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Category Archives: DFO

DFO Marine Mammal Viewing Regulations

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This post describes the history leading up to the updating of the DFO Marine Mammal regulations of the Fisheries Act in Canada. It is my observation that even with clear recommendations leading up to the rewriting of the act, there is no  evidence that marine mammal viewing regulations have been included in the Act.

1. The current statement from DFO on Marine Mammal Viewing guidelines is available at :
http://www.pac.dfo-mpo.gc.ca/fm-gp/species-especes/mammals-mammiferes/view-observer-eng.html

2. The DFO  Regulations Amending the Marine Mammal Regulations are archived here: http://gazette.gc.ca/rp-pr/p1/2012/2012-03-24/html/reg2-eng.html

3. The Marine Mammal regulations ( Whale watching Provisions) are found here:
http://www.dfo-mpo.gc.ca/acts-lois/rules-reglements/rule-reglement05-eng.htm

4. The Marine Mammals Regulation Act is located here:
http://laws-lois.justice.gc.ca/eng/regulations/SOR-93-56/FullText.html

HISTORY:

Amendments to the DFO guidelines on Marine mammal viewing were made after public consultations in 2002-  2003:
From the Pacific Consultations Summary of March 2003 The following section 5.3 ,
Regulation of Commercial Marine Mammal Viewing Businesses is quoted here in its entirety:“A large majority of the feedback supported the implementation of specific measures pertaining to the marine mammal viewing industry, but questions were raised on the inherent problems of: funding, education, enforcement/monitoring, management and control of operators. It was stated that any actions taken would be positive and in turn creates accountability within ecotourism and could provide an opportunity to educate all mariners on ethical viewing practices and species behaviours. It was questioned on how DFO will define a vessel is being used for marine mammal viewing and how DFO will verify/enforce this in regards to commercial or recreational vessels. It was mentioned by one person that those vessels already are defined under the Canada Shipping Act as passenger vessels and that those over 15 tons already pay a marine service fee to DFO. A concern was raised that regulations will be looked at by the marine passenger industry as a cash-grab but that any revenue generated should be used to enhance marine mammals habitats for future generations.
The definition of commercial marine mammal operator or vehicle should also include aircraft and be worded to include anyone with specific intent to receive an income/fee from viewing marine mammals in their natural habitat and should embody profit and not for profit ventures. An example of an in-depth definition has been taken from one of the workbooks.
“A commercial marine mammal viewing vehicle is one that carries paying passengers and changes course to approach rather than avoid marine mammals, or cause marine mammals to approach it. This is intended to exclude vessels that transit through an area while on other business, unless they advertise marine mammals viewing or other roughly synonymous activity (e.g. wildlife viewing). This would include fishing charter vessels that opportunistically approach mammals (even though their primary activity is unrelated). This would exclude passenger ferries and cruise ships that never change course, but include such vessels that sometimes change velocity to better observe marine mammals. A commercial person, business, or non-profit organisation that owns a marine mammal viewing vehicle, or is employed by, contracting with or volunteering for an owner.”
Licensing as a regulatory measure for commercial whale watching operators was generally accepted by respondents. It was seen as a useful tool, provided that the fee charged is not prohibitive and terms are equitable. The one fee structure that was provided by an individual was that the license fee should be $1000 for each power vessel and $100 for any business advertising marine mammal watching as part of a tour package i.e.: kayak tours. Some concerns were raised regarding licensing being instituted only as an income-generating tool. It was pointed out that the monitoring of commercial operators is already being done by M3 and Soundwatch and it was questioned as to what specific benefits to marine mammals could be identified with regulating the commercial whale watching industry.
Operator licensing needs to be regional i.e. coastline specific and a question was raised as to whether the regulations should include USA craft in Canadian waters. The benefits of licensing given in the workbooks were many. The use of permits or licenses would be helpful in managing the industry and to give an accurate account of how many vessels/companies are participating in this activity. It would also be an informational tool for mandatory data collection (days at sea, number of passengers, number of and location of marine mammal sightings) which could help determine potential effect on species. Other benefits would be that operators can be contacted easily with changes and can provide education to people and communities to help in conservation and be included as a group in management process/discussions. It was suggested by some that all operators and staff should fulfill a minimum training course in marine mammal identification and behaviour, which would include different scenarios on marine mammal encounters followed by an examination. Upon completion of the training, it was suggested by one individual that an Ethical Certificate of Operation could then be issued giving a “Whale of Approval” for the operator. It was felt that any revenue generated should be used to fund conservation and research projects, to aid in enforcement and monitoring and for the creation of education tools and programs.
It was suggested that the number of licenses should be limited in order to keep the industry at a sustainable level with licenses issued either annually or for a set time period of perhaps 2-5 years with reapplication at the end of the term. This would solve the problem of “weekend viewing vessels” that do not declare themselves. A provision should be made by the DFO that if standards are not met, the license can then be revoked or fines instituted.
The feedback regarding commercial operator viewing restrictions had three separate viewpoints. One group felt that restrictions should be the same for all to be fair, otherwise it would lead to injustices, be hard to enforce and that the industry could lead by example and help enforcement by policing other boaters and noting violators by name or registration of vessel. While others felt that, since the industry is directly benefiting in a monetary way, they should have more restrictions and pay a higher fee that would then go towards research/protection/conservation programs and education. Thirdly, other comments suggested different restrictions because commercial operators are viewing marine mammals for extended periods of time while the public and other stakeholders view for shorter periods of time.
Additional comments regarding commercial licensing stressed that it would be hard to enforce and how will DFO determine who should be licensed? i.e.: Commercial sport fishermen and dive operators. Also, some form of easy identification of vessels by the monitors is required so that names/numbers that can be seen easily to report infractions.”From the Victoria meeting Section 4.4 contains the following statement: Continue reading →

