Vol. 139, No. 25 — June 18, 2005

Musquash Estuary Marine Protected Area Regulations

Statutory authority

Oceans Act

Sponsoring department

Department of Fisheries and Oceans

(This statement is not part of the Regulations.)

Description

The 1997 Oceans Act gives the Governor in Council the authority to establish Marine Protected Areas (MPA), by regulations, for any of the following reasons:

(a) the conservation and protection of commercial and non-commercial fishery resources, including marine mammals and their habitats;

(b) the conservation and protection of endangered or threatened species and their habitats;

(c) the conservation and protection of unique habitats;

(d) the conservation and protection of marine areas of high biodiversity or biological productivity; and

(e) the conservation and protection of any other marine resource or habitat as is necessary to fulfil the mandate of the Minister of Fisheries and Oceans.

Musquash has been described as "one of the last ecologically intact estuaries in the Bay of Fundy," providing a rich habitat, and a refuge, for many species of wildlife. On February 8, 2000, the Minister of Fisheries and Oceans selected Musquash as an Area of Interest (AOI) under the Department of Fisheries and Oceans' (DFO) Marine Protected Areas Program. The site meets the criteria set out in paragraphs 35(1)(a), (c), (d) and (e) of the Oceans Act. The Musquash Estuary is recognized as one of the last ecologically intact estuaries in the Bay. It provides a rich habitat (including nursery areas) for a variety of fish and wildlife, is a highly productive ecosystem in Canada's coastal waters and will contribute to a national network of MPAs. The present regulatory initiative formally designates the Musquash Estuary as an MPA pursuant to the Oceans Act.

The objective of the designation is to establish an MPA boundary at the low water mark and three internal management zones in which different activities may be permitted, provided that these activities do not compromise the overall conservation objectives of the MPA.

MPAs are established according to a process set out in the National Framework for Establishing and Managing MPAs. This process involves the identification of AOI, a series of evaluations including an ecological assessment of the area, the development of regulations outlining the MPA boundary and regulatory management measures to be implemented within the MPA, the development of a management plan to accompany the Regulations and ongoing monitoring of the MPA.

Ecological description

Estuaries are partially enclosed coastal bodies of water where ocean water and fresh water mix. Salt marshes are characterized by salt-tolerant grasses, with an extensive shallow rhizome (root) system that traps and stabilizes the soft sediment. Estuaries rank as one of the most productive ecosystems on earth, and marshes are referred to as the life-support system, generating vital functions. Musquash marshes are classified as Class I salt marshes (known or assumed to be of high value to wildlife, and represent the highest priority for protection and management). Estuaries and associated salt marsh communities play an important role in the functioning and integrity of the Bay of Fundy ecosystem.

The Musquash Estuary is located on the Bay of Fundy, approximately 20 km west of the city of Saint John, New Brunswick. The total area is estimated at about 7.9 square kilometres. The Estuary is macrotidal (6 m to 8 m tidal amplitude) and has depths ranging between 1 m and 4 m. Three-quarters of the water in the Musquash Estuary is flushed twice daily with the tidal forces of the Bay of Fundy, and the waters from the ebb tide (i.e. outward flowing tidal waters) re-enter the Estuary on the succeeding flood tide. Approximately 80 percent of the volume of water is replaced daily by water that is blended with that of the Saint John Harbour.

Conservation issues

The health of Musquash is closely linked to the inputs of both the surrounding watershed and the open sea. To maintain diverse biological communities, the quality of important chemical and physical conditions and processes (i.e. habitat) must be protected. Marine organisms are adapted to specific conditions and, as such, these conditions are critical in determining the community of species in coastal ecosystems. Since the Musquash Estuary is sheltered, its marine environment and biological communities may be particularly sensitive to human-induced changes. Ecosystem integrity will be a priority in managing the MPA. Therefore, all efforts should be made to maintain healthy populations of resident species by reducing human influence on natural processes and dynamics with appropriate management.

