Background to new Round of RR Advisory Board Meetings —DFO

Race Rocks Marine Protected Area ,  Race Rocks Advisory Board Meeting
September 25, 2009

(Ed note:) This “history and process background “was presented at the Introductory meeting of the Advisory Board in the second round of meetings since the last efforts were abandoned at the impasse after the gazetting of the DFO modified document in October, 2000).
History (as presented by DFO)

  • •Canada’s Oceans Act came into force in 1997
  • •In 1998, the Minister of Fisheries and Oceans announced four “pilot” MPA initiatives, including Race Rocks
  • •Race Rocks meets the criteria outlined in Section 35(1) of the Oceans Act which authorizes the designation of Marine Protected Areas for the conservation and protection of:
  • –endangered/threatened species and their habitats;
  • –unique habitats;
  • –areas of high biodiversity or biological productivity

More history….

  • •Also an opportunity to demonstrate the collaborative approach envisioned for implementation of the 1998 Canada/BC MPA strategy by utilizing complementary legislative instruments to enhance protection of the Race Rocks Ecological Reserve.
  • •The Race Rocks Advisory Board (RRAB) was established in December 1999 to assist DFO and BC Parks with consultations and the development of consensus-based recommendations for  designation and management of the MPA.
  • •Membership included representatives of federal and provincial government (DFO, DND, Parks Canada, BC MELP) Pearson College, non-govt science, ENGOs, recreational fishery, eco-tourism operators, local marina operators
  • •The FN perspective on cultural significance of Race Rocks was provided by Tom Sampson, a member of the Coast Salish Sea Council (but not a member of one of the four FNs claiming Race Rocks as part of their traditional territory)
  • •On March 22, 2000, the RRAB unanimously endorsed a series of recommendations for designation and cooperative management of Race Rocks as a joint federal/provincial MPA to be named X’waYeN (Race Rocks).  The recommendations included a governance model and voluntary compliance/best practices guidelines approach to management of activities within the MPA
  • •On September 14, 2000 the Minister of Fisheries and Oceans and the BC Minister of Environment, Lands and Parks announced their endorsement of the RRAB’s recommendation that RR become Canada’s first Oceans Act MPA.
  • •The draft designation regulation for Race Rocks was pre-published in Part 1 of the Canada Gazette on October 28, 2000.

And that’s where things went sideways..

  • •The chiefs of three of the Race Rocks FNs intervened during the 60 day public comment period, expressing their opposition to the MPA designation, citing inadequate consultation and concerns about possible infringement on their right to fish in the area.
  • •Following a series of bilateral meetings with each FN, DFO was advised by letter of their agreement to move ahead with designation on the condition that management of the MPA would be managed jointly with FNs
  • •DFO then initiated discussions with the FNs on the development of an agreement which would define the governance structure, authorities, roles and responsibilities for cooperative management, consensus framework and provision for advice to Ministers
  • •These discussions evolved into negotiations of a broader agreement for cooperative management of the FN’s Area of Interest
  • (*N.B. see discussion in minutes regarding content of this slide*)

Since then…

  • •Discussions on the MPA were put on hold pending negotiation of the agreement, a process which took approximately two years
  • •Although an agreement was reached in late 2006, it was never signed off as one FN pulled out at the 11th hour
  • •Meanwhile, the Canada Gazette regulatory package expired in 2002
  • •DFO approached individual FNs in early 2008 to determine their interest in pursuing the MPA receiving a positive response
  • •Development of a new agreement with the collective Race Rocks FNs is now underway

Current Status
Contextoceanmaninacan

fed MPA authorities

Provincial & Territorial Protected Areas

Protection Focus Examples
Marine biodiversity through representative ecosystems and special natural featuresTargeted species or populations and their supporting habitat

Habitats and ecosystems supporting rare or at risk species

Preservation of areas with cultural heritage values for recreational, educational, cultural uses

Ecological Reserves, representative natural ecosystems,
for ecological, research and education purposes

Preservation of areas established under a First Nation Final agreement for social, ceremonial and cultural uses

