Terms of Reference on DFO website May 2010

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 MPA Feasibility Report and Recommendations

DRAFTRace Rocks Marine Protected Area
Feasibility Report and Recommendations

Table of Contents:

Acknowledgements

1.0 Background

1.1 Legislative Authority for Marine Protected Areas

1.2 MPA Strategy

1.3 Map

2.0 An Introduction to Race Rocks

2.1 Rationale for Selection
2.2 Purpose of Feasibility Report
2.3 A Vision for Race Rocks Marine Protected Area
2.4 Goal
2.5 Principles For Management of Race Rocks Ecological Reserve / Marine Protected Area
2.6 Objectives for Race Rocks as an MPA

3.0 Creating a Marine Protected Area at Race Rocks
3.1 Process
3.2 Consultative Framework

3.2(a) First Nations3.2(b) Race Rocks Advisory Board

3.2(c) Stakeholder consultations

3.2(d) Public consultations

3.3 Recommendations for Race Rocks Marine Protected Area

3.3(a) Designation3.3(b) Area Boundaries

3.3(c) Human Use

(c) 1. vessel and boating management(c) 2. aviation

(c) 3. management of fishing

(c) 4. diving management

(c) 5. educational activities and research

(c) 6. traditional use study

3.3(d) Environmental Protection

(d) 1. dredging and dumping(d) 2. management of exploration for, and development for non-

renewable resources

(d) 3. birds and habitat

(d) 4. marine mammals and habitat

3.3(e) Management/Governance Framework

(e) 1. Pacific Steering Committee
(e) 2. Race Rocks Management/Implementation Committee
(e) 3. Race Rocks Advisory Board
(e) 4. Eco-warden operator(e)
(e) 5. Compliance

3.3(f) Stewardship

3.4 Resource Requirements F/Y 2000/2001

4.0 Conclusion

4.1 Opportunities for Race Rocks as an MPA
4.2 Challenges for Race Rocks as an MPA
Appendix I

 

Acknowledgements

The Report was produced by Marc Pakenham, Community Advisor and Integrated Coastal Zone Coordinator, Kelly Francis – Oceans Directorate, Fisheries and Oceans Canada. Assistance was provided by Jennie Sparkes – Parks Canada, BC Parks staff including: Jim Morris, District Planner; David Chater, District Manager; and Marty Roberts and Garry Fletcher of Lester B. Pearson College.

1.0 Background

1.1 Legislative Authority for Marine Protected Areas

Currently jurisdictional responsibilities for the management of the marine environment and marine resources are shared between the federal and provincial governments, as described by the Constitution. For example, DFO is responsible for organisms in the water column, marine mammals, migratory birds and navigation. The Coast Guard maintains a heritage lighthouse tower at Great Race Rock. The province has jurisdiction over the terrestrial areas and the land under the water column. The provincial government is working with federal government agencies of DFO, Parks Canada and Environment Canada to develop and implement a marine protected areas strategy, and with Parks Canada to implement the Pacific Marine Heritage Legacy program. The Canadian Forces Base (CFB) in Esquimalt holds and uses the land at Rocky Point which may impact the ecological reserve – marine protected area’s values.

1.2 Marine Protected Area Strategy

The Marine Protected Area Strategy consists of three elements:

  1. A joint federal-provincial approach: All relevant federal and provincial agencies will work collaboratively to exercise their authorities to protect marine areas.

 

  • Shared decision-making with the public: Commits government agencies to employ an inclusive, shared decision-making process with First Nations, marine stakeholders, coastal communities and the public.
  • Building a comprehensive system: Seeks to build an extensive system of protected areas by the year 2010 through a series of coastal planning processes.
     1.3 Map

    2.0 An Introduction to Race Rocks

    Named for its strong tidal currents and rocky reefs, Race Rocks is a showcase for Pacific marine life, featuring whales, sea lions, seals, birds and a dazzling array of underwater plants and animals.

    Race Rocks is located 17 kilometres southwest of Victoria, and is the most southerly part of Canada’s Pacific Coast. One of its nine islets is the site of Race Rocks lightstation, the second oldest lighthouse in Western Canada.

    In 1980, Race Rocks was designated as an ecological reserve by the province of British Columbia. The area’s remarkable tidal flow – up to seven knots – supplies a generous stream of nutrients to a thriving community of subtidal invertebrates, including sponges, anenomes, hydroids and soft corals. Crowds of barnacles, tunicates, urchins and sea stars adorn the underwater cliffs. Fish such as sculpin, rockfish and lingcod seek refuge in the rocky crevices and undulating kelp forests.

    Above water, the islets serve as nesting colonies for many seabirds, such as gulls, cormorants, pigeon guillemots and oystercatchers, and as a stopover for migratory birds. They share the rocks with resting harbour seals, Stellar and California sea lions, and a few northern elephant seals. River otters patrol the shoreline and killer whales are frequent visitors. Gray whales, Dall’s and harbour porpoises occasionally pass by.

    The exceptional diversity of marine life at Race Rocks – long recognized by First nations in the area – makes it an ideal place for scientific and educational observation. It serves as a model for the transition zone between inner coastal waters and the open ocean, which is why nearby Lester B. Pearson College was instrumental in having Race Rocks designated as an ecological reserve. In cooperation with B.C. Parks and the Canaian Coast Guard, the college now operates the lightstation facility as an education/guardian centre.