Threats to biodiversity in the coastal zone are broad, including habitat loss, overexploitation, pollution, and introduced/invasive species. There are concerns over the degradation of water and sediment quality resulting in effects on biota, including commercially valued species. Toxins and broad environmental quality parameters, such as nutrients or turbidity, can negatively impact biological communities and the overall functioning of the estuarine system. As a small confined habitat, all efforts should be made to minimize inputs into the estuary and to maintain or improve its environmental quality.

The present level of human activity in Musquash remains low, in comparison to other estuaries in the Bay of Fundy. As a result, Musquash remains a relatively undisturbed ecosystem. Legal protection and direct management now will ensure that its health and function are maintained for the future. Because the Musquash MPA is surrounded by salt marshes and mudflats in the intertidal area under provincial jurisdiction, the Government of New Brunswick and DFO will be working together to develop the means to manage the whole area in a complementary manner.

MPA boundary and management zones

The Regulations establish an MPA boundary and three internal management zones in which different activities may be permitted, provided that they do not compromise the overall conservation objectives of the MPA.

• Zone 1 is the highly protected zone consisting of the waterways within the MPA, that are surrounded/bounded by fragile mudflats, intertidal soft banks and a salt marsh system. This area is considered the most sensitive and is afforded the highest protection.
• Zone 2A consists of the harbour, the largest area within the MPA, characterized by a mix of soft sediments and hard substrates, and bounded by a line drawn between Black Beach and Robinson Head, and Zone 2B consisting of Gooseberry Cove, at the mouth of the estuary, with a predominantly gravel substrate. Activities permitted in this area are those considered low impact and will be monitored carefully.
• Zone 3 consists of the mouth of the estuary, from Western Head and Musquash Head, inwards to Black Beach. Scientific studies conducted in this area have indicated that sediments are continuously disturbed and re-suspended through natural processes and, as a result, the area can absorb the effects of a greater number of activities.

The Regulations contain a general prohibition on the disturbance, damage, destruction or removal of any living marine organism or any part of its habitat within the MPA. In addition, the Regulations prohibit the depositing, discharging or dumping of substances within the MPA that are likely to result in the disturbance, damage, destruction, or removal of any living organisms or any part of its habitat within the MPA.

The Regulations will permit certain activities such as scientific and educational activities that do not compromise the conservation goals. Moreover, certain activities such as monitoring may be required to support the management and protection of the MPAs, while other activities may be required for specific overriding purposes, such as public safety and security. Within the Regulations, activities are managed through 1) the submission and approval of plans for specified activities according to conditions; and 2) specific exceptions to the general prohibitions according to specified conditions. These are described below.

Throughout the MPA, activities for the purpose of public safety, law enforcement or emergency response are permitted to ensure the safety of Canadians.

Aboriginal Peoples fishing in accordance with the Aboriginal Communal Fishing Licences Regulations will be permitted.

Scientific, archaeological, educational, commercial tourism or habitat restoration activities will be approved throughout the MPA under specific conditions. A plan for these activities must be submitted, specific information listed in the Regulations must be supplied about the activity, and the activity must not damage or destroy the habitat of living marine organisms in the area. In addition, habitat restoration activities must be carried out for the purpose of managing the MPA. Throughout the MPA, the cumulative environmental effects of these activities, in combination with all other past and current activities being undertaken within the MPA, will also be taken into consideration. Ministerial approval will be granted only if the activity is not likely to result in damage or destruction of the MPA.

Any accident that is likely to result in the disturbance, damage, destruction or removal referred to in the general prohibitions of the Regulations must be reported within two hours to the Canadian Coast Guard.

In Zone 1, in addition to the activities noted above which are permitted throughout the MPA under specified conditions, recreational fishing by means of angling, dip nets, or by hand picking, in accordance with the Atlantic Fishery Regulations, 1985 or the Maritime Provinces Fishery Regulations, is permitted. Commercial fishing for elvers or eels by means of a hand-deployed fyke net or dip net in accordance with the Atlantic Fishery Regulations, 1985 or the Maritime Provinces Fishery Regulations is also permitted. These fishing activities are considered as having a low impact, and requirements under the fishery regulations are considered sufficient to ensure that these activities will be conducted in a manner consistent with the conservation objectives of the MPA. In Zone 1, the maintenance, repair or removal of a bridge or a hydroelectric dam will be permitted with applicable authorizations under the New Brunswick Clean Water Act (provincial), the Navigable Waters Protection Act or the Fisheries Act to ensure that these existing structures are maintained properly.