News Coverage : Race Rocks Advisers push for Protection

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Murray Sager photo. Murray Sager is the relief caretaker of the Race Rocks lighthouse facilities. House, tower and generator building.

Murray Sager photo. Murray Sager is the relief caretaker of the Race Rocks lighthouse facilities. House, tower and generator building.

This column appeared originally in the Times Colonist
at: http://www.timescolonist.com/travel/Race+Rocks+advisers+push+protection/5275593/story.html

RACE ROCKS ADVISERS PUSH FOR PROTECTION: The Victoria Times Colonist August 18, 2011
After more than a decade of talks, the water around Race Rocks remains without federal protection. Now a push has begun to persuade Fisheries and Oceans to step back and allow Parks Canada to manage the Salish Sea from Race Rocks to Gabriola Passage.

The Race Rocks Advisory Board, a reincarnation of a board which sat between 1999 and 2002, was disbanded in March (2011) and some members have little faith that DFO can push an agreement to create and fund a marine protected area.

Angus Matthews, executive director of Shaw Ocean Discovery Centre in Sidney, who sat on both advisory boards, is fed up with fragmented jurisdictions and the lack of progress. He fears that, if agreement is reached, the proposal could derail when it reaches Ottawa, as happened in 2000.

“Most people are shocked that Race Rocks is not protected,” said Matthews, who is about to look for support from the Discovery Centre’s 17,000 members. “The public expects more from government and the ocean needs more. Race Rocks is the porch-light of the Salish Sea.”

Concerns include negotiations with First Nations, which, unlike the first round, are in secret, and questions about what benefits DFO is willing to bring to the table.

Dan Kukat, president of the Pacific Whale Watch Association, who has sat on both boards, said DFO is doing nothing to better protect Race Rocks. “It will only create more confusion and paperwork and red tape, and it could be detrimental to the area,” he said. “The Canadian taxpayer has paid $273,000 for consultations that have produced very little.”

The hodge-podge of protection now in place for the rocky islets and lighthouse, one nautical mile off the southern tip of Vancouver Island, includes a provincial ecological reserve designation, which covers the land, ***federal ownership of the lighthouse building,*** some fishing closures and a resident eco-guardian paid for by Lester B. Pearson United World College of the Pacific.

It is vital to have a physical presence on the rock, but DFO is not offering to pay for the eco-guardian, said Matthews. He added that DFO seems unwilling to take on other federal department issues, such as Department of National Defense explosions and dumping of ballast water by freighters.

Glen Rasmussen, DFO oceans co-ordinator, said consultations with First Nations have not finished and, once completed, regulations have to be developed. “We are still targeting to have those published and in place by the end of March,” he said. “But we still have some hurdles to go and I’m not saying it’s a done deal at all.”