     

    2.1 Rationale for Selection:

    The Race Rocks area was selected as an MPA pilot under the federal-provincial MPA Strategy initiative based on its status as a richly diverse and representative marine ecosystem due in part to the past twenty years of protection as an ecological reserve.

    While provincial designation affords a strong measure of protection it does not have authority over the water column. Past collaboration with Fisheries and Oceans Canada has yielded Fisheries Act closures within the reserve for most species (1990). New opportunities under the Federal Oceans Act now exist for more complete and integrated measures to achieve the ecological reserve and marine protected area vision for protection and conservation.

    2.2 Purpose of Feasibility Report and Recommendations

     

    The purpose of this report is to clearly demonstrate that all the identified criteria have been met to proceed with the formal designation of Race Rocks Marine Protected Area under the Oceans Act.

    In broad terms the report outlines a conceptual management vision, goals and objectives which have been derived through consultations with local First Nations, public and multiple stakeholders. It provides conceptual strategies for the protection and management of natural values, recreation use, research and education uses for both the ecological reserve and marine protected area.

    Preparation of a management plan for Race Rocks will take place following designation.

     

    2.3 A Vision for Race Rocks as a Marine Protected Area

    “Based on a cooperative and integrated, multi-lateral relationship, Race Rocks Marine Protected Area – Ecological Reserve will conserve and protect a unique, high energy marine ecosystem for the benefit of future generations.”

    2.4 Goal :

    To evaluate Race Rocks Ecological Reserve as a pilot Marine Protected Area under the Oceans Act by testing Fisheries and Oceans Canada’s national MPA program framework and the joint federal-provincial MPA Strategy for Canada’s Pacific coast.

    2.5 Principles For Management of Race Rocks Ecological Reserve / Marine Protected Area

    WORKING TOGETHER: The full realization of Race Rocks as both and ER and MPA is dependent on the combined authorities of Canada and British Columbia, as well as the ongoing coordination of management actions by a range of federal and provincial agencies, non-government organizations and volunteers. DFO and BC Parks will, together, provide the leadership that fosters this coordination, cooperation and partnership.

    RESPECT FIRST NATIONS AND THE TREATY PROCESS: Canada and British Columbia consider First Nations’ support and participation in the Race Rocks Ecological Reserve and Marine Protected Area planning and management processes as essential. First Nations will be actively involved in all planning and management processes. The establishment of any MPA will not preclude options for settlement of treaties.

    PRECAUTIONARY PRINCIPLE: All management actions, including the regulation of appropriate uses, will be based on the precautionary principle. The precautionary principle means, “When in doubt, err on the side of caution.” This principle puts the burden of proof on any individual, organization or government agency conducting activities within Race Rocks MPA to demonstrate that there will be no damage to the marine ecosystem from proposed activity.

    2.6 Objectives for Race Rocks as a MPA

    As outlined in Marine Protected Areas – a Strategy for Canada’s Pacific Coast, the objectives for establishing Race Rocks as a marine Protected Area are:

    To contribute to, provide for and enhance:

    1. protection of marine biodiversity, representative ecosystems and special natural features.
    2. conservation and protection of fisheries resources and their habitats.
    3. protection of cultural heritage resources and encourage understanding and appreciation.
    4. opportunities for recreation and tourism.
    5. scientific research opportunities and support the sharing of traditional knowledge.
    6. increased education and awareness.

    3.0 Creating a Marine Protected Area at Race Rocks

    3.1 Process

    The following outlines the process followed in the development of this feasibility report and recommendations.

    After Fisheries and Oceans Canada’s Minister David Anderson’s announcement

    regarding the nomination of Race Rocks as a pilot Marine Protected Area in

    September, 1998, the Oceans Directorate – South Coast staff developed an action plan which outlined a process to determine the feasibility of designating Race Rocks. This action plan included the following steps:

    1. Establishment of a federal/provincial management planning team consisting of representatives of BC Parks and Fisheries and Oceans Canada and First Nations (Sept. 99).
  • Review of the draft management plan for Race Rocks as an ecological reserve (June ’98) by BC Parks and Fisheries and Oceans. A pamphlet was developed to provide the public and stakeholders with general information.
  • Completion of an ecosystem overview and the identification of additional information requirements.
  • Determined the scope of consultations with stakeholders to ensure that all interests affected by federal/provincial authorities were addressed (September 1999).
  • Initiation of an assessment of the feasibility and implications of using Federal (Oceans Act) and Provincial (Ecological Reserves Act, Park Act) legislation jointly (April/May 1999);
  • Development of a draft Socio-economic Overview of Race Rocks as a Marine Protected Area under the Oceans Act (September 1999).
  • Consultations, open houses and meetings with affected stakeholders and public to discuss the creation of a Marine Protected Area and the development of a feasibility report and recommendations (September ‘99 – March ‘00).
  • Recommendations developed based on the feedback received for designation and management/governance of Race Rocks (March ‘00).