In Zone 2, in addition to the activities permitted throughout the MPA, recreational fishing is permitted under the same conditions as in Zone 1. Commercial fishing is allowed for lobster by means of individual traps and for herring by means of a weir, beach seine, bar seine or drag seine in accordance with the Atlantic Fishery Regulations, 1985 or the Maritime Provinces Fishery Regulations. The recreational or commercial harvesting of dulse by hand is also permitted in the Zone 2 areas. Again, these fishing activities are considered, as having a low impact, and requirements under the fishery regulations are considered sufficient to ensure that these activities will be conducted in a manner consistent with the conservation objectives of the proposed MPA.

The operation of a vessel will be permitted in Zone 2 at a speed no greater than five knots in order to minimize habitat damage by wave action. In Zone 2A, the construction of a boat launch, the maintenance, repair or removal of a wharf or a boat launch, and the maintenance of a navigation channel will be permitted with applicable authorizations under the New Brunswick Clean Water Act (provincial), the Navigable Waters Protection Act or the Fisheries Act to ensure that these existing structures are maintained properly.

In Zone 3, recreational fishing is allowed under the same conditions as in the remainder of the MPA. Commercial fishing for lobster and herring, and commercial and recreational fishing for dulse are permitted under the same conditions as in Zone 2. In addition, fishing for scallops is permitted in accordance with the Atlantic Fishery Regulations, 1985 or the Maritime Provinces Fishery Regulations. There will be some impact on the benthic habitat of this portion of the MPA as a result of the scallop fishery. However, due to the highly dynamic nature of this zone, the level of impact is considered acceptable and fishery regulations will be used to ensure that these activities will be conducted in a manner consistent with the conservation objectives of the proposed MPA. The operation of a vessel will be permitted in Zone 3 at a speed no greater than eight knots to limit damage to shore by wave action.

MPA management plan

In addition to the Regulations, the conservation objectives will be met through the implementation of the MPA management plan. The management plan will elaborate on the Regulations and be used to implement a comprehensive set of conservation and management strategies and measures for the MPA. Additionally, the management plan will address matters such as monitoring, enforcement and compliance, and will provide the detail required to ensure that the rationale for management decisions, prohibitions, controls and approvals are clearly justified and understood.

Alternatives

Status quo

The status quowas an option that was considered but rejected. Current management mechanisms are not providing the comprehensive, ecosystem-based and long-term protection that is required for this area. Although there have been many important efforts by both the Government and the industry to minimize impacts, reliance on the status quo will not provide the protection required to consistently control impacts from all activities.

Reporting zone

To ensure protection of the MPA from external activities, DFO initially considered including a reporting area surrounding the MPA in the Regulations, and a high water boundary. The reporting zone extended seaward from the coastline of the MPA, as defined by circulation patterns. Plans for all activities within this reporting zone would have been submitted to the Minister for approval. This alternative to the present Regulations was rejected owing to the additional costs to industry proponents, the administrative burden, and the duplication of existing application and approval processes. A high water boundary was not an option, as this area is under provincial jurisdiction.

The Fisheries Act, the Canada Shipping Act, and the Coastal Fisheries Act

Although the provisions of the Fisheries Act, the Canada Shipping Act and the Coastal Fisheries Protection Act will complement the conservation focus given to Musquash by the present regulatory proposal, the use of the provisions of these Acts is considered insufficient to provide the comprehensive and enduring protection the MPA will need.

