management of the terrestrial and marine components of the Basin Head ecosystem will facilitate coordinated and effective management of the area. This cooperative management regime is the preferred approach to the conservation and protection of Basin Head as determined through the consultation process. Candidate activities for cooperative management include watershed management, research and education.

The proposed MPA includes waters under federal jurisdiction and three internal management zones: the lagoon (Zone 1), the inner channel (Zone 2) and the outer coastal zone (Zone 3). The health of Basin Head is inextricably linked to surrounding marine waters and the stability of the dune system. The Department of Fisheries and Oceans (DFO) is proposing to include the outer zone within the MPA to provide a "buffer" of additional protection for the surrounding ecosystem. These zones (described further below) reflect the differences among physical environments or habitats and the management approaches required for each. In order to conserve and protect this ecosystem, specific activities will be prohibited within various zones of the MPA to ensure the health of the Irish moss and its supporting habitats.

The Regulations contain a general prohibition against the disturbance, damage, destruction or removal of any living marine organism or any part of its habitat within the MPA. In addition, the Regulations prohibit activities, including the depositing, discharging or dumping of substances within the MPA that result in the disturbance, damage, destruction or removal of any living marine organism or any part of its habitat within the MPA.

All activities that do not violate the prohibitions, i.e. that do not disturb, damage, destroy or remove living marine organism or their habitats, will be permitted in the MPA. A management plan developed for the MPA will provide further guidance to users on those activities considered acceptable and that remain below this harm threshold.

Further, the Regulations recognize that certain activities, such as scientific research and specific types of fishing, may cross the harm threshold but still may be allowed to occur within the MPA without compromising the conservation objectives under specific conditions. Moreover, certain activities, such as monitoring, may be required to support the management and protection of the MPA, while other activities may be required for specific over-riding purposes, such as public safety and security. Within the Regulations, activities are managed through 1) the submission and approval of plans for science and education activities according to specified conditions; and 2) specific exceptions to the general prohibitions according to specified conditions. These are described below.

Throughout the MPA, activities for the purpose of public safety, law enforcement or emergency response are permitted to ensure the safety of Canadians.

Aboriginal Peoples fishing in accordance with the Aboriginal Communal Fishing Licenses Regulations will be permitted throughout the MPA.

Any accident that is likely to result in the disturbance, damage, destruction or removal referred to in the general prohibitions of the Regulations, must be reported within two hours after its occurrence to the Canadian Coast Guard.

Scientific research and educational activities will be approved throughout the entire MPA under specific conditions. A plan for these activities must be submitted, specific information listed in the Regulations must be supplied about the activity, and the activity must not damage or destroy the habitat of living marine organisms within the MPA. The Minister will approve plans for scientific activities in Zone 1, only if they are for the purposes of managing the MPA or monitoring the effectiveness of the conservation measures being implemented and for educational activities, if they are for the purposes of increasing awareness of the MPA or providing information in respect of the conservation measures implemented in the MPA. In Zone 2 and 3 scientific and educational activities can be for other purposes as long as they do not damage or destroy the habitat of living marine organisms. Throughout the MPA, the cumulative environmental effects of these activities, in combination with all other past and current activities being undertaken within the MPA, will also be taken into consideration and ministerial approval granted if the activity is not likely to cumulatively result in damage or destruction of the MPA.

Zone 1 (the inner channel) — This zone extends from the main Basin eastwards for approximately 3 km to the eastern limit of the ecosystem. Zone 1 will have the highest level of protection given that it provides the only habitat for Irish moss within this ecosystem. Activities permitted in this area are limited to those which do not cross the harm threshold stated in the prohibitions, e.g. do not disturb, damage, destroy or remove living marine organisms or their habitat, or deposit, discharge or dump harmful substances. Because of the vulnerability of the Irish moss in this zone, activities such as swimming, diving, use of motorized vessels, and fishing would not be permitted.

Zone 2 (the lagoon) — This zone extends from the inner channel west to the limit of the Basin and south to the mouth of the Basin. This is the main Basin area or lagoon and acts as a buffer zone for the more sensitive Zone 1 area and will tolerate some disturbances such as swimming and diving. Non-vessel based fishing will be permitted in this zone if these activities are carried out in accordance with the Atlantic Fishery Regulations, 1985, the Maritime Provinces Fishery Regulations or the Wildlife Conservation Act, as applicable. The use of a motorized vessel will only be permitted in this zone in order to launch or land a vessel at a boat launch. The maintenance, repair, or removal of a bridge or boat launch will also be permitted in this zone if the applicable authorizations for these activities have been obtained under the Navigable Waters Protection Act or the Fisheries Act. Requirements under this legislation are considered sufficient to ensure that these activities will be conducted in a manner consistent with the conservation objectives of the MPA.

