Vol. 144, No. 14 — July 7, 2010

Registration

SOR/2010-153 June 17, 2010

CANADA NATIONAL MARINE CONSERVATION AREAS ACT

Order Amending Schedule 2 to the Canada National Marine Conservation Areas Act

P.C. 2010-797 June 17, 2010

Whereas, in accordance with subsection 7(1) of the Canada National Marine Conservation Areas Act (see footnote a), the proposed amendment to Schedule 2 to that Act has been laid before each House of Parliament together with a report on the proposed reserve;

Whereas the standing committee of each House that considers such matters has reported that it does not disapprove the proposed amendment;

And whereas each House has passed a motion to concur in the report of its respective committee;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to subsection 6(1) of the Canada National Marine Conservation Areas Act (see footnote b), hereby makes the annexed Order Amending Schedule 2 to the Canada National Marine Conservation Areas Act.

ORDER AMENDING SCHEDULE 2 TO THE CANADA
NATIONAL MARINE CONSERVATION AREAS ACT

AMENDMENT

1. Schedule 2 to the Canada National Marine Conservation Areas Act (see footnote 1) is amended by adding the following after the heading “RESERVES”:

GWAII HAANAS NATIONAL MARINE CONSERVATION AREA RESERVE AND HAIDA HERITAGE SITE

In the Pacific Ocean;

Offshore of the shores of Moresby Island and Kunghit Island, said Islands being in the Queen Charlotte Islands and in the Queen Charlotte Land District;

All that part of the Pacific Ocean and Hecate Strait, the bays, the inlets, the sounds, the coves, Burnaby Strait, the harbours, the passages and Houston Stewart Channel being the foreshore and land covered by water lying below the ordinary high water mark (O.H.W.M.) of the Queen Charlotte Islands and more particularly described as follows:

Commencing at the most westerly point of Tasu Head, Moresby Island, on the O.H.W.M. of the Pacific Ocean, said point being at approximate latitude 52°44′03″ and approximate longitude 132°06′35″;

Thence southwesterly in a straight line to a point at latitude 52°40′36″ and longitude 132°13′16″, said point being in the Pacific Ocean approximately 10 km southwesterly from the point on the O.H.W.M. at Tasu Head;

Thence southeasterly in a straight line to a point at latitude 52°00′00″ and longitude 131°18′00″, said point being in the Pacific Ocean approximately 10 km southwesterly of the unnamed islets situated southerly of Anthony Island;

Thence southeasterly in a straight line to a point at latitude 51°47′58″ and longitude 130°53′31″;

Thence northerly in a straight line to a point at latitude 52°12′29″ and longitude 130°49′00″, said point being in Hecate Strait approximately 10 km east of Garcin Rocks;

Thence northwesterly in a straight line to a point at latitude 52°26′49″ and longitude 131°05′19″, said point being in Hecate Strait approximately 10 km east of Scudder Point;

Thence northwesterly in a straight line to a point at latitude 52°50′05″ and longitude 131°20′10″, said point being in Hecate Strait approximately 10 km northeasterly of Lost Islands;

Thence westerly in a straight line to the O.H.W.M. of Hecate Strait at the most northeasterly point of Tangil Peninsula at Porter Head at approximate latitude 52°48′35″ and approximate longitude 131°39′20″, said line passing approximately 2 km north of Lost Islands;

Thence generally southerly and westerly along the O.H.W.M. of Tangil Peninsula following Laskeek Bay, Logan Inlet and Crescent Inlet to the straight line running from the northeast corner of District Lot 663 to the peak at the intersection of the northerly boundary of the watershed of Crescent Inlet with the watershed boundary separating those waters that flow into Dana Inlet from those that flow into Logan Inlet, said peak being at approximate latitude 52°46′37″ and approximate longitude 131°49′09″;

Thence southwesterly across Crescent Inlet, along the above-mentioned straight line running from the northeast corner of District Lot 663 to said peak at approximate latitude 52°46′37″ and approximate longitude 131°49′09″, to the O.H.W.M. of Moresby Island on the southerly shore of Crescent Inlet;

Thence generally southeasterly, southerly, westerly and northwesterly along the O.H.W.M. of Moresby Island to the point of commencement.

Save and except the following described parcels:

All that foreshore or land covered by water lying below the O.H.W.M. of the Queen Charlotte Islands and more particularly described as follows:

AREA 1

Commencing at Poole Point, being a point on the easterly O.H.W.M. of Burnaby Island at approximate latitude 52°22′23″ and approximate longitude 131°14′35″;

Thence in general southwesterly and westerly directions along the O.H.W.M. of Burnaby Island to the most northerly point at Swan Bay at approximate latitude 52°21′00″ and approximate longitude 131°18′10″;

Thence southeasterly in a straight line to the intersection of the 52°20′15″ parallel of north latitude with the 131°17′00″ meridian of west longitude;

Thence due east to a point lying due south of Poole Point, being a point on the easterly O.H.W.M. of Burnaby Island and the point of commencement;

Thence due north to Poole Point, being the point of commencement.