Voluntary measures

Although there is a high level of community support for the MPA initiative in Musquash, voluntary measures were not considered sufficient to afford the area adequate protection. Without a regulatory regime, and accompanying management measures, it would be difficult to ensure consistent compliance. This approach will also provide a basis from which to conduct monitoring of management effectiveness. The streamlined, long-term and formal designation of an MPA under the Oceans Act was considered preferable to the reliance on voluntary measures, which are often dependent on inconsistent and unstable funding sources.

Marine protected area designation and management

The proposed option of designating the Musquash Estuary as a MPA is the best alternative, as it will give focus and recognition to this threatened coastal ecosystem. The broad-based umbrella of protection provided by the designation will safeguard the integrity of its diverse and productive ecosystem. An Oceans Act regulation in Musquash will streamline management measures in a focused area and for the long term. The MPA designation will also offer more broad-ranging benefits for many components of the ecosystem, resulting in benefits for many stakeholder groups.

The MPA has already garnered, and will continue to garner, a heightened interest in the community and allow for significant involvement in its management. There will be increased opportunities for monitoring, education and public outreach activities in the area with an MPA designation. A relatively small, geographically fixed and protected area such as the Musquash Estuary MPA will provide an ideal setting for scientific research to further the understanding of this unique coastal environment.

Benefits and costs

The primary benefit of the proposed Musquash MPA Regulations is the recognition and protection that will be afforded to this highly productive, sensitive coastal ecosystem. This action will provide a long-term commitment to the conservation and protection of the area, building on and complementing the substantial efforts the Government of Canada has made since the early 1990s.

This MPA will also be afforded complementary protection through efforts by the Province of New Brunswick to protect the watershed and the salt marsh system, and by the adjacent wetlands and coastal lands protected by the Eastern Habitat Joint Venture and Nature Conservancy of Canada.

Under the Oceans Act, the Minister of Fisheries and Oceans is directed to lead and coordinate the development and implementation of a national network of marine protected areas on behalf of the Government of Canada. The designation of the Musquash Estuary will be a key contribution to the development of this network and for meeting commitments under Canada's Oceans Action Plan, an action plan which builds upon the legislative and policy framework of the Oceans Act and Canada's Oceans Strategy. Protected areas are also a key contribution to the Sustainable Development Strategy of Canada.

The establishment of this MPA will also demonstrate Canada's resolve to fulfil its international commitments for ocean management and marine conservation. These include commitments made under the 1982 United Nations Convention on the Law of the Sea (UNCLOS), the Convention on Biological Diversity, the World Commission on Protected Areas Program and the 2002 World Summit on Sustainable Development.

Musquash is both regionally and internationally known as a case study for community support of a coastal MPA, for the numerous interdisciplinary studies, specifically in mapping the area, and for the natural beauty of the easily viewed salt marsh. Public and community support is high, as can be attested to by the large number of letters of support sent to the Department and by the enthusiastic participation of conservation and community groups (e.g. World Wildlife Fund (Canada), the Conservation Council of New Brunswick, Nature Conservancy of Canada, and Friends of Musquash).

Commercial and recreational fisheries

There is limited recreational fishing currently being done in the MPA, and this will be permitted to continue. The harvesting of clams and periwinkles will not be affected as this activity takes place outside the MPA boundaries. Musquash is presently designated a rockweed long-term study area and, as a result, no harvesting of Ascophyllum is being conducted in the area. The rockweed industry is prepared to concede this area for protection. Therefore, these Regulations will have no impact on this industry. There are also no aquaculture leases nor any applications within the boundaries of the Musquash MPA.

The livelihood of licensed lobster, herring, eel, and scallop fishers working in the Musquash area will not be affected as exceptions have been provided for these types of commercial fishing activities with specified gear, and in specified zones. Where these fishing activities are permitted in the Regulations, they are considered consistent with the conservation objectives of the MPA. No other fish species of interest were identified by local fishers, and therefore there will be little effect on fishery activities in the area.

