C-61.1, r. 18 - Regulation respecting wildlife habitats

Section 1 Disposition versions

2022-03-01

1. For the purposes of Chapter IV.1 of the Act respecting the conservation and development of wildlife (chapter C-61.1) and for the purposes of this Regulation, wildlife habitats are habitats located on land in the domain of the State, having the following features or in which the following conditions prevail and, in the case of habitats described in paragraphs 1 to 5, 6 as regards the woodland caribou, mountain ecotype, Gaspésie population, 7 as regards any other territory under water and 8 to 11, which are demarcated on a chart prepared by the Minister:

(1)  “water fowl gathering area” means the site of a swamp, a flood zone delimited by the mean boundary of the littoral zone for a 2-year period, and intertidal zone, a water plant community or a band of water measuring no more than 1 km wide as measured from the low-water mark and no less than 25 ha in area, that is frequented by geese or ducks during nesting or migration seasons and where there are at least 50 birds of those species per kilometre of shoreline measured along a straight line drawn between the 2 most distant points on the shoreline or 1.5 birds per hectare; where the limits of a flood zone cannot be established as indicated, they shall correspond to the boundary of the littoral zone; (aire de concentration d’oiseaux aquatiques)

(2)  “white-tailed deer yard” means a wooded area measuring at least 250 ha where white-tailed deer gather during the period when the snow cover exceeds 40 cm in the region south of the St. Lawrence River and west of the rivière Chaudière and 50 cm elsewhere; (aire de confinement du cerf de Virginie)

(3)  “area frequented by caribou south of the 52nd parallel” means a site where a herd of at least 50 caribou calves, breeds and feeds during the winter; (aire de fréquentation du caribou au sud du 52e parallèle)

(4)  “caribou calving area north of the 52nd parallel” means a territory frequented by at least 5 caribou cows per square kilometre from 15 May to 1 July; (aire de mise bas du caribou au nord du 52e parallèle)

(5)  “cliff inhabited by a colony of birds” means a cliff, and the cliff top back to a depth of 100 m, where there are at least 10 seabird nests per 100 m of cliff face; (une falaise habitée par une colonie d’oiseaux)

(6)  “habitat of a threatened or vulnerable wildlife species” means a habitat defined by the Regulation respecting threatened or vulnerable species and their habitats (chapter E-12.01, r. 2); (habitat d’une espèce faunique menacée ou vulnérable)

(7)  “fish habitat” means a lake, a swamp, a marsh, a flood zone delimited by the mean boundary of the littoral zone for a 2-year period or a watercourse, frequented by fish, including the St. Lawrence River and its estuary or any other territory under water situated in the Gulf of St. Lawrence or the Baie des Chaleurs and demarcated on a chart prepared by the Minister; where the limits of a flood zone cannot be established as indicated, they shall correspond to the boundary of the littoral zone; (habitat du poisson)

(8)  “muskrat habitat” means a swamp or a pond at least 5 ha in area, inhabited by muskrats; (habitat du rat musqué)

(9)  “heronry” means a site where at least 5 nests have been used by great blue herons, black-crowned night herons and American egrets during at least 1 of the past 5 nesting seasons, including a strip of surrounding land 500 m wide or, where the layout of the land makes it impossible to extend the strip to 500 m, a smaller surrounding strip; (héronnière)

(10)  “island or peninsula inhabited by a colony of birds” means an island or a peninsula less than 50 ha in area, where there are at least 25 nests per hectare of colonizing bird species other than herons; (île ou presqu’île habitée par une colonie d’oiseaux) and

(11)  “salt lick” means the site of a swamp, spring or body of water, including a strip of surrounding land 100 m wide, that is frequented by moose and contains mineral salts in concentrations greater than 3 parts per million of potassium and greater than 75 parts per million of sodium. (vasière)

O.C. 905-93, s. 1; O.C. 256-99, s. 1; O.C. 951-2001, s. 1; O.C. 733-2004, s. 1; O.C. 721-2011, s. 5.