    9. Development of the Race Rocks Marine Protected Area Feasibility Report and

    Recommendations, in part, as a synthesis of the following

    documents:

    • Race Rocks Ecological Reserve Draft Management Plan (June 1998),
    • Marine Protected Areas- a Strategy for Canada’s Pacific Coast – discussion paper (Aug. 1998), and
    • Recommendations for Designation and Management of Race Rocks Marine Protected Area
  • Race Rocks Pilot MPA – a Science Review3.2 Consultative FrameworkThe pilot process for the establishment of a Marine Protected Area at Race Rocks recognized the importance of a comprehensive dialogue between those constituents whose interests might be affected. After identifying the key stakeholder groups or individuals, interests, issues and proposals for resolution were developed through facilitation and meetings. In some instances, this required a series of meetings to develop consensus. Overall, it is important to note that there was and continues to be a high level of support for the creation of marine protected areas. The Race Rocks Advisory Board provided an excellent forum for discussion and issue resolution. 3.2(a) First Nations:

    Engaging First Nations in the consideration of Race Rocks as a pilot MPA has been a priority. Initial discussions with T’souke and Beecher Bay First Nations revealed both common interests and issues requiring resolution.

    From a First Nation’s perspective, the Race Rocks 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, it will not infringe on First Nations’ existing Treaty rights, traditional, food, ceremonial interests or relationship with the area. Further, there developed a significant opportunity to develop cooperative management and First Nation’s educational opportunities.

    During the consultative process, a Race Rocks Advisory Board was developed which included representation from the Coast Salish Sea Council, through Tom Sampson. Active participation from First Nations ensured effective communications with local Bands and those in neighbouring Washington State. Several events highlighted the First Nations participation. A Thirteen Moon seminar was conducted in December “99 by Mr. John Elliott and Tom Sampson. This demonstrated the lunar cycle’s influence on traditional First Nation’s life and relationship to the ecosystem. On March 09, 2000 the members of the Race Rocks Advisory Board were honoured to be invited by the Beecher Bay Band to a “Burning Ceremony near Race Rocks. This event is highly spiritual and provides an offering to ancestors. It was a rare privilege to be invited to participate in such a ceremony and it provided a very meaningful opportunity to build relationships.

    More recently, First Nations elders and youth are visiting Race Rocks to learn about traditional uses and relationship to the marine environment. These visits are assisting in the development of both a traditional use study and First Nations curriculum for elementary and junior secondary students.

    The Race Rocks Advisory Board members expressed appreciation for the opportunity to develop a fuller understanding of First Nation’s relationship with marine ecosystems.

    It became apparent that there was First Nations’ support for the creation of Marine Protected Areas such as Race Rocks and a willingness to participate in the management of MPA’s.

    3.2(b) Race Rocks Advisory Board

    A Race Rocks Advisory Board was established to support the consultative process for Race Rocks pilot MPA. Terms of reference were developed to clarify the objectives, process, role and conduct of the Advisory Board.

    The Race Rocks Advisory Board role was to:

    • represent key constituent groups or stakeholders
    • provide advice to Fisheries and Oceans Canada and B.C. Parks on the consultation process
    • collate and analyze feedback from consultations
    • make consensus-based, recommendations to Fisheries and Oceans Canada and B.C. Parks for the establishment of a marine protected area at Race Rocks
    • ensure community involvement in the establishment and on-going management of Race Rocks MPA

    The Race Rocks Advisory Board met five times between December ’99 and March ’00. It is important to note that the recommendations developed through the consultations and work with the Race Rocks Advisory Board may not reflect the complete agreement of every person involved in the dialogue but it does represent complete unanimity from the Race Rocks Advisory Board and the groups they represent.

    MEMBERS OF RACE ROCKS ADVISORY BOARD

    Cheryl Borris -Friends of Ecological Reserves-

    Erin Bradley – -Dive community-

    Howard Breen -Georgia Strait Alliance –

    Garry Fletcher -Pearson College –

    Kelly Francis -Fisheries & Oceans-

    Gordon Hanson-First Nations projects

    Dan Kukat- -Sports Fish Advisory Board – Victoria-

    Lt. Cdr. Bill Laing-Department of National Defence-

    Angus Matthews -Pearson College of Pacific-

    Sean Moore-Pedder Bay Marina

    Jim Morris -B.C. Parks

    Marc Pakenham – Fisheries & Oceans

    Brian Smiley – -Fisheries & Oceans-

    Tom Sampson-Coast Salish Sea Council-

    Jennie Sparkes – Parks Canada-

    Dr. Anita Voss -Science community-

    Kevin Walker -Northwest Whale Watchers Association –

    3.2(c) Stakeholder Consultations

    Extensive consultations were conducted to determine interests, issues and support for the creation of a Marine Protected Area at Race Rocks. With most groups support was readily apparent and strong. A small minority of stakeholder groups expressed concerns and interests which initially seemed at odds with Marine Protected Areas’ goals and objectives. Some of the issues were the result of insufficient information and misapprehension. These were quickly resolved. Issues regarding sportsfishing and eco-tourism interests required more detailed and protracted discussion. For a list of stakeholder groups see Appendix I.

    3.2(d) Public Consultations:

    In addition to sectoral consultations with stakeholders, two public sessions were conducted in February 2000. The public consultations were held to ensure the widest range of information and discussion with those persons potentially not represented by particular interest groups. With an attendance of 101 persons, the consultations provided useful for a for the discussion of both MPA and Ecological Reserve aspects of the initiative.