Minerals and hydrocarbon

Mineral and hydrocarbon exploration and development activities are not specifically excluded in the Musquash MPA. However, in order to protect this unique and productive estuary, MPA regulations may serve to restrict the way resources may be obtained in the area. However, the regulations do not, as a matter of course, foreclose on all opportunities in perpetuity. Moreover, there are presently no mineral leases directly within the MPA boundaries. There are, however, four mineral claims that include coastal land adjacent to the MPA. Proposals for limestone extraction from these claims, potentially for use in the nearby Coleson Cove generating station, would come under close scrutiny during the environmental assessment review process, as these areas are well within the Musquash Watershed.

Shipping and recreational boating

There is moderate shipping activity in the area, mainly from local fishing vessels travelling to and from Five Fathom Hole (Zone 2A). No significant economic impact is expected to these operations as the Regulations allow boat traffic within Zone 2, with an imposed speed limit.

The Regulations allow for the maintenance, repair and removal of the Five Fathom Hole wharf, and maintenance of the navigational channel. The main reasons for these allowances is to ensure that these structures are properly maintained. There is no public boat launch for small craft, but there is limited small craft activity for recreational purposes or for clam digging. However, the Regulations do allow for construction, maintenance, repair and removal of a single small craft launch site for public access purposes in Zone 2A to limit this activity to one location.

The Musquash Estuary is part of the port of Saint John Harbour and comes under its authority. Therefore, all shipping activities will continue to follow the rules and regulations set out by that authority. There are no port developments presently being reviewed for the Musquash area; however, the Regulations set out for the MPA will impact any potential future developments by the port within the MPA boundaries.

Scientific research, education, archaeology, and habitat restoration activities

The identification of the Musquash Estuary as a potential MPA has resulted in increased research by oceanographers, benthic ecologists, and many other scientists. The Regulations will increase the requirements of proponents of these activities to provide detailed information on planned activities, to conduct activities in a manner that does not damage or destroy the habitat of living marine organisms, to consider potential cumulative effects, and in the case of habitat restoration activities, to be for the purpose of managing the MPA. The added costs of the plan submission and approval process will be minimal and will encourage ecologically responsible behaviour and information sharing.

Commercial tourism

The Musquash Estuary is a coastal location and is easily accessible from the Trans Canada Highway. As such, the Estuary is highly visible and provides numerous recreational opportunities such as kayaking, canoeing and bird watching. The establishment of the MPA may result in the attraction of sightseeing and ecotourism operators, increasing opportunities for this sector in the future. While restrictions within the MPA will apply, such as the speed restrictions for motorized vessels in Zone 2 and 3 and submission of an activity plan, the economic impact to the tourism industry is expected to be a positive one.

Government administration and management

The general costs to the Government for the administration and management of the MPA relate to enforcement, surveillance and monitoring of activities, information management and dissemination, and compliance promotion.

To date, DFO has invested significant program resources into the MPA planning, consultation and designation process. Ongoing and post-designation resource implications for the Department relate to the development and implementation of a management plan, monitoring, and enforcement activities. Costs associated with enforcement activities will be assumed by DFO through existing funding for fisheries officers and should be minimal considering the high level of compliance and relatively small size of this coastal MPA. Supplementary activities such as public awareness and education activities or research may be undertaken by partners such as non-governmental organizations or academic institutions.

The MPA is a long-term management responsibility that will require ongoing resource support within DFO. Where possible, departmental management of the MPA will be undertaken through horizontal program delivery and will be consistent with national and regional strategic and business plans. In most cases, costs related to the MPA will be managed within the Department's existing budgetary allotments. However, the resource requirements associated with the MPA may be incorporated into future Departmental funding submissions and allocation decisions (e.g. the Oceans Action Plan).

The overall value and benefits of the Musquash MPA justify the management costs to the Government of Canada. The effective protection of this important ecosystem through MPA designation and management contributes to a broad range of national and international commitments and responsibilities.

Consultation

The sustained conservation interest in the Musquash Estuary has resulted in a variety of opportunities for broad input into conservation issues and objectives. In 1998, the Musquash MPA Planning Group was established as a means to hold several meetings to gather viewpoints on the conservation needs of the area. This resulted in the formulation of an overall conservation objective and several long-term goals for the Musquash area.