Zone 3 (the outer coast) — This zone extends from the mouth of the lagoon to 1 nautical mile south and covers 3 nautical miles east to west, adjacent to the eastern end of the lagoon. The zone is a buffer to protect the integrity of the dune structure. Prohibitions in this zone restrict physical activities that may alter the coastline in such a way as to endanger the fragile sand dune system, and therefore the lagoon. Fishing will be permitted in this zone if these activities are carried out in accordance with the Atlantic Fishery Regulations, 1985 or the Maritime Provinces Fishery Regulations. Swimming, diving, and the use of motorized vessels will not be considered to disturb the habitat in this area. The maintenance, repair, or removal of a bridge will be permitted in this zone if the applicable authorizations for these activities have been obtained under the Navigable Waters Protection Act or the Fisheries Act. Requirements under this legislation are considered sufficient to ensure that these activities will be conducted in a manner consistent with the conservation objectives of the proposed MPA.

The status quo was considered unacceptable for the protection and conservation of Basin Head because even though the area is currently afforded some protection under the Fisheries Act, and the restrictions on harvesting Irish moss under the Atlantic Fishery Regulations, 1985, additional environmental quality and habitat concerns are not currently being addressed in a comprehensive manner. An MPA designated by regulation under the Oceans Act provides an opportunity to use integrated management tools for conserving and protecting the biodiversity and biological productivity of the area and the unique form of Irish moss. By designating this area as an MPA, DFO is engaging in a proactive regulatory regime that allows for the conservation objectives to be met without relying on a Fisheries Act infraction to trigger enforcement actions.

The Basin Head Harbour has long been recognized as unique by area residents. It was not until the 1960s that researchers "discovered" the unique strain of Irish moss at Basin Head, a fact long known by area residents. Since then, several initiatives, most of them unsuccessful, have been discussed to protect and conserve Basin Head. Among them, there was discussion of creating a national park in the late 1960s. Some coastal lands were protected under the provincial Recreational Development Act in the late 1970s. The Basin Head Museum, which interprets the natural area and related fisheries activities, was opened in 1973. In 1974, Basin Head was recommended as an area worth protecting in a report entitled Ecological Reserves in the Maritimes (Canadian Committee for the International Biological Programme). It was also included on a list of sites for the Provincial Significant Environmental Areas Program in 1991. Between 1995 and 1997, 96 hectares of the sand dunes surrounding Basin Head were designated under the provincial statutory authority of the Natural Areas Protection Act. In 1999, the Basin Head Lagoon Ecosystem Conservation Committee (BHLECC) was formed and they prepared a proposal, based on community input, asking DFO to consider Basin Head as a potential Marine Protected Area site.

Although there is a high level of community support for the MPA initiative in Basin Head, voluntary measures were not considered sufficient to afford the Irish moss and its habitat adequate protection. Without a regulatory regime, and accompanying management measures, it would be difficult to ensure consistent compliance. This approach will also provide a basis from which to conduct monitoring of management effectiveness. The streamlined, long-term and formal designation of an MPA under the Oceans Act was considered preferable to reliance on voluntary measures, which are often dependent on inconsistent and unstable funding sources.

The preferred option is the designation of the Basin Head MPA by regulations, with prohibitions and other management activities as outlined in a management plan. The Regulations, augmented by stewardship and joint planning actions, are recommended to meet the conservation and management needs of Basin Head. Through this approach, existing and future activities in the area can be managed in a cohesive way while achieving the conservation objectives of the MPA.

The primary benefit of the proposed Regulations establishing the Basin Head MPA is that the foundation will be set for ensuring the conservation and protection of a unique plant, community and habitat association in a highly diverse and productive ecosystem of Canada's oceans. It will aid in the prevention of potential ecological deterioration and protect the unique marine plant community in that area by using a proactive regulation and adopting an MPA management plan complete with monitoring protocol. This site is viewed as a potential seed source of the stock for future aquaculture development in other areas. Designation of the MPA can integrate the departmental priorities of conservation and aquaculture development, while sustaining many traditional uses. There could also be an economic benefit if the strain of Irish moss can be developed to successful commercial aquaculture production. Mi'kmaq community leaders have expressed interest in the economic potential of raising Basin Head Irish moss in the Lennox Island Area.