    Media coverage, after the initial announcement of the pilot initiative at Race Rocks, has been regular, positive and resulted in continued public discussion and interest. Ranging from local newspapers to Knowledge Network and Discovery Channel, the coverage has highlighted the ecological values and public support.

     

    3.3 Recommendations for Designation and Management of Race Rocks Marine Protected Area

    Recommendations for the designation and management of the Race Rocks Marine Protected Area have been developed as a result of extensive consultations over the past eighteen months. The Race Rocks Advisory Board unanimously supports these recommendations. Key recommendations are categorized into the following six areas:

    (a) Designation

    (b) Area Boundaries

    (c) Human Use

    (d) Environmental Protection

    (e) Management/Governance Framework

    (f) Stewardship

    3.3(a) Designation:

    Recommend that Race Rocks be designated as a Marine Protected Area under the Oceans Act Section 35.

     

    3.3(b) Area Boundaries:

    Recommend that the boundary for Race Rocks Marine Protected Area coincide with the Ecological Reserve boundary (1980); being all waters within the 36.5 metre(20 fathom) line as described on Canadian Hydrographic Chart 3641 [1980]. Total area 200 hectares.

     

    3.3(c) Human Use

    Managing human use and impacts are the principal issues for Race Rocks as a combined marine protected area and ecological reserve

    (c) 1. Recommendations for vessel and boating management guidelines addressing the following areas will be developed in consultation with user groups:

    • speed limits
    • anchoring restrictions
    • shoreline restriction
    • considerations when whales are within the MPA boundary
    • sensitive areas restrictions (i.e. kelp beds)
    • ballast water discharge and vessel traffic considerations
    • vessel and boating management guidelines will de developed in consultation with user groups
    • routine monitoring and reporting of vessel activity

    (c) 2. Recommendations for the management of aviation activities:

    • helicopter traffic by authorization
    • no over flights

    (c) 3. Recommendation for the management of fishing activities:

    • establish a “no-take” zone for all species within the 20 fathom contour line with other conservation and protection measures as recommended by the Steering Committee

    (c) 4. Recommendations for management of diving activities to be developed in consultation with user groups:

    • volunteer stewardship developed in cooperation with the dive community
    • educational and training programs for the dive community
    • adaptive development and application of Reefkeepers and other observation programs
    • routine monitoring and reporting of diving activity

    (c) 5. Recommendations for the management of educational activities and research:

    • adaptive and integrated permit process for education and research, as per Ecological Reserve Act example monitored by Eco-warden Operator
    • develop a spectrum of learning opportunities including internet-based learning opportunities about MPA’s
    • educational and research activity reported annually
    • develop learning and research opportunities which have minimal impact on ecosystem

    (c) 6. Recommendations for the development of a Traditional Use Study:

    • through consultation with First Nations, develop terms of reference and framework for a traditional use study, including translation
    • conduct traditional use study
    • working cooperatively, develop marine ecosystem-related curriculum for schools to further understanding of First Nations’ relationship with Race Rocks

    3.3(d) Environmental Protection

    (d) 1. Recommendations for the management of dredging and dumping:

    • dredging of any kind is prohibited in Race Rocks Marine Protected Area
    • disposal of any material, including overboard discharge of sewage, is prohibited in the Race Rocks Marine Protected Area

    (d) 2. Recommendations for the management of exploration for, and development of, non-renewable resources:

    • that the exploration for, or development of, non-renewable resources is prohibited in the Race Rocks Marine Protected Area
    • no pipelines or utility corridors

    (d) 3. Recommendations for the protection of birds and habitat:

    • develop a structured monitoring program and protocol for other activities
    • establish appropriate conservation measures and protection areas
    • develop partnerships with CWS, Rocky Point Bird Observatory Society. etc.
    • use internet capability for non-intrusive observation
    • routine monitoring and reporting

    (d) 4. Recommendations for the protection of marine mammals and habitat:

    • develop partnerships with all groups for monitoring and research within a structured program
    • establish protection measures where appropriate
    • partnerships with whale watching industry for public education
    • work with marine mammal viewing industry to develop best practices
    • use internet capability for non-intrusive observation
    • routine monitoring and reporting

    3.3(e) Management/Governance Framework

    Recommendations for management/governance:

    (e) 1. create a Pacific Steering Committee, with representation from First

    Nations, BC Parks, Fisheries and Oceans Canada

    (e) 2. create a Race Rocks Management/ Implementation Committee with

    representation from First Nations, BC Parks, Fisheries and Oceans

    Canada

    (e) 3. create a Race Rocks Advisory Board

    (e) 4. create a Eco-warden Operator

    (e) 5. develop a compliance program

    (e) 1. Pacific Steering Committee

    • consists of a representative from First Nations, B.C. Parks and Fisheries & Oceans Canada
    • develops policy and management recommendations for ER/MPA’s
    • identifies areas of interest and process for designation
    • provides general direction for Race Management/ Implementation Committee