To facilitate the consultative process, an Advisory Committee was established in 2002 to further examine the feasibility of a MPA at the Musquash Estuary site. DFO developed a "management proposal" in fall of 2002 which provided the regulatory intent and other management actions required to protect the Musquash Estuary ecosystem. Consultations concerning the regulatory intent were conducted with all levels of government, First Nations, the industry, stakeholders, coastal landowners and other interested parties.

Other government departments

A number of federal and provincial departments have provided feedback to DFO on the proposed Musquash MPA. In general, other government departments are supportive of the Oceans Act, conservation tools, MPAs, and the Musquash initiative. This is also the case with the Musquash MPA. The majority of questions and concerns raised by other government departments related to potential implications for their respective management and regulatory jurisdictions, and potential resource implications for carrying out any additional functions, services or responsibilities that may be required in relation to the MPA. Another common interest among these departments was for clarity of roles, responsibilities and accountabilities, and for clarity of requirements for activities under their mandates. Effective participation by affected departments in the development of the management plan and supporting measures is seen as a prerequisite for continued support of the MPA.

First Nations

There are currently no aboriginal claims within the proposed Musquash Estuary MPA. It is expected that fisheries and other potential resource interests by First Nations in this area will be addressed through ongoing management processes.

Aboriginal activities at present are relatively limited, although there is evidence of historical use of the resources in the area and of several seasonal camps. There are a few individuals from the Saint John River Band that frequently collect sweet grass in the area. There is also some interest in the potential of a scallop fishery in Zone 3 which would be consistent with the regulatory approach taken in Musquash.

First Nations have been included in all discussions and in the development of the regulatory intent. First Nations interests have been regularly represented by the Union of New Brunswick Indians, Aboriginal Peoples Council, and the Malisset Advisory Council on Archaeology. Other groups kept informed have been Mawiw, the Passamaquoddy-Scoodic Nation, and the Tobique First Nation. There have also been discussions with First Nations Chiefs and First Nations Fisheries Coordinators.

Based on reviews of the regulatory intent to date, First Nations have not raised any concerns regarding this specific MPA designation but have stated the requirement for the development of appropriate mechanisms for consultation and co-operation on MPAs, and marine conservation more generally, in the region. Mechanisms for formal consultation have not yet been defined.

Commercial fishing industry

Musquash was originally proposed as a potential MPA under the Oceans Act by the Conservation Council of New Brunswick (CCNB), with support from the Fundy North Fishermen's Association (FNFA). The support from this fishing organization, whose members are the primary users of the Musquash fishing resources, has been instrumental in advancing the Musquash MPA initiative. The chief concerns of the FNFA were the allowance of continued safe navigation in the vicinity of the Five Fathom Hole wharf and the provision of an ongoing scallop fishery, both of which are addressed in the Regulations.

Other industry groups involved in discussions included the Clam Harvesters Association and the Acadia Seaplants rockweed harvesting company.

Environmental and other interest groups

The CCNB, with support from the FNFA, were the original proponents of the Musquash MPA. As one of the primary users of this area, the FNFA was instrumental in achieving local community acceptance of the Musquash initiative. Early on in the initiative, the CCNB and DFO facilitated several community meetings in the Musquash area to raise awareness and to inform local citizens. CCNB has continued to support and facilitate this initiative. World Wildlife Fund (Canada) participates regularly in all meetings and is an active supporter of the Musquash MPA. The Nature Conservancy of Canada has shown direct support for this initiative and has been able to purchase land in the vicinity of the MPA, which it placed under its protection.

Groups representing the various rural communities along the MPA, such as the Lorneville Recreation Association, the Musquash Local Service District, and Friends of Musquash, have actively participated in this initiative. Specifically, Friends of Musquash was formed to ensure that information flowed to and from the nearby communities and landowners and that appropriate discussions occurred.

