This is an official version. Copyright © 2006: Queen's Printer, Important Information
v Newfoundland Regulation 1997 Seabird Ecological Reserve Regulations (Filed May
21, 1997) Under the
authority of sections 25 and 29 of the Wilderness
and Ecological Reserves Act, the Lieutenant-Governor in Council makes the
following regulations. Dated at John
Cummings REGULATIONS Analysis 1. Short
title 2. Definitions 3. Permits and licences 4. Fishing
permitted 5. Restrictions 6. Operation
of boat 7. Operation
of aircraft 8. Domestic
animal 9. Tour
boat 10. Exception 11. Application
of regulations Schedule Short title 1. These regulations may be cited as
the Seabird Ecological Reserve
Regulations. Definitions 2. In these regulations (a) "Act"
means the Wilderness and Ecological
Reserves Act; (b) "aircraft"
means a machine for flying and includes fixed or rotary winged airplanes,
gliders and hang gliders; (c) "animal"
means a living thing, other than man, that is not a plant; (d) "bicycle"
means a vehicle powered by pedals, gears or any non-motorized means of
propulsion; (e) "camp"
means a trailer, recreational vehicle, tent or shelter erected or used for any
purpose; (f) "commercial fishing" means fishing carried out under licences
issued by the Federal Department of Fisheries and Oceans; (g) "firearm"
means a device whereby a missile is discharged by means of an explosive
propellant or by means of compressed air or by a spring, and includes sporting
guns, repeating guns, pump guns, set guns, swivel guns, punt guns, rifles,
pistols and revolvers of every description, hunting bows and arrows of every
description; (h) "hunt"
means to chase, pursue, worry, follow after, or on the trail of, lie in wait
for, or attempt to capture, kill, injure, or harass wildlife whether or not
that wildlife is subsequently captured, killed, or injured; (i) "management plan" means the management plan for a declared
Seabird Ecological Reserve on file with the managing agency; (j) "minister" means the minister appointed under the Executive Council Act to administer the
Act; (k) "motorized
boat" means a watercraft equipped with a mechanical means of propulsion; (l) "motorized vehicle" means a motor car, motor truck, four
wheel drive vehicle, all-terrain vehicle, tracked vehicle or any other
motorized conveyance designed for on or off-road use; (m) "personal
watercraft" means jet-skis, sea-doos, wave-runners and the like but
excludes ordinary motorized boats, kayaks and canoes; (n) "permit"
means a permit issued and valid under these regulations; (o) "reserve"
means a Seabird Ecological Reserve as established under the Act and listed in
the attached Schedule; (p) "structure"
means any man-made object intended to be permanent, semi-permanent or temporary
in nature and includes but is not limited to buildings, houses, cottages,
cabins, wharves, docks, boat houses and slipways, trailers, mobile homes, tent
platforms, camps shelters and recreational vehicles used for any purpose, but does
not include semi-permanent blinds, the upkeep and repair of existing structures,
or signs erected under the authority of the management plan; (q) "tourboat"
includes a boat which transports a person for any consideration; and (r) "wildlife" means an animal or plant. Permits and licences 3. (1) The minister, or a person
authorized by the minister, may issue a permit or other written authorization
that allows certain activities to be carried on in a reserve, subject to the
restrictions imposed by these regulations and the Act. (2) A
permit or written authorization shall be issued in accordance with the
guidelines described in the management plan for a reserve. (3) The
activities referred to in subsection 3(1) may be limited by the conditions
declared on the permit or in the written authorization. (4) Persons
who are required to have permits to enter a reserve must have the permit in
their possession at all times while in a reserve. (5) A
person who enters a portion of a reserve shall comply with all restrictions set
out in these regulations and posted signs. Fishing permitted 4. (1) Commercial and recreational
fishing in accordance with other applicable legislation is permitted within the
marine waters of a reserve. (2) Angling
in accordance with other applicable legislation is permitted. (3) Within
the Baccalieu Island Ecological Reserve, berry picking is permitted except in
areas of high concentration of seabirds breeding, where access permits are
necessary. Restrictions 5. Within a reserve, a person shall
not (a) pollute
or obstruct a stream or other body of water; (b) dispose
of any garbage; (c) build
or erect, or cause to have built or erected a structure, path or fence; (d) hunt,
remove, or disturb any wildlife; (e) destroy,
damage, remove, disturb or handle the home, den or nest of any wildlife
species; (f) be in possession of a firearm unless the firearm is securely
wrapped and tied; (g) destroy,
damage, remove, disturb or handle the egg of any wild bird; (h) destroy,
damage, disturb or remove sand, soil, gravel, fossil plant, natural object, or
a part of it; (i) destroy, damage, or remove a sign or other government property; (j) operate or be in possession of any motorized vehicle on the
terrestrial portion of a reserve; (k) light
or maintain fires, open or contained in boats, except contained fires which are
permitted in ships travelling through the marine portion of a reserve; (l) erect or maintain a camp, or otherwise carry on any camping
activity; (m) apply
any chemical to a reserve; (n) operate
or be in possession of a personal watercraft within a reserve; (o) operate