A subsidiary benefit of designating the Basin Head MPA is the opportunity to initiate a focused, co-operative, and ecosystem-based management approach involving federal and provincial government agencies using their respective authorities. It is also an opportunity to encourage stewardship and co-operation with an alliance of stakeholder groups and to augment tourism development initiatives in the Basin Head area.

The establishment of this MPA will also demonstrate Canada's resolve to fulfil its commitments under the United Nations Convention on the Law of the Sea (UNCLOS), the Convention on Biological Diversity, the World Commission on Protected Areas Program and the 2002 World Summit on Sustainable Development.

The economic cost of the MPA designation in terms of fisher displacement is considered to be negligible. Historic catch records show that commercial fishing activities will not be impacted by the designation of the area as an MPA.

Internal DFO funding has facilitated the designation process thus far including assessments, consultation, and regulatory development. Upon designation, DFO will fund the management actions described in the MPA regulations, compliance and enforcement activities, monitoring for management effectiveness, and support for a management body. Supplementary activities, such as public awareness and education activities or research, may be undertaken by partners such as non-government organizations or academic institutions. Costs associated with enforcement activities will be assumed by DFO through existing funding for fisheries officers and should be minimal considering the high level of compliance and the small size of this coastal MPA.

Prior to and since its announcement in 1999, the MPA process has inspired strong local support for designation of Basin Head as an MPA. The consultative process has developed new trust-based relationships and the regulatory designation of the MPA will maintain the level of momentum and stakeholder confidence that has now been established.

To facilitate the consultative process, the BHLECC was established in 1999. The committee consists of representatives from land owners, Basin Head Fisheries Museum, municipal government, agricultural, tourism and fishing industries, DFO (ex officio), and the Prince Edward Island Department of Fisheries, Aquaculture and Environment (ex officio).

(d) make consensus-based recommendations to DFO for the proposed establishment of an MPA at Basin Head; and

(e) ensure community involvement in the establishment and ongoing management of Basin Head MPA.

The BHLECC, and associated public meetings, have provided an excellent forum for issue identification, discussion and resolution. They have functioned well and guided the development of the proposed co-operative management regime. The resulting commitment to stewardship and co-operation in the protection of this area as an MPA has laid the groundwork for the proposed Regulations. The recommendations reflect the outcome of a consensus-based process by the BHLECC and directions expressed by the public, stakeholders and other partners through consultations conducted over a three-year period. Since 1998, there have been six public meetings (one in 1998, two in 1999, one in 2000, one in 2001 and one in June 2002) held in the Basin Head area. During these public meetings, presentations were given on ongoing research, proposed management objectives and proposed Regulations.

Several issues have been identified and resolved during these public meetings; these include recreational and commercial fishing access, use of motorized vessels and use of a boat ramp located in Zone 2. To achieve the conservation objective of protecting the unique strain of Irish moss, the community accepted the advice of prohibiting motorized vessels from Zones 1 and 2 (except for a small portion of Zone 2 for navigational purposes only). This advice was given to the community by DFO Science due to the fact that motors could possibly damage and destroy marine plants in the harbour. There is minimal recreational and commercial clam and recreational eel spearing fishing in Zone 2. It was agreed to prohibit any fishing activity in Zone 1 due to the fragile nature of the northeast channel, but allow it in Zone 2. This recommendation was supported by a group of local fishermen.

The Prince Edward Island Department of Environment, Energy and Forestry has been involved in the planning and consultation process since Basin Head was announced as an AOI. Meetings held with provincial government representatives in December 2004 and February 2005 reconfirmed their support of the Basin Head MPA initiative. The Government of Prince Edward Island has been an active and supportive member of the BHLECC since its inception. The Province has indicated that it will continue to support and partner in this initiative. Furthermore, it has indicated willingness to use existing legislation to protect part of the watershed surrounding the Basin Head lagoon. The province is committed to supporting and advancing stewardship and protection initiatives in the watershed.

Letters of invitations (to meetings and open houses) were sent to aboriginal groups, and informal discussions regarding the designation process have taken place. Presentations were made to the Abegweit and Lennox Island First Nations, the Mi'kmaq Confederacy of Prince Edward Island and the Prince Edward Island Native Council in June 2002. The presentations highlighted research at Basin Head, proposed Regulations and conservation objectives for the lagoon. All four groups were supportive of the concept of an MPA at Basin Head, provided that a good balance could be achieved between conservation and the economy. Several important questions/issues were raised during these presentations. These included treaty rights, long-term research plans at Basin Head, possible off-site aquaculture, study of aboriginal use of Basin Head and aboriginal involvement in the process. It was understood that the regulations for Basin Head will allow for Aboriginal peoples fishing in accordance with the Aboriginal Communal Fishing Licences Regulations. It was agreed to keep open lines of communications between the BHLECC and all four organizations in the future and to explore ways of collaborating in future research projects at Basin Head. A meeting held in February 2005 with members of Abegweit and Lennox Island First Nations and the Mi'kmaq Confederacy of Prince Edward Island reconfirmed their support of the concept of an MPA at Basin Head.