The advisory group was disbanded because consultations were complete, but a public advisory board will be re-established once the marine protected area becomes a reality, he said.

So far, on the Pacific coast, Endeavour Hydrothermal Vents and Bowie Seamount are designated marine protected areas and Parks Canada, in partnership with the Haida Nation, has designated water around Gwaii Haanas as a national marine conservation area.

Hecate Strait sponge reefs are going through the process to make them marine protected areas and Parks Canada is working on the southern Strait of Georgia as a national marine conservation area. Parks Canada would be interested in expanding to Race Rocks but, for the moment, such a move is probably not practical, said Richard Carson, Parks Canada’s national marine conservation area director.

“The notion of going bigger is appealing and it’s sorely tempting to dream that dream, but we need to be realistic about what we can achieve. “We have to be realistic about how big a bite we can chew,” Carson said.

Once the southern Strait of Georgia national marine conservation area is established, it is possible that expansion around the southern tip of the Island would be considered, Carson said.

Both marine protected areas and national marine conservation areas have the same objectives of marine protection while allowing multiple uses, but have different management styles.

jlavoie@timescolonist.com
© Copyright (c) The Victoria Times Colonist
*** There is some misunderstanding in regards this statement above , since the island and its contents are more likely provincially owned since the Colonial Government transferred ownership to the province when BC entered confederation. Further clarification on this issue is being sought;
Also see DFO announcement on selling off its lighthouses:

GF 2011.

Lighthouse team disputes right to sell Race Rocks

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Lighthouse team disputes right to sell Race Rocks operators say beacons not owned by federal government


BY AMY MINSKY, POSTMEDIA NEWS DECEMBER 24, 2010 
The 150-year-old tower at Race Rocks is among nearly 1,000 lighthouses and light stations under threat.
Photograph by: BRUCE STOTESBURY, Timescolonist.com

OTTAWA — With the federal government preparing to sell almost 1,000 lighthouses across the country, the group overseeing operations at the beacon on Race Rocks, off Vancouver Island, says many are not the government’s to sell.
At issue is who holds the rights to the land — the respective provinces or the federal government.
The lighthouse at Race Rocks, one nautical mile below the southernmost tip of the Island, was built by the Royal Navy in 1860.
It has been listed as “for sale” since June, when the government designated it and the others as surplus property. The tower stands on a rock within an island that is part of a provincial ecological reserve.
While the tower is owned and operated by the Canadian Coast Guard, the land on which it sits is not federal property, a spokesman for the province said Thursday. “The land occupied by the lighthouse on Race Rocks is provincial land, which is under a transfer, or lease, to the federal government for lighthouse purposes,” said Dan Gilmour, a spokesman for B.C.’s environment ministry.
In a letter to the Race Rocks team after the lighthouse was designated surplus property, Gilmour’s colleague, Doug Biffard, said he had received notice from the federal government indicating it was aware of the quandary.
“The Department of Fisheries and Oceans and the coast guard know that they cannot enter into any arrangement to sell, lease or otherwise tenure out, most of the lighthouses in B.C. because the land is under provincial ownership,” the letter said.
Last summer, the federal DFO published a catalogue of 975 surplus properties following the coast guard’s assessment of all the lighthouses it operates.
The list contains at least one from every province except Saskatchewan. To save the lighthouses listed as surplus, a community or group must agree to take on the maintenance of the site, but the federal government would continue to operate and maintain the lighthouse.
The government was criticised when the listing became public in June. Many groups said it undermined the Heritage Lighthouse Protection Act, which had come into force days earlier. The act was designed to ensure the federal government preserved historically significant lighthouses, rather than leave them abandoned.
Those feelings were echoed by the chairman of the Senate committee on fisheries and oceans, Liberal Sen. Bill Rompkey.
This week, the committee released the first of two reports on lighthouses.
When the committee toured the country and hosted discussions on the future of lighthouses, it heard from some of the stakeholders at Race Rocks, including Garry Fletcher, B.C. Parks Ecological reserve warden.
“It would defy logic to see how the federal government could sell a property owned by the province,” Fletcher said.
© Copyright (c) The Victoria Times Colonist

Feds’ lighthouse sell-off program hits dark patch

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Feds’ lighthouse sell-off program hits dark patch

 By Amy Minsky, Postmedia News December 23, 2010  

The lighthouse at Carmanah Point, southeast of Bamfield along the West Coast Trail, is one of the few remaining staffed lighthouses in B.C. Letter-writers say manned lighthouses have a long history of providing aid to mariners in trouble.