Provincial ParksMarine Parks

Conservancies

Special Management Areas

Natural areas
– Ecological Reserves
– Protected Natural Areas
– Nature / Conservation reserves

Wildlife Management Areas
Wildlife Reserves
Wilderness Areas

 

 

Current Status

Currentstatus DFO

 

 O and Firstnat

MPA Designation Process
MPA designation

BoundaryMPAmap2009

Timelines

  • •DFO science work to complete overview and conservation objectives (December 2009)
  • •DFO work to develop management objectives (December 2009)
  • •DFO and First Nations signing of Memorandum of Understanding ( December 2009)
  • •Public Advisory Board consultations with stakeholders and the public ( January 2010)
  • •Drafting of regulatory documents for regulatory process (January 2010)
  • •Regulation ready for publishing ( summer 2010)

 Values Discussion

Conservation Values

  • •ECOLOGICAL IMPORTANCE
  • •UNIQUENESS
  • •BIOGEOGRAPHICAL IMPORTANCE
  • •INTERNATIONAL OR NATIONAL IMPORTANCE
  • •VULNERABILITY
  • •PRODUCTIVITY
  • •NATURALNESS
  • •REPRESENTATIVENESS
  • •COMPREHENSIVENESS
  • •ECOLOGICAL IMPORTANCE

For a very small area ( less than 220 hectares), the area has one of the highest levels of biodiversity in Canada’s pacific waters (Draft Science Review – Wright & Smiley). Several ‘endangered’ or “listed species of concern” are found in the waters.

  • •UNIQUENESS

The area represents a distinct turbulent and nutrient-rich regime with an exceptionally broad range of concentrated biodiversity

  • •BIOGEOGRAPHICAL IMPORTANCE

The juncture of bathymetric profile, generous tidal action, previous levels of protection and wide bio-diversity make this area exceptionally rare and unique

  • •INTERNATIONAL OR NATIONAL IMPORTANCE

Race Rocks has potential for consideration by the UNESCO World Heritage List as a site of outstanding universal significance based on its natural heritage values

  • •VULNERABILITY

Relative to other coastal waters, the area is reasonably healthy but vulnerable because of its high concentration of biodiversity in a small area

  • •PRODUCTIVITY

The combination of rocky reefs and strong currents create a very high level of biological productivity and spectrum of biodiversity

  • •NATURALNESS
    Designation as an ecological reserve for more than twenty years, with a high level of stewardship has provided a good level of protection from all major forms of human-induced alterations.
  • •REPRESENTATIVENESS

Highly representative of a marine ecosystem in the southernmost waters of western Canada and contains rare and endangered species

  • •COMPREHENSIVENESS

The proposed area ranges from the terrestrial to the depths of twenty fathoms in the subtidal waters, wherein is found the majority of the biodiversity, which has full protection from complementary authorities.

Socio-economic Values
Will be discussed using the input table.

Feeding Sealions bait!!

‘Morning’, ‘clear’, ‘15.0’, ”, ‘10.0’, ‘W’, ‘1\\” swell’

‘Boat’, ’30K2923′, ‘Welcome to the Race Rocks Zoo.\r\nThis boat ambled in safely enough, then proceeded to throw food to the sea lions!  I have a very clear photo of one man throwing what appears to be baitfish into the air and the other man watching it fly.  He proceeded to throw more food until I waved him off.’,Ryan 13:35:49′

rm30K2923_092009a

From boat# 30K2923 an individual throws a baitfish to the sea lions from a few metres off the shore. Needless to say this was a first! Noon, September 20, 2009.

 

Test of AXYS Wind Assessment Technology

In October, 2009, Lester Pearson College had an opportunity to participate in an offshore wind assessment test by AXYS Technologies Inc. in the Strait of Juan de Fuca .