In discussing and developing recommendations for designation and management of the Basin Head MPA, all members of the BHLECC and their constituents clearly understood that, upon designation, the area would be managed and regulated by prohibitions and other management actions. The BHLECC expects that some traditional activities will continue as they have for many years. They include swimming, angling, and current commercial and recreational fisheries in the area. It was also accepted that this would not prevent the removal of marine organisms for scientific or educational purposes as part of an ongoing research program to assess and monitor the long-term health of the Basin Head marine ecosystem or the removal of Irish moss as a seed stock for aquaculture.

Impacts of these prohibitions and management actions are understood, accepted and supported within the community and among the user groups. A Strategic Environmental Assessment (SEA) has been completed for the Basin Head MPA initiative in compliance with the 2004 Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals. Generally, it is anticipated that any environmental effects resulting from the Basin Head MPA will be positive.

A compliance and enforcement component of the management plan will address operational responsibilities by DFO to meet regulatory requirements. Fishery officers in the area will serve as the primary enforcement body. Principal stakeholder groups have expressed a keen interest in developing non-regulatory actions working towards ensuring a high degree of compliance, such as public education and signage. Additional stewardship initiatives will contribute to meeting the compliance objectives of the Regulations. The high level of support for the creation of an MPA at Basin Head suggests that enforcement interventions will rarely be required, providing the foundation for a strong community-based compliance environment.

Monitoring and assessment of the effectiveness of the management measures and guidelines provided in the accompanying management plan will take place over a three-year period.

Tracy Kerluke, Acting Senior Analyst, Marine Protected Areas, Fisheries and Oceans Canada, 200 Kent Street, Ottawa, Ontario K1A 0E6, (613) 991-6692 (telephone), (613) 993-6414 (fax), kerluket@dfo-mpo.gc.ca (email); Dave Luck, Policy Analyst, Legislative and Regulatory Affairs, Fisheries and Oceans Canada, 200 Kent Street, Ottawa, Ontario K1A 0E6, (613) 990-0199 (telephone), (613) 990-2811 (fax), luckd@dfo-mpo.gc.ca (email).

Notice is hereby given that the Governor in Council proposes, pursuant to subsection 35(3) of the Oceans Act (see footnote a), to make the annexed Basin Head Marine Protected Area Regulations.

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Tracy Kerluke, Marine Protected Areas A/Senior Analyst, Marine Ecosystems Conservation Branch, Fisheries and Oceans Canada, 200 Kent Street, Ottawa, Ontario K1A 0E6 (tel.: (613) 991-6692; facsimile: (613) 993-6414; e-mail: kerluket@ dfo-mpo.gc.ca).

Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representation should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

"Area" means the Basin Head Marine Protected Area designated under section 2. (zone)

"vessel" has the same meaning as in section 2 of the Canada Shipping Act. (bâtiment)

"waters" means, in addition to the waters, the seabed and subsoil below the waters to a depth of two metres. (eaux)

(2) In these Regulations, all geographical coordinates (latitude and longitude) are expressed in the North America Datum 1983 (NAD 83) geodetic reference system.

2. The areas of the sea at Basin Head comprised of the management zones described below — and depicted in the schedule — are together designated as the Basin Head Marine Protected Area:

(a) Zone 1, consisting of waters lying generally northeast of a rhumb line connecting points at 46°23'20" N, 62°06'10" W and 46°23'18" N and 62°06'08" W, that are within an area of the sea bounded by the low-water line of the harbour and by the rhumb line to its points of intersection with the low-water line;

(b) Zone 2, consisting of waters that are within an area of the sea bounded by the low-water line of the harbour and by the following rhumb lines to their respective points of intersection with the low-water line, namely,

(i) a line connecting points at 46°23'20" N, 62°06'10" W and 46°23'18" N and 62°06'08" W, and

(ii) a line connecting points at 46°22'39" N, 62°06'29" W and 46°22'40" N, 62°06'29" W; and

(c) Zone 3, consisting of waters that are within an area of the sea bounded by the low-water line of the Northumberland Straight and by the following rhumb lines, namely,

(i) to its points of intersection with the low-water line, a line connecting points at 46°22'39" N, 62°06'29" W and 46°22'40" N, 62°06'29" W,

(ii) to its point of intersection with the low-water line, a line connecting points at 46°23'51" N, 62°04'30" W and 46°22'55" N, 62°04'02" W,

(iii) a line connecting points at 46°22'55" N, 62°04'02" W and 46°21'07" N, 62°07'36" W, and

(iv) to its point of intersection with the low-water line, a line connecting points at 46°21'07" N, 62°07'36" W and 46°22'04" N, 62°08'04" W.