Photograph by: Darren Stone, Times Colonist, Times Colonist

OTTAWA: The federal government has been preparing to sell almost 1,000 lighthouses peppered across the country.

But many of those beacons aren’t the government’s to sell, says the group overseeing operations on an island in British Columbia where one of those lighthouses sits.

At issue is who holds the rights to the land : the respective provinces or the federal government.

The lighthouse at Race Rocks is located one nautical mile below the southernmost tip of Vancouver Island, and was built by the Royal Navy in 1860.

It has been listed as “for sale” since June, when the government designated it and the others as surplus property.

The light tower which harbours an automated light and a foghorn stands on a small rock within an island that is part of a provincial ecological reserve.

And while the tower itself is owned and operated by the Canadian Coast Guard, the land on which it sits is not federal property, a spokesman for the province said Thursday.

“The land occupied by the lighthouse on Race Rocks is provincial land, which is under a transfer, or lease, to the federal government for lighthouse purposes,” said Dan Gilmour, a spokesman for B.C.’s environment ministry.

In a letter sent to the team at Race Rocks shortly after the lighthouse was designated surplus property, Gilmour’s colleague, Doug Bifffard said he had received notice from the federal government indicating it was aware of the quandary.

“The Department of Fisheries and Oceans and the Coast Guard know that they cannot enter into any arrangement to sell, lease or otherwise tenure out, most of the lighthouses in B.C. because the land is under provincial ownership,” the letter said.

Last summer, the federal Fisheries Department published a catalogue of 975 surplus properties following the coast guard’s assessment of all the lighthouses it operates.

The list contains at least one from every province except Saskatchewan, and includes some iconic structures, such as those at Peggy’s Cove, N.S. and Cape Spear, near St. John’s, N.L.

To save the lighthouses listed as surplus, a community or group must agree to take on the maintenance of the site, but the federal government would continue to operate and maintain the lighthouse, itself.

The government took some heat for the move when the listing became public in June. Many groups said it undermined the Heritage Lighthouse Protection Act, which had come into force days earlier, at the end of May.

The act was designed to ensure the federal government preserved historically significant lighthouses, rather than leaving them abandoned and left to crumble.

Those feelings are being echoed by the chair of the Senate committee on fisheries and oceans, Liberal Senator Bill Rompkey of Newfoundland and Labrador.

“We were disappointed and surprised that the coast guard had made so many lighthouses surplus,” he said. “It really defeats the purpose of the act.”

The committee this week released the first of two reports it is issuing as part of its wide-reaching study of Canadian lighthouses.

The second report, set to be released this spring, will focus on the heritage aspect of the country’s lighthouses, Rompkey said.

One issue the committee will examine closely is how much time a community group has to assume responsibility of any given lighthouse, Rompkey said. As it stands, groups have two years from the day the act came into force.

“We feel they really should revisit that part, at least,” he said.

When the committee was touring the country and hosting discussions on the future of lighthouses, it heard from some of the stakeholders at Race Rock, including Garry Fletcher, BC Parks Ecological reserve warden.

“In my opinion, it would of course, defy logic to see how the federal government could sell a property owned by the province,” he said. “And we conveyed this sentiment when we attended the Senate meetings in Victoria.”

© Copyright (c) Postmedia News

Groups Struggle to Save Lighthouses

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By Vivian Moreau – Victoria News
Published: November 10, 2010 3:00 PM
Updated: November 15, 2010 1:54 PM

Growing up in B.C. lighthouses, Alanny Brutton learned to help her mom and dad with their lightkeeper duties.

In 1970, two years after the family moved to Sheringham Point lighthouse, west of Sooke, a call came in from Victoria Air Marine Radio (a weather watch run by the Coast Guard at the time) while Brutton’s parents were visiting neighbours. There was a report of a boat fire on the water and the operator asked the 14-year-old girl to take a look. She picked up binoculars.

“I couldn’t see a boat, but could see a fire on land,”she recalled this week, pointing across the Strait of Juan de Fuca to the Olympic Peninsula as she stood uphill from the lighthouse. “I gave him the best co-ordinates I could.”

It was a house fire, she learned the next day when the dispatch centre called back.