See video of test in Juan de Fuca off Race Rocks

Sidney firm deploys world’s first wind buoy :
Times Colonist,October 28, 2009

rm191009buoydeployed

The Wind Sentinnel deployed at Race Rocks on October 18, 2009 -Estimated duration is Oct. 16 – Nov. 16 (logistics/weather dependant) -Buoy Deployment Location – Lat: 48° 17.606’N Long: 123° 32.370’W -Communications – Buoy: Cellular phone -Communications – land station: Race Rocks LAN wired Ethernet connection

Great Race Rocks was used to host the land station for an offshore buoy which is designed to record  wind speed and direction data profiles up to 200 meters height. It is anchored outside of the Race Rocks Ecological Reserve in the Strait of Juan de Fuca. Data from the buoy is relayed automatically every 10 minutes by cell phone to the instrument trailer on land and is transmitted to the internet through our LAN on Race Rocks

 

 

https://www.racerocks.ca/wp-content/uploads/2009/09/AXYSWindSentinel.pdfLink to this brochure pdf with more specifications. AXYSWindSentinel

We will be able to benefit by adding the information collected to the knowledge base for the reserve. It will also be useful for planning for future sustainable energy applications.Our current wind measurements done by the Davis weather instrument we have installed on the ground level, often show at least a 10 km/h difference in wind velocity when compared with the Environment Canada data from the top of the tower at 36 metres. A set of data with projections to 200 metres will provide an excellent profile for comparisons.

See this sample file on Analyzing the data as an exercise.

Username: windtrial
Password: axyswind
The left hand window shows the station, which if you click on will expand out to show the messages (metocean and Waves) and if you click the + beside these you will get the individual data parameters which you can plot into a graph by selecting the checkbox of the parameter you want to graph and then clicking the Graph icon at the top of that window.

You can also see a table of the data by simply clicking on the message (click on the 1 MetOcean name and a table will appear on the RHS window with all the data)

Return to the Wind as an Abiotic Factor at Race Rocks File

Harbour seal decapitated by boat

Aside

rmboatkillsept1809This fall there seems to be an unusual amount of injuries showing up on the marine mammals: Ryan recorded some of them with images on his Flickr site:

See this link to the log pages with injured marine mammals.

 

This dead harbour seal pup was the first of two found in a single week in the waters near Race Rocks. A boat traveling at great speed decapitated this animal and left another slice on the neck in the tell-tale pattern of propeller wounds. Remember Buster?:

He has not been seen in weeks.

 

 

Cerorhinca monocerata: Rhinocerous Auklet -The Race Rocks Taxonomy


This Rhinocerous Auklet was photographed by Ryan Murphy in Race Passage, late September, 2009

Rhinocerous auklet are frequent fall and winter visitors in the waters around Race Rocks. They forage for feed by diving in groups. The pictures above are of the same group, shown in different positions . Click for enlarged version
Domain Eukarya
Kingdom Animalia
Phylum Chordata
Sub-Phylum Vertebrata
Class Aves
Order Charadriformes
Family Alcidae
Genus Cerorhinca
Species monocerata
Common Name: Rhinocerous Auklet

Other Members of the Class Aves at Race Rocks.

taxonomyiconReturn to the Race Rocks Taxonomy
and Image File
April 2009 Raisa Mirza

Melibe leonina: Hooded nudibranch–The Race Rocks Taxonomy

melibe3This is a hooded nudibranch (Melibe leonina)… a predatory sea slug that ‘swims’ more often than it crawls. The front end (on the right) has rounded sensory organs called rhinophores that look a bit like elephant ears. In the other picture you can see the head has a big mouth and that can expand to capture all sorts of little critters. The branching structures are ramifications of the digestive system (hepatic diverticula).

melibe1

Melibe leonina photo by Ryan Murphy

 

View  other underwater images at Ryan’s Flickr site.

melibe2

Melibe leonina photo by Ryan Murphy

Domain : Eukarya
Kingdom: Animalia
Phylum: Mollusca
Class: Gastropoda
Subclass: Opisthobranchia
Order: Nudibranchia
Superfamily: Tritoniodea
Family: Tethydidae
Genus: Melibe
Species: leonina Gould, 1852
Common Name: Hooded Nudibranch

Other molluscs at Race Rocks

taxonomyiconReturn to the Race Rocks Taxonomy and Image File
pearsonlogo2_f2The Race Rocks taxonomy is a collaborative venture originally started with the Biology and Environmental Systems students of Lester Pearson College UWC. It now also has contributions added by Faculty, Staff, Volunteers and Observers on the remote control webcams. Ryan Murphy