    (e) 2. Race Rocks Management/Implementation Committee

    • consists of a representative from First Nations, B.C. Parks and Fisheries & Oceans
    • implements and coordinates the management of Race Rocks ER/MPA
    • provides policy and management recommendations to government departments regarding ER/MPA’s
    • provides direction for the Race Rocks ER/MPA Eco-warden Operator
    • works with the Race Rocks Advisory Board
    • provides direction for ER/MPA evaluation

    (e) 3. Race Rocks Advisory Board (post designation)

    • cross-sector representation
    • provides advice to Pacific Steering Committee and Race Rocks Management/Implementation Committee on management issues
    • facilitates communications with constituents
    • makes recommendations for the operations of Race Rocks Marine Protected Area
    • provides advice and participates in ER/MPA evaluation

    (e) 4. Eco-warden operator

    • direction provided by Race Rocks Management/Implementation Committee
    • manages day to day operations in Race Rocks ER/MPA
    • facilitates permit system for research and education
    • facilitates compliance program
    • develops information and education programs
    • assists with ongoing evaluation and monitoring

    (e) 5. Recommendations for compliance:

    • emphasize partnerships and voluntary compliance through education
    • support stewardship initiatives
    • develop enforcement response by appropriate government agencies, as required
    • develop a protocol for reporting to the Steering Committee and Management/Implementation Committee

     

     

    3.3(f) Stewardship

    As the consultative process unfolded, it soon became apparent that there was significant support for the creation of a Marine Protected Area at Race Rocks. Rather than develop a complex regulatory framework for protection and conservation, there are strong indications that a voluntary compliance and stewardship program will achieve the goals and objectives as described herein. Principal stakeholder groups have expressed a keen interest in not only developing “best practices” but also working towards ensuring a high degree of compliance. The development of stewardship initiatives and “best practices” guidelines has already commenced; the results will be reflected in the development of a management plan.

    3.4 Resource Requirements F/Y 2000/2001

    4.0 Conclusion:

    4.1 Opportunities for Race Rocks as an MPA

    Cooperation Between Government: Good working relations exist between B.C. Parks, Coast Guard, DFO, Parks Canada and Department of National Defense which will contribute to the best protection for the ecological reserve – marine protected area. The pilot process has led to a greater understanding and improved collaboration between these agencies.

    Cooperation with First Nations:

    The Race Rocks pilot Marine Protected Area process has developed significant relationships with participants and improved understanding of interests. Further opportunities have been outlined in the recommendations.

    Cooperation with Lester B. Pearson College: Lester B. Pearson College was instrumental in the establishment of the ecological reserve – marine protected area. The faculty and students of the Biology and Environmental Systems program at Pearson College are long-time volunteer ecological reserve – marine protected area wardens. They are actively involved in research and education activities and provide an important monitoring function. The College uses the decommissioned lighthouse buildings at Great Race Rock as a research and education facility and guardian base through a temporary agreement with the Coast Guard. The Coast Guard lease of Great Race Rock is reverting to the province of B.C., at which time, Pearson College’s tenure will be confirmed. Race Rocks Ecological Reserve – Marine Protected Area provides outstanding marine research opportunities. Lester B. Pearson College has been the principal research agency and has developed a good database for the ecological reserve – marine protected area and its values.

    Management of Education and Research Activities:

    The Race Rocks ecological reserve – marine protected area will enhance the protection and conservation of the high-energy marine ecosystem found in the Strait of Juan de Fuca. Research will assist in focusing the management and monitoring of the ecological reserve – marine protected area, as well as contribute to the knowledge base of coastal marine systems on a broader scale. The ecological reserve – marine protected area will be a prime educational source for increasing awareness of marine systems for students, visitors and the general public. It will also be a key educational and awareness tool for the DFO MPA program. Recent Millennium 2000 funding has supported the development of www.racerocks.com , an internet, interactive series of video cameras which provide world-wide educational opportunities. Opportunities exist to involve First Nations with BC Parks and Fisheries and Oceans Canada in management, stewardship and creative joint educational initiatives.

    With the proximity to Victoria, Race Rocks Ecological Reserve – Marine Protected Area provides excellent educational opportunities. Lester B. Pearson College uses Race Rocks for their marine ecology program for college and local school students and naturalists. Tourism operators from Victoria also offer educational nature tours.

     4.2 Challenges

     

    Boundaries: The irregular shape of the proposed Marine Protected Area boundary is challenging for compliance and enforcement of regulations. Recent improvements in navigation technology, such as more accurate global positioning satellite (GPS) units, electronic charts and depth sounders are readily and inexpensively available. As the vessel operators equipment improves, so does the accuracy for determination of boundaries.

    Management of Human Use: Commercial and non-commercial recreation activities such as wild life viewing, diving, boating and nature appreciation occur in the ecological reserve – marine protected area, both in the water and on land. These activities will require strong cooperative management and stewardship initiatives with the federal government, tour operators and recreational users to ensure that the values of the ecological reserve – marine protected area are maintained.

     

    Sport Fishing: Sport fishing for halibut and salmon is currently very popular in the area directly adjacent to the Race Rocks Ecological Reserve. The large sport fisher community does not wish to see the boundaries for Race Rocks Marine Protected Area any larger than the current ecological reserve boundaries.