“They told my dad ” Wow, she pinned that almost to the foot.'”Her directions helped firefighters locate the burning house.

Today Brutton is part of a volunteer group working to preserve the light tower as a heritage site, through a federal Heritage Light Preservation Act passed in May. They’ve collected $250,000 so far to purchase the land, if necessary, and are in discussions with the Capital Regional District and T-Souke First Nation on a potential three-way partnership to protect Sheringham Point lighthouse and operate it as an education centre.

“We want to preserve and protect this, to make it accessible to people who want to come and use it, to not have it fenced in.”

But because of confusion around the Act it could be many more years before the Sheringham Point Lighthouse Preservation Society can put its plans into action.

Introduced by retired senator Pat Carney, the HLP Act has a mandate to identify and designate federally owned lighthouses that qualify for heritage status and to ensure they be maintained, preferably by community groups.

Carney is livid, however, that the Department of Fisheries and Oceans Canada issued a list earlier this year of lighthouses it says are surplus. The department’s website states the stations “could be replaced with simpler structures whose operation and maintenance would be more cost-effective.”

In order to be considered for heritage status, Carney points out, a lighthouse must belong to the feds at the time of application.

“Once a surplus light has been divested, it'[s no longer a federal light and doesn’t qualify for a heritage protection,”she said, speaking from her home on Saturna Island. “DFO has torpedoed the Act by putting (lighthouses) on a real estate list.”

The federal agency says it is only doing what the Act requires of it.

“DFO is complying fully with its responsibilties under the legislation,”spokesperson Nathalie Trepanier said in an e-mail. “This included the requirement to publish a list of all lighthouse properties deemed surplus to operational requirements, which was required under Section 8(1) of the Act.”

There is a process for community groups like the Sheringham society and individuals to petition Parks Canada – the federal body looks after heritage lighthouses, such as Fisgard – to have lighthouses considered for heritage designation through the Act.

Carney fears people will be frightened off by the complicated process. That’s what happened to Victoria resident Jeff McKay. A month ago McKay, who works in the marine industry, called up Fisheries and Oceans Canada about three properties on its lighthouse surplus list: Discovery Island off Oak Bay, the Ogden Point Breakwater and Race Rocks.

He found out that the breakwater shouldn’t have been on the list “ it’s actually owned by the Greater Victoria Harbour Authority. And although the other two properties are available, McKay was warned it could take years to acquire them because any sale must be vetted by local First Nations.

“Basically, it was so complicated I just walked away from pursuing it,”he said.

Brutton says community groups should step forward to pursue heritage designation for significant lighthouses.

“They should sit down as soon as possible with government and make their intent known. Don’t just go to the regional district. Go to your MP, your mayor, to all levels at the same time and get them on board with you.”

From a road above it, she looks toward Sheringham Point lighthouse surrounded by chain link fence.

“It depends on the government now, when it (the lighthouse) will be released and to who and how.”

vmoreau@oakbaynews.com
Find this article at:
http://www.bclocalnews.com/vancouver_island_south/victorianews/community/107075928.html
© Copyright Black Press. All rights reserved.

The 150-year-old tower at Race Rocks under threat

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Senators ‘just want to get the facts’

By Sandra McCulloch, Times ColonistNovember 12, 2010

The 150-year-old tower at Race Rocks is among nearly 1,000 lighthouses and light stations under threat.

Photograph by: Bruce Stotesbury, Times Colonist, Times Colonist

Senators examining the proposed destaffing of lighthouses insist they want to hear from all sides when they visit Vancouver Island next week.

The members of the Standing Senate Committee on Fisheries and Oceans aim to hand its report and accompanying recommendations to federal Fisheries Minister Gail Shea by the end of the year.

In 2009, Shea announced lightkeepers would be eliminated. But a public outcry prompted her to ask the senate committee to investigate and make recommendations.

The senators will visit the west coast Nov. 16-20. But its appointment-only format has left some people concerned that only select parties are being heard.

“The senate committee’s schedule does not include any public meetings where B.C. residents can tell the senators what they think about eliminating lightkeepers from B.C.’s 27 remaining staff lightstations,” the Canadian Lightkeepers Association. Its comments came in a press release titled “B.C. public shut out of lighthouse hearings.”