Alaria nana: Brown Algae – Race Rocks Taxonomy

Photos by Ecoguardian Ryan Murphy

Phylum: Phaeophyta
Class: Phaeophyceae
Order: Laminariales
Family: Alariaceae
Alaria nana (Schrader)

Description: The plant is olive brown to yellowish-brown in colour with a conspicuous blade (eroded at maturity), stipe, and holdfast. The holdfast is made up of short, firm root-like structures and is 3-7 cm. long, 5-8 mm. in diameter, merging into a slightly compressed rachis 2-4 cm. long. The rachis in turn merges into the blade, which is linear, tapering gradually to the apex and abruptly to the rachis; the blade is 40-60 cm. long and 3-8 cm. wide with a conspicuous, solid percurrent midrib 4-6 mm. wide.

Habitat: On rocks in the middle and upper intertidal zones in exposed areas.

Pacific Coast Distribution: Alaska to California.

Robert Scagel, 1972
See all Phaeophytes in the Race Rocks Taxonomy

taxonomyiconReturn to the Race Rocks Taxonomy and Image File
pearsonlogo2_f2The Race Rocks taxonomy is a collaborative venture originally started with the Biology and Environmental Systems students of Lester Pearson College UWC. It now also has contributions added by Faculty, Staff, Volunteers and Observers on the remote control webcams. Ryan Murphy PC yr 26

 

Race Rocks Public Advisory Board Draft terms of reference/Draft version 1

Race Rocks Public Advisory Board Draft Terms of Reference

Note : May 2010–DFO has replaced this draft version by the one that was linked here.

1. Introduction:

Section 35 (1) of the Oceans Act provides the authority for the nomination or recommendation and establishment of Marine Protected Areas (MPAs). An MPA may only be established for one or more of the following reasons. The conservation and protection of:

Commercial and non-commercial fisheries, including marine mammals and their habitats;

Endangered or threatened species and their habitats;

Unique habitats;

Marine areas of high biodiversity or biological productivity; or

Any other marine resource of habitat as is necessary to fulfill the mandate of the Minister of Fisheries and Oceans.

The Race Rocks marine area has been recommended as a Marine Protected Area of Interest for a number of reasons. As a transition zone between the Pacific Ocean and coastal waters, the area is renowned for its exceptional diversity of marine life. It is an area of high biodiversity and biological productivity. It is important habitat for marine mammals and the area provides habitat for threatened species.

From a First Nation’s perspective the area has cultural significance with respect to traditional use and management of the area’s resources. There is recognition that, should a Marine Protected Area be established, the Government of Canada as represented by DFO will work cooperatively with the First Nations in the care and management of the MPA towards a common vision for the MPA.

The Race Rocks group of islets and submerged land was designated as an Ecological Reserve in 1980 under the province of British Columbia’s authority and a cooperative management relationship has been developed with Lester B. Pearson College of the Pacific. DFO and BC Parks, in collaboration with First Nations, stakeholders and the public, are aiming to develop further management strategies to support conservation objectives for the area. To aid in this purpose the Race Rocks Public Advisory Board (RRPAB) has been convened with representation from a number of stakeholder groups and levels of government.

2. Purpose:

The Race Rocks Public Advisory Board has been established to enable a Marine Protected Area designation under the Oceans Act at Race Rocks. The terms of reference have been developed to clarify the objectives, process, role and conduct of the Advisory Board.