or be in possession of a bicycle; and (p) display,
post or broadcast an advertisement. Operation of boat 6. (1) Within the marine portion of
the (a) operate
a motorized boat within 100 meters of cliffs containing nesting birds from
April 1 to October 30; and (b) operate
an unmotorized boat within 20 meters of cliffs containing nesting seabirds from
April 1 to October 30; (2) Within
the Witless Bay Island Ecological Reserve, a person shall not (a) operate
a motorized boat within 20 meters of Gull, Great and (b) operate
an unmotorized boat, within 15 meters of Gull, Great and (c) operate
a motorized boat within 100 meters of (d) operate
an unmotorized boat within 50 meters of (3) A
person shall not within a Seabird Ecological Reserve (a) operate
a dragger, tanker, freighter, barge, or a vessel longer than 20 meters; and (b) operate
a boat in a manner that disturbs wildlife or allows noise from the boat or persons
on board to disturb wildlife; Operation of aircraft 7. (1) A person shall not (a) operate
an aircraft over the Cape St. Mary's and Baccalieu Island Reserves at an
altitude less than 300 meters between the dates of April 1 and October 30; and (b) operate
an aircraft over the Witless Bay Islands Reserve at an altitude less than 300
meters between April 1 and September 1. (2) An
aircraft shall not (a) take
off or land in the Cape St. Mary's and Baccalieu Island Reserves between the
dates of April 1 and October 30; and (b) take
off or land in the Witless Bay Islands Reserve between the dates April 1 and
September 1. Domestic animal 8. (1) Subject to subsections (2) and
(3), a person shall not allow a domestic animal to enter a reserve. (2) A
person may enter a reserve with a dog if (a) the
dog is a seeing eye dog specially trained for that purpose and is being used
for that purpose; and (b) the
seeing eye dog is kept under control at all times. (3) A
person may keep sheep within the Cape St. Mary's Ecological Reserve in
accordance with the management plan for the reserve. Tour boat 9. (1) A person shall not operate or
cause to be operated a tour boat or guiding enterprise within a reserve unless
the operator is in possession of a permit issued under section 3. (2) In
addition to these regulations, the operator shall comply with conditions set
out in the permit. Exception 10. (1) A person engaged in the
administration or management of Seabird Ecological Reserves in the normal
course of his or her duties, is exempt from sections 5(d), (e), (f), (g), (h),
(i), (k), (1) and (p), section 6(1), 6(2) and section 7. (2) Within
the Cape St. Mary's Ecological Reserve, a person engaged in the administration
and management of this reserve, in the normal course of his or her duties, is
also exempt from paragraphs 5(j) and (o). (3) A
person engaged in a scientific study approved by the Parks and Natural Areas
Division and in possession of all requisite permits, may be exempted from
paragraphs 5(d), (e), (f), (g), (h) and (l), subsections 6(1), (2) and section
7. (4) Commercial
fishers while engaged in fishing are exempt from paragraphs 5(d) and (h) and
subsections 6(1) and (2) to the extent that it is necessary for the proper
conduct of this fishing activity. (5) Any
person engaged in recreational fishing is exempt from paragraphs 5(d) and (h)
to the extent that is necessary for the proper conduct of this activity. (6) Within
the Baccalieu Island Ecological Reserve, any employee of the federal Department
of Transport, or a person working on the behalf of that department, (a) is
exempt from paragraph 5(c) for the purpose of maintaining existing paths or
structures associated with the operation and maintenance of the facilities
existing prior to provisional reserve establishment; (b) is
exempt from paragraph (d) for the purposes of cutting trees for boat building
as outlined under the management plan of the reserve; (c) is
exempt from subsection 6(1) and section 7 for the purpose of transporting
persons or goods to and from the existing facilities, in accordance with the
procedures outlined under the management plan of the reserve; (d) is
exempt from subsection 8(1), in accordance with the conditions outlined under
the management plan of the reserve. (6) Within
the Baccalieu Island Ecological Reserve, any employee of the Federal Department
of Environment, or a person working on the behalf of that department, is exempt
from subsections 6(1) and (3) and section 7 for the purpose of transporting
persons or goods to maintain the existing Department of Environment facilities,
in accordance with procedures outlined under the management plan for the
reserve. (7) Within
the (a) any
person in the process of landing a boat in Ned Walsh's Cove or London Cove, is
exempted from subsection 6(1); and (b) any
person is permitted to have a small open or contained fire on the designated
landing sites of Ned Walsh's Cove and London Cove. (8) At
the Witless Bay Islands Ecological Reserve, a tour boat having a permit issued
under section 9 is exempt from subsection 6(2), notwithstanding anything in the
management plan to the contrary. (9) Any
person in possession of a valid access permit, is exempt from subsections 6(1)
and (2) for the purpose of using a boat to land on the islands. Application of regulations 11. These regulations shall apply to
the Seabird Ecological Reserves listed in the Schedule, except to the extent
that they have been modified by the Order declaring a given Seabird Ecological
Reserve in effect. Schedule 1. 2. Cape St. Mary's Ecological Reserve. 3. Witless ©Earl G. Tucker, Queen's Printer |