Senator Dennis Patterson, deputy chairman of the committee, said the press release is an example of the misunderstandings over the visit and added that the senators wanted to meet as many people as possible.

“I know there has been some concern about this format, that we’re cherry-picking witnesses, and I want to assure you this is not the case,” Patterson said.

“We’re very open to hearing all points of view. We just want to get the facts.”

Financial constraints prohibit the senate from holding full-blown public hearings here, Patterson said. Instead, the committee will hold “fact-finding” sessions around kitchen tables, at lighthouses and in places like council chambers, said Patterson.

The format can be less intimidating than formal hearings, he said.

“In my opinion [it] can work very effectively,” he said. “You can sit around a table and have an informal exchange of views. We want to hear from the maximum number of people in an informal way.”

With a deadline of Dec. 31, there is a sense of urgency, Patterson said. Last week, he canvassed public opinion in Newfoundland and Labrador.

“The destaffing question we feel is most urgent — it has evoked a lot of concern on both coasts,” said Patterson.

The committee has already heard from representatives of the Coast Guard, the Canadian Lightkeepers Association and others who have testified in Ottawa.

Former senator Pat Carney, who opposes destaffing lighthouses, is scheduled to testify in Ottawa on Nov. 23.

The public hearings have a place in the system, said Patterson, “it’s just that we’re not able to take the show on the road for financial reasons.”

The committee expects to visit 10 to 12 lighthouses on the west coast and meet people in Victoria, Nanaimo, Campbell River, Prince Rupert and Vancouver.

The senators represent both sides of the house and there is no hidden agenda, Patterson said.

“Senate committees, I believe, have a reputation for doing good work and being independent,” he said.

Anyone wishing to address the committee should contact its clerk, Danielle Labonte, at 613-949-4379. The committee’s email is fish-pech@sen.parl.gc.ca.

smcculloch@timescolonist.com

© Copyright (c) The Victoria Times Colonist

Lighthouses Part of Canada’s Culture :

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.bclocalnews.com/

Opinion Column : Goldstream Gazette: Lighthouses Part of
Canada’s Culture : November 11, 2010
Lighthouses part of Canada’s culture
Published: November 11, 2010 1:00 PM
Updated: November 11, 2010 1:41 PM
Its easy on southern Vancouver Island to allow lighthouses to become part of the scenery. Unless one is a boater, a person may simply take the presence of these light stations for granted.

But there is a certain romance with lighthouses. They are a part of our history, a slice of coastal living that we envision as part and parcel of experiencing the rugged life of a maritime resident.

A Senate committee is further looking into whether Canada’s 51 remaining stations with lighthouse keepers need to be staffed.

No one would argue that having a live set of eyes available with the ability to take action in the event of a crisis isn’t critical at times.

On the other hand, technology has improved since the first lighthouses were installed along our coastlines. The notion of setting up a series of cameras, perhaps linked to satellites, to monitor the waters off Vancouver Island, for example, doesn’t seem like such an out-of-this-world solution.

But what of the actual light stations?

The revelation that the federal government has listed the majority of Canada’s lighthouses as surplus had many Canadians collectively raising their eyebrows.

It’s easy to envision high rollers buying the land cheap and erecting pricey spa-lodges on prominent waterfront properties currently anchored by lighthouses.

But is that what we want to see?

Other coastal communities and jurisdictions, the state of Oregon for example, have created successful models for saving these picturesque and culturally significant icons and utilizing them in a different way. Cultural tourism, facilitated by community groups and other agencies, could be the answer for saving the lighthouses of Canada’s Pacific Coast.

The federal government, if it chooses to divest itself of these assets, must commit to work with interested groups to enhance the viability of lighthouses, either as working navigational aids, tourist attractions or both.

Once they’re gone, they’re gone forever.

This article was originallyfound at:
http://www.bclocalnews.com/vancouver_island_south/goldstreamgazette/opinion/107312893.html
now discontinued.

Terms of Reference on DFO website May 2010

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Race Rocks Public Advisory Board
Terms of Reference
Introduction:
Section 35 (1) of the Oceans Act provides the authority for the designation 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.

DFO is considering designating the Race Rocks marine area as an MPA 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.


The area has cultural significance to local First Nations. There is recognition that, should a Marine Protected Area (MPA) 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 legislative authority. A cooperative management relationship with the Province 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.