    Ballast Water Dumping: Currently under the draft Ballast Water Management Guidelines, the Port of Vancouver stipulates that dumping of ballast water may take place west of the Race Rocks Ecological Reserve – marine protected area. The introduction of alien species and contamination could significantly impact the Race Rocks environment.

    Oil Spills: Frequent heavy oil and crude tanker traffic (two supertankers per day on average) passes near the Race Rocks area. Due to the isolated nature, and the small area encompassed by the Race Rocks ecological reserve – marine protected area, even a small spill could have a devastating impact on the Race Rocks area.

     

    Relationship with Other Land Use Planning: Management planning processes provide a mechanism for public review and support for management strategies. In this respect, an ecological reserve – marine protected area management plan must be considered in terms of its relationship with other land use strategies.

    In June 1994, the provincial government announced the Vancouver Island Land Use Plan. This plan recommended that strategic planning occur for marine areas. Marine planning units have now been identified and planning framework statements summarizing values and capabilities have been prepared for the next level of planning. Race Rocks and surrounding areas are included in this process.

    The marine environment of the Pacific coast is not well represented in either federal or provincial protected areas systems. The federal and provincial governments are committed to establishing a system of marine protected areas and are developing a strategy to this end. A separate but related initiative is the Pacific Marine Heritage Legacy (PMHL), where the federal and provincial governments are working to form a network of coastal and marine protected areas along the southern Pacific coast. Race Rocks Ecological Reserve – Marine Protected Area is situated adjacent to a study area for a national marine conservation feasibility study which was initiated in 1998-99 as part of the PMHL Program.

     

     

    APPENDIX I

    The following groups were represented or directly participated in the information/consultations:

    Amalgamated Conservation Society

    Aquarius Dive Club – DND

    Association for the Protection of Rural Metchosin

    BC Shorekeepers/Reefkeepers Assoc.

    BC MELP – Parks

    BC Ministry of Fisheries

    Canadian Coast Guard – DFO

    Canadian Parks and Wilderness Society

    Canadian Wildlife Service

    Capital Regional District — Roundtable on the Environment & Environment Committee

    Department of National Defence – CFB Esquimalt

    District of Metchosin

    Environmental Risk Management – CFB Esquimalt

    Environmental Youth Alliance

    First Nations – Beecher Bay, Esquimalt, Songhees, T’sartlip, T’souke

    Frank White’s Scuba Shop

    Friends of Ecological Reserves

    Georgia Strait Alliance

    Golden Rods and Reels Victoria

    Greater Victoria Natural History Society

    Habitat Acquisition Trust

    Lester B. Pearson College

    Local marinas

    Ogden Point Dive Centre

    Ocean Centre

    Parks Canada PMHL

    Pedder Bay Marina

    Regional Recreational Boating Advisory Council

    Royal BC Museum

    Rotary Club – Victoria

    Rural East Sooke Association

    Saanich Inlet Protection Committee

    Sea to Sea Greenbelt Society

    Sierra Club of British Columbia

    Society for the Protection of Ayum Creek

    South Island Aquatic Stewardship Society

    Sports Fish Advisory Board – Race Rocks Sub-Committee

    The Land Conservancy

    Tourism Victoria – Environment Committee

    University of Victoria

    Veins of Life Watershed Society

    Victoria Golden Rods and Reels

    Victoria Natural History Society

    Victoria Marine Adventure Centre

    Victoria Marine Advisory Council

    Western Canada Wilderness Committee

    Whale Watch Operators Association NW.

     RETURN TO TOP

     

    Return to RRAB Index

 

Agenda and Minutes of the First Meeting of the Race Rocks Advisory Board

AGENDA for the First Meeting of the Race Rocks Advisory Board
Wednesday, 01 December ’99 1100h – 1500h Boardroom

Coast Guard Base Victoria 25 Huron St. Victoria, B.C.

MEMBERS OF RACE ROCKS ADVISORY BOARD

Cheryl Borris Friends Eco Reserves ecoreserves(use the “at” symbol)hotmail.com 250-356-6921 (W) Erin Bradley Dive community info(use the “at” symbol)divevictoria.com 250-380-9119 (W) Howard Breen Georgia Strait Alliance hbreen(use the “at” symbol)island.net 250-7753-3459 (W) 250-247-7467 (R) Garry Fletcher Pearson College gfletcher(use the “at” symbol)pearson-college.uwc.ca 250-391-2411 (W) Kelly Francis Fisheries&Oceans francisk(use the “at” symbol)pac.dfo-mpo.gc.ca 250-756-7095 (W) Gordon Hanson First Nations projects ghanson(use the “at” symbol)gulfislands.com 250-629-9923 (W) Dan Kukat Sports Fish Advisory springtide(use the “at” symbol)coastnet.com 250-386-6016 (W) Lt. Cdr. Bill Laing Dept. National Defence marpacn33_2(use the “at” symbol)hotmail.com 250-363-5041 (W) Angus Matthews Pearson College amatthews(use the “at” symbol)pearson-college.uwc.ca 250-391-2411 (W) Jim Morris B.C. Parks Jim.Morris(use the “at” symbol)gems1.gov.bc.ca 250-391-2304 (W) Marc Pakenham Fisheries&Oceans pakenhamm(use the “at” symbol)pac.dfo-mpo.gc.ca 250-213-8762 (Cell) Dr.John Pringle Fisheries&Oceans pringlej(use the “at” symbol)pac.dfo-mpo.gc.ca 250-363-6335 (W) Tom Sampson Coast Salish Sea sampsont(use the “at” symbol)island.net 250-652-3889 (R) Jennie Sparkes Parks Canada Jennie_Sparkes(use the “at” symbol)pch.gc.ca 250-363-8559 (W) Keith Symington C.Parks&Wilderness Soc. marine(use the “at” symbol)cpawsbc.org] 604-685-7445 (W) Dr. Anita Voss Science anitab-voss(use the “at” symbol)bc1.com 250-642-3520 (R) Scott Wallace Science scottw(use the “at” symbol)island.net 250-758-2390 (W) Kevin Walker Whale Watchers Assoc. kbwalker(use the “at” symbol)islandnet.com 250-598-4556 (W) Please note addition: Keith Symington – Canadian Parks and Wilderness Society (CPAWS) Marc Pakenham Oceans Community Advisor – South Coast Fisheries and Oceans Canada – Pacific 25 Huron St. Victoria, B.C. V8V 4V9 (250) 480-2794 (250) 480-2793 fax (250) 213-8762 cell. pakenhamm(use the “at” symbol)pac.dfo-mpo.gc.ca

