Terms of Reference for the Race Rocks MPS Advisory Board

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Race Rocks Advisory BoardTerms of Reference

1. Introduction:

The Oceans Act provides the authority for the nomination or recommendation and establishment of Marine Protected Areas (MPAs).The Race Rocks area has been recommended as a pilot Marine Protected Area 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.

From a First Nation’s perspective the area has cultural significance with respect to traditional use and management of the area’s resources. There is recognition that, should a Marine Protected Area be established, it will not infringe on First Nations’ existing Treaty rights, traditional, food, ceremonial interests or relationship with the area; and allow for cooperative management opportunities.

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

2. Purpose:

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

 

  1. Objectives:

The Race Rocks Advisory Board will:

  • 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 interim management 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

4. Participation, Roles and Responsibilities:

Participants:

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

    • Fisheries and Oceans Canada
    • BC Parks
    • First Nations Council of the Salish Sea
    • Lester B. Pearson College
    • Department of National Defense
    • Sports Fishery Advisory Board
    • Whale Watchers Operators Association – North West
    • Scientific Community
    • Dive Community
    • Georgia Strait Alliance
    • Friends of Ecological Reserves
    • Canadian Parks and Wilderness Society
    • Local Marina Operators
  • Parks Canada (Advisor/Observer Status)
  • Underwater Harvesters of BC

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

Roles:

  1. The RRAB shall provide advice to BC Parks, Fisheries and Oceans Canada and First Nations regarding the development of a management plan for the MPA.
  2. The RRAB shall act solely as an advisory body to BC Parks and Fisheries and Oceans Canada. Nothing in these terms of reference constitutes authority to perform operational or management functions, or to represent or make decisions on behalf of BC Parks and/or Fisheries and Oceans Canada and/or First Nations.
  3. The RRAB shall draw on the expertise of its members and other sources in order to provide advice to BC Parks and Fisheries and Oceans Canada.
  4. The RRAB may serve as a forum for consultation and deliberation among its participants and as a source of consensus-based advice to BC Parks and Fisheries and Oceans Canada. Such consensus advice shall fairly represent the collective and individual views of the RRAB members and the constituencies they represent.

 

Responsibility of Advisory Board Participants:

Participants on the Race Rocks Advisory Board are encouraged to:

  • provide advice and information on their activities within and surrounding Race Rocks
  • actively participate in discussions
  • share airtime with others
  • offer respect for different viewpoints and attention when others are speaking
  • ask questions for clarification and mutual understanding
  • verify assumptions
  • deal with differences as problems to be discussed, not battles to be won
  • refrain from distracting others through side conversations, cell phones off
  • make a best faith effort to work toward an agreement at the table
  • represent the perspectives, concerns and interest of respective agencies or constituencies wherever possible to ensure that agreements developed are acceptable to the organizations, agencies or constituents that you represent
  • maintain dialogue with your constituency regarding the activities and discussions of the Race Rocks Advisory Board
  • refer media contacts regarding the activities of the Board to the Chair/facilitator. Board members can speak on behalf of the Board not on the behalf of individual members.
  1. Process:

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

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

  1. Consensus does not mean total concurrence on every aspect of a decision, but all participants must be willing to accept the overall decision package.
  2. If a participant withholds agreement on an issue(s), that participant is responsible for explaining how their interests are adversely affected or how the proposed agreement fails to meet its interests. The participant withholding agreement must propose alternatives and other participants must consider how all interests may be met.
  3. Once consensus is reached on the overall package, it is assumed to be binding (Cormick et al. 1996).

All participants to a recommendation on which consensus had been achieved agree to exercise their rights, mandates, and responsibilities consistent with that recommendation and to take such further steps as may be necessary to give it effect.

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

6. Meetings:

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

7. Deliverables:

The RRAB will deliver recommendations on levels of protection, goals and objectives to BC Parks, Fisheries and Oceans Canada and First Nations on the establishment of a MPA at Race Rocks. The Federal and Provincial Government in accordance with the joint MPA strategy for Canada’s Pacific Coast will determine the final recommendations for a MPA at Race Rocks.

8. Timeline:

It is expected that the Race Rocks Advisory Board, as outlined by these terms of reference, will complete the tasks described by 31 March, 2000.

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

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