3. Objectives:

The Race Rocks Public Advisory Board will:

provide a forum for consultation and deliberation among its participants as a source of consensus-based advice to BC Parks and DFO. Such consensus advice shall fairly represent the collective and individual views of the RRPAB members and the constituencies they represent.

delineate geographical boundaries of the proposed MPA to achieve objectives

provide advice to DFO on the consultation process

collate, analyze and summarize feedback from consultations

provide advice on the issues and activities that may have an impact on the ecological components of the MPA

ensure community involvement in the establishment of Race Rocks MPA

4. Participation, Roles and Responsibilities:

Participants:

The Race Rocks area is of interest to a wide range of constituents representing a broad spectrum of activities. The RRPAB represents a reasonably comprehensive cross-section of interest groups and activities. The RRPAB shall be comprised of, but not limited to, representatives from the following groups:

Fisheries and Oceans Canada

BC Parks

Parks Canada Agency

First Nations

Department of National Defence

Lester B. Pearson College

Sports Fishery Advisory Board

Whale Watchers Operators Association

Scientific Community

Dive Community

Georgia Strait Alliance

Friends of Ecological Reserves

Canadian Parks and Wilderness Society

Local Marina Operators

If a member/participant is unable to attend a scheduled Board meeting, they may invite an alternate from their constituency. Participants are encouraged to invite other members of their groups to attend RRPAB meetings, with prior notification of the Chair and subject to space limitations.

Roles and Responsibility of Advisory Board Participants:

The RRPAB shall act solely as an advisory body to BC Parks and Fisheries and Oceans Canada. Nothing in these terms of reference constitutes authority to perform operational or management functions, or to represent or make decisions on behalf of BC Parks or DFO.

Participants on the Race Rocks Public Advisory Board are encouraged to:

Openly provide information on their activities and the activities of the constituents they represent within and surrounding Race Rocks

actively participate in discussions

share airtime with others

offer respect for different viewpoints and attention when others are speaking

ask questions for clarification and mutual understanding

verify assumptions

deal with differences as issues to be discussed, not positions to be defended

refrain from distracting others through side conversations, cell phones off

make a best faith effort to work toward an agreement at the table

wherever possible ensure that agreements developed are acceptable to the organizations, agencies or constituents that you represent

maintain dialogue with your constituency regarding the activities and discussions of the Race Rocks Public Advisory Board

refer media contacts regarding the activities of the Board to the Chair/facilitator. Board members can speak on behalf of the Board not on the behalf of individual members.

5. Process:

Recommendations by the RRPAB will be made through a consensus-based process. The intent of this process is to provide the opportunity for all parties to participate in a manner which responds to their interests. If issues arise, whenever possible, recommendations supported by consensus as opposed to being unilaterally imposed.

Consensus shall mean the “general agreement of all participants on a package of recommendations” and shall embody the following concepts:

Consensus does not mean total concurrence on every aspect of a decision, but all participants must be willing to accept the overall decision package.

If a participant withholds agreement on an issue(s), that participant is responsible for explaining how their interests are adversely affected or how the proposed agreement fails to meet its interests. The participant withholding agreement must propose alternatives and other participants must consider how all interests may be met.

Once consensus is reached on the overall package of advice, it is assumed to be binding (Cormick et al. 1996).

If consensus is not achieved through this process, each participant will exercise their rights, responsibilities, and mandates as they see fit — unfettered as to statutory decision-making responsibilities and without prejudice to their rights and obligations by reason of having participated in the process.

6. Meetings:

Meetings will be held periodically to assess and evaluate RRPAB’s activities and input. The chair / facilitator will be responsible to call meetings as interest or issues develop. RRPAB members are also able to call a meeting if a topic has to be addressed.

7. Deliverables:

The RRPAB will deliver recommendations to BCParks and DFO related to the designation of the MPA, with respect to the conservation objectives, the management objectives, monitoring, enforcement, public education and awareness and other MPA-related activities.

8. Timeline:

It is expected that the Race Rocks Advisory Board, as outlined by these terms of reference, will complete the tasks described by 31 March, 2010.

9. Responsibilities of Fisheries and Oceans Canada and B.C. Parks:

Fisheries and Oceans Canada and B.C. Parks support the sharing of information and dialogue from the consultative process. Representatives from the respective departments on the Race Rocks Public Advisory Board will endeavour to fairly represent the management recommendations developed by the Race Rocks Public Advisory Board. B.C. Parks and Fisheries and Oceans Canada will review the recommendations of the Advisory Board and consider those recommendations when developing criteria for the designation and management of Race Rocks Marine Protected Area.