(a) disturb, damage or destroy, or remove from the Area, any living marine organism or any part of its habitat; or

(b) carry out any activity — including depositing, discharging or dumping any substance, or causing any substance to be deposited, discharged or dumped — that is likely to result in the disturbance, damage, destruction or removal of a living marine organism or any part of its habitat.

(2) Despite subsection (1), a person may carry out any activity excepted under section 4 or any scientific or educational activity for which a plan is approved under section 6.

(i) fishing that is carried out in accordance with the Aboriginal Communal Fishing Licences Regulations,

(ii) in Zone 2 or 3, any recreational fishing activity that is carried out in accordance with the Maritime Provinces Fishery Regulations or the Wildlife Conservation Act of Prince Edward Island, R.S.P.E.I. 1988, c. W-4.1, as amended from time to time, and

(iii) in Zone 2 or 3, any commercial fishing activity that is carried out in accordance with the Atlantic Fishery Regulations, 1985 or the Maritime Provinces Fishery Regulations;

(b) in Zone 2, operation of a motorized vessel south of a rhumb line connecting points at 46°22'56" N, 62°06'39" W and 46°22'56" N and 62°06'34" W solely for the purpose of transiting that area in order to launch the vessel from, or land it at, a boat launch;

(c) any of the following activities — in relation to which approval or authorization is not required under the Navigable Waters Protection Act or the Fisheries Act, as the case may be, or that is carried out in accordance with a related approval or authorization required under either of those Acts — namely,

(i) in Zone 2, the maintenance, repair or removal of a bridge, wharf or boat launch, and

(ii) in Zone 3, the maintenance, repair or removal of a bridge or wharf; and

(d) any activity that is carried out for the purpose of public safety, national security or law enforcement or in response to an emergency.

5. Every person who proposes to carry out a scientific or an educational activity in the Area shall submit to the Minister for approval, not less than 60 days before the day on which the activity is proposed to begin, a plan that contains the following information and documents:

(a) the name, address and telephone number, and if applicable, the facsimile number and electronic mail address, of a person who can be contacted in respect of the plan;

(i) the purpose of the proposed activity,

(ii) the period or periods during which the proposed activity is to be carried out,

(iii) a map on which the location of the proposed activity is identified,

(iv) the types of data that are to be collected, if any, and the sampling protocols or other techniques to be used to collect the data,

(v) the types of equipment, if any, that are to be used during the proposed activity, including those for gathering data, and if any of the equipment is to be anchored or moored in the Area, the methods by which the anchoring or mooring is to be conducted,

(vi) the type and identity of every vessel that is to be used to carry out the proposed activity, and

(vii) every substance, if any, that is to be deposited, discharged or dumped within the Area during the proposed activity;

(c) an assessment of the environmental effects that are likely to occur within the Area as a result of the proposed activity; and

(d) a list of every licence, permit, authorization or consent obtained or applied for in respect of the proposed activity.

6. (1) Subject to subsection (2), the Minister shall, within 30 days after the day on which a plan that is submitted in accordance with section 5 is received, approve the plan if the proposed activity is not likely to damage or destroy the habitat of a living marine organism in the Area and

(a) in the case of a scientific activity that is proposed to be carried out in Zone 1, the activity is for the purpose of monitoring the effectiveness of conservation measures implemented in, or for the management of, the Area; and

(b) in the case of an educational activity that is proposed to be carried out in Zone 1, the activity is for the purpose of increasing public awareness of the Area or providing information in respect of the conservation measures implemented in the Area.

(2) The Minister shall not approve a plan if the cumulative environmental effects of the proposed activity, in combination with any other past and current activities carried out within the Area, are likely to damage or destroy the habitat of living marine organisms in the Area.

7. Every person involved in an accident that is likely to result in any disturbance, damage, destruction or removal prohibited under subsection 3(1) shall, within two hours after its occurrence, report the accident to the Canadian Coast Guard.