AGENDA:

1. Introduction of Board Members
2. Draft terms of reference
3. Frequency of meetings & schedule for information/consultation sessions
4. Format and process for information/consultations
5. Managing the information/feedback
6. Making recommendations….consensus or strong majority?
7. Other business

 

RACE ROCKS ADVISORY BOARD MEETING MINUTES
1100h — 1530h, DECEMBER 1, 1999

25 HURON STREET, VICTORIA


Participants: Doug Biffard — BC Parks

Absent: Dr. John Pringle – Fisheries and Oceans Canada , Scott Wallace, Dr. Anita Voss

Dan Kukat — SFAB

Observers:Sean MacConnachie – Fisheries and Oceans Canada

***************************************

INTRODUCTIONS

  • The meeting began with a discussion of the agenda and roundtable introductions, with a brief description from each board member about their participation in the board.

SLIDE PRESENTATION

  • Marc Pakenham gave a slide presentation describing the roles and objectives of the Oceans Act and MPA’s, and more specifically the Race Rocks pilot MPA.
  • This slide presentation will make up the bulk of the information for the stakeholder and public consultations.

 

GENERAL DISCUSSION

  • Tom Sampson inquired as to how the Race Rocks pilot MPA would fit into the Georgia Basin Ecosystem Initiative. Marc Pakenham responded that the marine environment is currently zoned and regulated. The pilot MPA could make up another layer of zoning within the ecosystem.
  • Angus Matthews asked if Tom Sampson could give the group a perspective on First Nations’ values and background on Race Rocks and ecosystem based management as a whole.
  • Tom Sampson responded by describing that the whole ocean is a MPA, and not just Race Rocks. He suggested that we practice “what we know” regarding management of future MPA’s and that many ocean areas need protection. We need to provide opportunities for FN’s to recommend locations, importance of areas. FN’s support MPA’s where there is no conflict with existing agreements between FN’s and government or the treaty process — FN’s are not prepared to renegotiate treaty issues.
  • He described First Nations annual calendar of the 13 moons and how all things are linked. By knowing how the changes in the seasons and the atmosphere affect the land and the water, First Nations were able to manage the resources on both the terrestrial and marine environment for thousands of years. He described the importance of the difference types of food that were collected around the area to the diets of First Nations and their medicinal properties.
  • Tom Sampson expressed a desire to acquaint board members with “FN thinking about natural cycles” and offered to organise a “13 Moons” workshop preferably at Pearson College.

ACTION ITEM

  • Tom Sampson to arrange for a workshop on the First Nations’ Thirteen Moon calendar for the RRAB.
  • Tom Sampson suggested using First Nations language in any documentation produced on Race Rocks would greatly facilitate the acceptance and understanding of a management plan for the area by local First Nations.
  • Howard Breen asked if a traditional use study was part of the pre-designation work. Marc Pakenham responded that it was not part of the formal protocol, but informal discussions on this topic have taken place. Angus Matthews indicated that the College is working on developing a First Nations education package that will eventually lead to a curriculum package that can be used by First Nations and non-natives.
  • Gordon Hanson pointed out that the draft Race Rocks Ecological Reserve management plan suggests pursuing opportunities for a traditional use study and recommended that a traditional FN use of RR study be commissioned by the RRAB.
  • Howard Breen indicated that NGO’s strongly support action on designation of MPA’s and raised the issue of resourcing for the MPA process — GSA will intervene in upcoming Ministerial meetings to press for resource commitments for the Race Rocks MPA process.
  • Kelly Francis responded that the management plan process would include identification of resource requirements and funding options.
  • Jim Morris agreed on the need to focus on the management plan and indicated that the Province currently has no “dollar” resources for the process.
  • Doug Bifford added that he would identify dollars through his provincial budgeting process.
  • Howard Breen wants issues moved forward soon and indicated that his constituency will be pushing for some serious indication of commitment to the MPA process.
  • Jim Morris asked that the group review the draft management plan included in the background information package provided to the advisory board prior to the next meeting. He noted that Parks BC as manager of the Ecological Reserve, has made changes to regulations through public input and have documentation of agreement by many stakeholders.
  • Doug Bifford stated that there has been no discussion within Parks BC with respect to possibly relinquishing RR as an Ecological Reserve in favour of an MPA and therefore will continue to manage RR as an ER unless the public wants change.
  • Kelly Francis responded that the ER/ MPA designation is complementary but dual designation does require clarification.
  • Angus Matthews noted that the existing draft management plan recommends going to MPA status.