Purpose:
The purpose of the RRPAB is to provide advice to DFO regarding a Marine Protected Area designation under Canada’s Oceans Act at Race Rocks. These Terms of Reference have been developed to clarify the objectives, role and conduct of the RRPAB and its role in the consultation process for the consideration of Race Rocks as a MPA.
Once Race Rocks has been designated as an MPA the RRPAB will be disbanded. A post-designation advisory body will be established to provide advice to DFO on management of the Race Rocks MPA. A new Terms of Reference will be developed for the post-designation management advisory body.


Objectives:
The Objectives of the RRPAB are:
Provide a process for parties to exchange views and provide advice to DFO regarding the establishment of the MPA.
Ensure effective engagement from key stakeholders and community members on planning of the MPA.


Participation, Roles and Responsibilities:
In order to achieve its objectives, the RRPAB will perform the following tasks

  • provide a forum for consultation and deliberation to develop consensus-based advice to DFO. Such consensus advice shall represent the collective and individual views of the RRPAB members and the constituencies they represent.
  • delineate geographical boundaries of the proposed MPA to achieve its objectives
  • collate, analyze and summarize feedback from consultations
    provide advice to DFO on the issues and activities that may have an impact on the ecological components of the proposed MPA
  • ensure community involvement in the establishment of the proposed MPA


Participants:
The Race Rocks area is of interest to a wide range of constituents representing a broad spectrum of activities. The RRPAB represents a 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
Education/Outreach Community
Recreational Fisheries
Marine Wildlife Viewing
Research Community
Recreational Diving
Environmental Non-Government Organisations (ENGO)
Recreational Boating
Conservation Stewardship
All representatives must identify a lead participant and alternate. If a participant is unable to attend a scheduled RRPAB 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 to DFO and subject to space limitations.
DFO may consider additional RRPAB members by written request from interested participants. All RRPAB members must agree to adhere to these terms of reference.


Roles and Responsibilities of Advisory Board Participants:


The RRPAB shall act solely as an advisory body to DFO. Nothing in these terms of reference constitutes authority to perform operational or management functions, or to represent or make decisions on behalf of DFO.
Participants on the RRPAB will:

  • openly provide information on their activities and the activities of the constituents they represent within and surrounding Race Rocks
  • actively participate in discussions
  • encourage all participants to contribute to discussion equally
  • 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 the participant represents
  • maintain dialogue with constituencies regarding the activities and discussions of the RRPAB
  • refer media contacts regarding the activities of the RRPAB to DFO.

Roles and Responsibilities of DFO:
DFO supports the sharing of information and dialogue from the consultative process. Representatives from DFO on the RRPAB will endeavour to fairly represent the recommendations developed by the RRPAB. DFO will review the recommendations of the RRPAB, and take into account those recommendations when considering designation of the Race Rocks MPA. DFO will endeavour to engage other departments and levels of government as appropriate to adequately consider the recommendations of the RRPAB, including BC Parks in relation to their jurisdiction related to the Race Rocks Ecological Reserve.
Process for Formulating Recommendations:
Recommendations by the RRPAB will be made to DFO 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. Whenever possible, recommendations will be 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 recommendation, 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 and/or how the proposed agreement fails to meet their interests. The participant withholding consensus must propose alternatives and the RRPAB must consider the proposed alternative towards considering how all interests may be met.
Once consensus is reached on the overall package of advice, it is assumed to be binding.
If consensus is not achieved through this process, the differing recommendations will be noted in the final recommendations package, clearly identifying the levels of associated support.
Meetings:
Meetings will be held bimonthly to assess and evaluate RRPAB’s activities and input. Dates and locations of meetings will be determined by polls of RRPAB members, to identify the time and place that works best for the majority.
DFO will be responsible for arranging and providing appropriate resources for meetings. Meeting arrangements will include opportunity for RRPAB members to propose meeting agenda items for topics relevant to the RRPAB.

Meeting records will reflect all views and input discussed along with the final recommendation. In the event of a non-consensus recommendation, the record will include dissenting opinions and the rationale.
Deliverables:
The RRPAB will provide recommendations to DFO related to the designation of the MPA.
Timeline:
It is expected that the RRPAB, as outlined by these terms of reference, will complete the objectives described in 2011.