Environmental groups are supportive of the designation of the Musquash MPA. Some concerns were raised by these groups about potential environmental impacts from activities around the MPA. Key questions relate to how to ensure that activities outside of the MPA do not negatively impact the MPA. In particular, there were significant concerns over the impact of effluents from the Saint John Estuary or from potential aquaculture or port developments near the entrance to Musquash Harbour. Other concerns relate to shipping activities nearby, specifically tankers carrying orimulsion to Saint John, coastal mineral leases, and emissions from the use of orimulsion in the adjacent Lorneville power plant. Several groups also expressed concerns about allowing scallop fishing in Zone 3.

As a result of the science information on circulation patterns, there is also concern from scientists regarding the location of the outer boundary of the MPA. Science information suggests that the line should be further seaward to capture the body of water that mixes with Musquash twice daily.

In response to the concerns raised above, DFO has stated its commitment to work with the Province of New Brunswick to develop a co-operative management framework for the salt marshes and mud flat complexes of the intertidal zone which surround the Musquash MPA. DFO also recognizes that the MPA tool alone cannot address all issues of concern in this area, especially outside of federal oceans jurisdiction. There is an ongoing need for all interests to work together in addressing regional marine conservation issues.

Strategic environmental assessment

Impacts of the prohibitions and management actions associated with the Musquash MPA are understood, accepted and supported within the community and among the user groups. A Strategic Environmental Assessment (SEA) has been completed for the Musquash Estuary MPA initiative in compliance with the 2004 Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals. Generally, it is anticipated that any environmental effects resulting from the Musquash Estuary MPA will be positive. The management measures associated with the MPA will help to achieve the conservation and protection of this unique and highly productive coastal area.

Compliance and enforcement

Violations of the MPA regulations carry penalties under the Oceans Act ranging from $100,000 to $500,000.

A compliance and enforcement component of the management plan will address the operational responsibilities of DFO to meet regulatory requirements. Fishery officers in the area will serve as the primary enforcement body. Interdepartmental coordination and planning will also be used to ensure efficient, cost-effective use of enforcement assets and capabilities. The use of compliance promotion tools will assist in reducing the cost and resource implications of the MPA. The high level of interest and support by the community in implementing protection for the Musquash Estuary suggests that compliance among local community members will be high.

For enforcement matters falling under the jurisdiction of another body, DFO will provide coordination and support roles as required. Based on current and expected sector activities in and around the MPA, the key agencies include DFO and Environment Canada. Provincial enforcement officers include park wardens. Wherever possible, MPA-related tasks will be incorporated into existing agency enforcement and compliance programs. Restrictions and conditions for activities will be implemented, monitored and enforced through relevant management mechanisms, such as those for pollution prevention or hydrocarbon activity. For activities requiring involvement by multiple agencies, existing interdepartmental arrangements will be used to incorporate MPA enforcement considerations, where applicable. The overall objective is to provide effective coverage, presence and deterrence using existing surveillance, enforcement and compliance programs, arrangements and capabilities.

In addition to government enforcement, compliance promotion approaches will be used in support of the MPA. This will include best practice guidelines for various activities, the recognition and adoption of industry codes of practice, and the promotion and development of stewardship initiatives. It is expected that marine user groups operating in the MPA (e.g. fishers and researchers) or near the area (e.g. the shipping industry and coastal landowners) can contribute to the surveillance and monitoring effort. This will be promoted and supported through the initiatives of the community group Friends of Musquash.

In general, compliance with the Regulations is anticipated to be high. This assessment is based on current industry practice in relation to Musquash and strong levels of commitment and cooperation from partner agencies and the surrounding community.

Tracy Kerluke, Acting Senior Analyst, Marine Protected Areas, Fisheries and Oceans Canada, 200 Kent Street, Ottawa, Ontario K1A 0E6, (613) 991-6692 (telephone), (613) 993-6414 (fax), kerluket@dfo-mpo.gc.ca (email); Dave Luck, Policy Analyst, Legislative and Regulatory Affairs, Fisheries and Oceans Canada, 200 Kent Street, Ottawa, Ontario K1A 0E6, (613) 990-0199 (telephone), (613) 990-2811 (fax), luckd@dfo-mpo.gc.ca (email).