2012-09-01

1. For the purposes of Chapter IV.1 of the Act respecting the conservation and development of wildlife (chapter C-61.1) and for the purposes of this Regulation, wildlife habitats are habitats located on land in the domain of the State, having the following features or in which the following conditions prevail and, in the case of habitats described in paragraphs 1 to 5, 6 as regards the woodland caribou, mountain ecotype, Gaspésie population, 7 as regards any other territory under water and 8 to 11, which are demarcated on a chart prepared by the Minister:

(1)  “water fowl gathering area” means the site of a swamp, a floodplain delimited by the mean high-water level for a 2-year period, and intertidal zone, a water plant community or a band of water measuring no more than 1 km wide as measured from the low-water mark and no less than 25 ha in area, that is frequented by geese or ducks during nesting or migration seasons and where there are at least 50 birds of those species per kilometre of shoreline measured along a straight line drawn between the 2 most distant points on the shoreline or 1.5 birds per hectare; where the limits of a floodplain cannot be established as indicated, they shall correspond to the natural high-water mark; (aire de concentration d’oiseaux aquatiques)

(2)  “white-tailed deer yard” means a wooded area measuring at least 250 ha where white-tailed deer gather during the period when the snow cover exceeds 40 cm in the region south of the St. Lawrence River and west of the rivière Chaudière and 50 cm elsewhere; (aire de confinement du cerf de Virginie)

(3)  “area frequented by caribou south of the 52nd parallel” means a site where a herd of at least 50 caribou calves, breeds and feeds during the winter; (aire de fréquentation du caribou au sud du 52e parallèle)

(4)  “caribou calving area north of the 52nd parallel” means a territory frequented by at least 5 caribou cows per square kilometre from 15 May to 1 July; (aire de mise bas du caribou au nord du 52e parallèle)

(5)  “cliff inhabited by a colony of birds” means a cliff, and the cliff top back to a depth of 100 m, where there are at least 10 seabird nests per 100 m of cliff face; (une falaise habitée par une colonie d’oiseaux)

(6)  “habitat of a threatened or vulnerable wildlife species” means a habitat defined by the Regulation respecting threatened or vulnerable species and their habitats (chapter E-12.01, r. 2); (habitat d’une espèce faunique menacée ou vulnérable)

(7)  “fish habitat” means a lake, a swamp, a marsh, a floodplain delimited by the mean high-water level for a 2-year period or a watercourse, frequented by fish, including the St. Lawrence River and its estuary or any other territory under water situated in the Gulf of St. Lawrence or the Baie des Chaleurs and demarcated on a chart prepared by the Minister; where the limits of a floodplain cannot be established as indicated, they shall correspond to the natural high-water mark; (habitat du poisson)

(8)  “muskrat habitat” means a swamp or a pond at least 5 ha in area, inhabited by muskrats; (habitat du rat musqué)

(9)  “heronry” means a site where at least 5 nests have been used by great blue herons, black-crowned night herons and American egrets during at least 1 of the past 5 nesting seasons, including a strip of surrounding land 500 m wide or, where the layout of the land makes it impossible to extend the strip to 500 m, a smaller surrounding strip; (héronnière)

(10)  “island or peninsula inhabited by a colony of birds” means an island or a peninsula less than 50 ha in area, where there are at least 25 nests per hectare of colonizing bird species other than herons; (île ou presqu’île habitée par une colonie d’oiseaux) and

(11)  “salt lick” means the site of a swamp, spring or body of water, including a strip of surrounding land 100 m wide, that is frequented by moose and contains mineral salts in concentrations greater than 3 parts per million of potassium and greater than 75 parts per million of sodium. (vasière)

O.C. 905-93, s. 1; O.C. 256-99, s. 1; O.C. 951-2001, s. 1; O.C. 733-2004, s. 1; O.C. 721-2011, s. 5.