See the original terms of reference in September 2009 here:

Race Rocks Marine Protected Area DFO Expenses 2002-2010

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“If we are to learn from past mistakes in the Process of Creating Marine Protected Areas, then it must be documented transparently so that stakeholders might have an opportunity to inform themselves.”

The complete version of this report can be found complete with graphs at
https://racerocks.ca/racerock/admin/atipreport/atip.htm

Background and Rationale for this report:
When we started the MPA designation Process for Race Rocks in 1999, I believe we all went into it assuming that the process of community involvement and stewardship would be one that could be a model of how ordinary people could help to achieve ecological conservation. Further to this, they could play a valuable role in assisting governments in creating one regime, devoid of jurisdictional barriers for the management of humans to ensure ecological sustainability of this unique resource. It was also hoped, that there would be unprecedented transparency in the process. At the time there was no reason that it could not become a template for the establishment of a network of Marine Protected Areas.

The Initial MPA Advisory Process involving the Race Rocks Advisory Board ended in 2002 when the consensus of the Board was not accepted by DFO office in Ottawa, and the resulting modified document gazetted was repugnant to RRAB members as well as First Nations. The Master’s Thesis of Sean Leroy provides a good overview of why this process had failed. Continue reading →

Race Rocks Advisory Board Resource Documents

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This file is designed for the use of the Race Rocks Advisory Board in order to make available in one index, the resources that are most relevant to the Marine Protected Area Designation Process.

Last update Origin EXISTING VERSION Update version or suggested
changes now in progress– contributions from RRAB members welcome..
2010 DFO DFO Response to RRPAB member questions
2010 Ryan Murphy Draft Socio-Economic Overview: Nov 2010
2010 DFO RRPAB DRAFT Ecological Overview: Nov 2010
2010 DFO Agenda for November 2010 meeting
2010 DFO Draft 1.of Management Plan.
2010 DFO DFO Communications Page with Agenda and Draft or Final version of minutes
( to May 2010 meeting only)
2010 RRPAB Values Input Table Update.Values Input Table of Lester Pearson College (version with embedded links for examples)
2010 rr.com The Race Rocks Marine Protected Area Advisory Board: Index of Events and Documents.
2002 RRAB Draft Management Plan for MPA
2002 PC Parks
2009 DFO Socioeconomic Base Case Update for Race Rocks Proposed Marine Protected Area
1999 G.Fletcher.
rr.com		 Gaps in research .. RREO workshop 1999
2001 DFO Race Rocks Pilot Marine Protected Area, An Ecological Overview, Wright and Pringle, IOS 2001 25mb PDF file Changes needed- R. Murphy
2009 G.Fletcher.
rr.com		 Marine Protected Area General References
2002 Sean Leroy LeRoy, S., 2002. Public Process and the Creation of a Marine Protected Area at Race Rocks, British Columbia.
Master’s Thesis. School of Community and Regional Planning, University of British Columbia, Vancouver, B.C.
2009 G.Fletcher.
rr.com		 First Nations and , the Race Rocks Area includes a link to RRAB involvement .
2009 G.Fletcher.
rr.com		 Management Issues: INDEX of the environmental disturbances by humans at Race Rocks.
2009 G.Fletcher.
rr.com		 Ecosystem Index page linking existing inventories, taxonomy and data collection
2009 G.Fletcher.
rr.com		 Education resources index page
2009 G.Fletcher.
rr.com		 MPA benefits
2009 G.Fletcher.
rr.com		 MPA boundary history
2009 G.Fletcher.
rr.com		 Guest research being done at Race Rocks, 1999-2010
2010 G.Fletcher.
rr.com		 New updates to the racerocks.com and racerocks.ca site.
2010 G.Fletcher.
rr.com		 DFO finances on RRAB Process 1999-2010-index
Condensed version with graphs and summary only.		 reinstalled sept 2, 2011
2010 DFO The Oceans Act, 1996 current to March 25, 2010
2010 DFO
Boundary MAPProposed boundary areas
2010 DFO
Boundary MAPProposed boundary areas detail
2010 rrpa meeting Draft of recommendations from the Meeting called by RRPAB members.
2010 G.Fletcher.
rr.com		 Reflections on the Role of Education and Outreach
in the MPA Designation Process, 1998-2010.
2010 Shaw Ocean Discovery centre The Case for RR MPA in 2010
The Case for Race Rocks Marine Protected Area in 2010