TERMS OF REFERENCE DISCUSSION

  • Round table discussion as to the importance of a Terms of Reference (TOR) for the RRAB.
  • Howard Breen inquired about a ‘protocol agreement’ between the Province and Fisheries and Oceans Canada for the Race Rocks MPA initiative and stressed the need to have FN issues expressed in the TOR — NGO’s (GSA) have been developing a protocol agreement for co-management with FN’s.
  • Gordon Hanson stressed the importance of recognising First Nations as members of a government “Triad” i.e. as a level of government (not a stakeholder) in the MPA process

ACTION ITEM

    • Gord Hanson to develop a chart outlining organisation of the RRAB
  • Howard Breen asked if the Terms of Reference would be site specific.
  • Jenny Sparkes would like the “what, how and who” RRAB will report to be included in the TOR.
  • Garry Fletcher cautioned against setting milestone dates, but the TOR should reflect the day-to-day management concerns that are happening regardless of the various action plans that are underway. The RRAB should avoid adding levels of bureaucracy to the system.
  • Doug Bifford indicated that the draft management plan might be a good template for the TOR.
  • Jim Morris gave an overview of the development of the draft management plan. He indicated that the original round of consultation showed that the predominant concerns of the public centred on issues in the water column. However the process was flawed because it was incomplete – the new round of MPA consultations will hopefully be able to address this and he encouraged advisory board members to disseminate information to their constituents.
  • Angus Matthews suggested that matters of jurisdiction and protocol between the two levels of government be addressed immediately. Also some clarity is needed as to how the regulations from the Ecological Reserve Act will mesh with the Oceans Act. He suggested that “inventing a new way for governments to work together” is fundamental to the success of the RRAB. Membership on Advisory Board should be mandatory for all government reps, voluntary for NGO’s.
  • Jenny Sparkes suggested that identifying barriers to implementation is fundamental to the consensus process and stressed the need to focus on common goals vs. individual issues. She suggested that, to prevent confusion, the TOR define the meaning of consensus for this group.
  • Jenny Sparkes suggested a small sub-committee to develop draft TOR.

ACTION ITEM

    • Marc Pakenham, Jim Morris, Howard Breen, Angus Matthews, Jenny Sparkes and Gord Hanson to develop draft TOR and distribute.

 

FREQUENCY OF MEETINGS / SCHEDULING

  • Marc Pakenham indicated that he would like to see this process move forward to designation by March 2000. As a result Marc and Jim will endeavour to pursue bi-lateral discussion with various groups over the next two months to determine stakeholders interests and issues.
  • Garry Fletcher described the MPA process as a ‘continuum’ and cautioned not to pick dates for designation.
  • Marc Pakenham suggested that it is important that the Minister of Fisheries and Oceans and the Minister of Parks BC be comfortable with designation of RR by fiscal year end.
  • Angus Matthews concurred with the aggressive schedule and suggested that at least one meeting of the RRAB should be held at Race Rocks.
  • Doug Bifford advised against this as it may contravene the principles of the Ecological Reserve. Angus Matthews pointed out that the buildings on RR are not included in the ER boundaries and that ongoing staffing of RR is unlikely due to funding constraints.
  • Marc Pakenham suggested three meetings before January 31, 2000; large meeting at the end of consultation process at the end of January to frame up recommendations. Meanwhile Marc and Jim will continue with bilateral consultations.
  • Howard Breen asked if there was consensus among the RRAB to pursue this schedule. Consensus was met.

CONSULTATION AND RECOMMENDATION PROCESS

  • Angus Matthews suggested that although consensus will probably not be reached between various stakeholder groups, the RRAB should reach consensus on all recommendations that it puts forth.
  • Jenny Sparkes advised that during meetings or consultation that focus should be on interests and how their interests are being met as opposed to issues and how they are being dealt with.
  • Marc Pakenham noted Whale Watchers experiences in recent meetings — accepted ‘ownership’ of process, buy-in to concept of MPA, visit to RR an important feature of acceptance- developing site specific whale watching guidelines for RR and will return information to Advisory Board during development process.
  • Please see attached consultation list.
  • All notes or minutes from all bi-lateral discussions will be distributed the RRAB within 48 hours of the meeting via e-mail.

OTHER BUSINESS

  • Bill Laing gave an update on DND staff’s activities in the area and standard operating procedures for demolition of ordinance.

ACTION ITEM

    • Bill Laing to arrange for a meeting with DND staff to discuss the pilot MPA process at Race Rocks before Christmas.

NEXT MEETING

  • The next meeting of the RRAB is scheduled for 1100h — 1500h, January 5, 2000 at Lester B. Pearson College in Victoria. (lunch will be provided)

Meeting adjourned – 1530.

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