AREA 2

Commencing at the most easterly point of Ikeda Point, being a point on the O.H.W.M. of Moresby Island at the entrance of Ikeda Cove at approximate latitude 52°18′55″ and approximate longitude 131°08′10″;

Thence in general southwesterly, easterly and northeasterly directions along the O.H.W.M. of Moresby Island (Ikeda Cove) to the most northerly point of Awaya Point at approximate latitude 52°18′40″ and approximate longitude 131°08′10″;

Thence northerly in a straight line to Ikeda Point, being the point of commencement.

Explanatory Note: All latitudes and longitudes described in the preceding description are referred to the North American Datum of 1927; all topographic features are according to the Gazetteer of Canada (British Columbia), Third Edition, Ottawa 1985, and to the following National Topographic Series (NTS) maps: Edition 2 of Moresby Island (103 BC) produced at a scale of 1:250,000 by the Army Survey Establishment at Ottawa, Edition 3 of Tasu Head (103 C/9), Louise Island (103 B/13 & 103 B/14), Darwin Sound (103 B/12), Ramsay Island (103 B/11), Gowgaia Bay (103 B/5), Burnaby Island (103 B/6), Kunghit Island (103 B/3), Cape St. James (102 O/14 & 102 O/15) and Edition 2 of Lyman Point (103 B/2W) produced at a scale of 1:50,000 by the Department of Energy, Mines and Resources at Ottawa; and to Canadian Hydrographic Service (CHS) Chart LC 3853 produced at a scale of 1:150,000 by the Department of Fisheries and Oceans at Ottawa.

COMING INTO FORCE

2. This Order comes into force on the day on which it is registered.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Order.)

Executive summary

Issue

The Parks Canada National Marine Conservation Areas System Plan defines and describes 29 marine regions in Canada, each characterized by distinct natural features. The Agency is working to create at least one marine conservation area to represent each marine region. Potential marine conservation areas are evaluated to determine how well they represent the natural characteristics of the region and to assess the degree to which the area remains in a natural state.

The Gwaii Haanas Marine Area represents two Pacific marine regions: the Queen Charlotte Shelf Marine Region to the west, and the Hecate Strait Marine Region to the east at the southern end of Haida Gwaii. This marine area has been identified as optimally meeting the establishment criteria for a “marine conservation area reserve.” The boundaries for this protected marine area surround the established Gwaii Haanas National Park Reserve of Canada and include cultural and spiritual resources of great importance to the Haida Nation. These resources are evidence of an extensive history of Haida occupation and reflect the post-contact history of European settlement on Haida Gwaii, closely associated with the growth of forestry, mining, fishing, and marine transportation.

The Haida declared both the land and waters of the Gwaii Haanas Marine Area as a Haida Heritage Site in the 1980s and have undertaken measures to provide for the long-term protection, sustainable use and enjoyment of this unique marine area.

The establishment of a marine conservation area reserve in this region fulfills the Government of Canada’s agreements made to the Province of British Columbia and the Council of the Haida Nation. The first, the federal/provincial South Moresby Agreement signed in 1988, committed to establish a national park and a marine park. The second, the Canada/Haida Gwaii Haanas Marine Agreement signed in January 2010, allows for the implementation of a cooperative management approach between the Government of Canada (represented by Parks Canada and Fisheries and Oceans Canada) and the Council of the Haida Nation. In this agreement, Canada and the Haida Nation agree to protect and conserve the marine ecosystems of the Gwaii Haanas Marine Area, maintain the continuity of Haida culture, including traditional renewable resource harvesting, as well as to provide for continued ecologically sustainable use of the marine resources.

Objectives

Marine conservation areas are established for the purpose of protecting and conserving representative marine areas for the benefit, education and enjoyment of the people of Canada and the world.

Description

The Order in Council completes the establishment process by adding the legal description of the Gwaii Haanas Marine Area to Schedule 2 to the Act. The Gwaii Haanas Marine Area now enjoys the highest standard of legal protection afforded by Canada. Provisions in the Act prohibit exploration and exploitation of hydrocarbons, minerals, aggregates or any inorganic matter.

The Gwaii Haanas Marine Area represents Pacific Regions 1 and 2 (i.e. Hecate Strait and Queen Charlotte Islands Shelf) of the Parks Canada National Marine Conservation Areas Systems Plan. Situated in the southern portion of Haida Gwaii (Queen Charlotte Islands) in British Columbia, the Gwaii Haanas Marine Area sets aside 3 500 km² of water and seabed supplementing the existing Gwaii Haanas National Park Reserve of Canada (1 367 km²) for a combined protected area encompassing more than 5 000 km².

This is a marine area of many transitions — between the deep sea plains, continental slope, shallow shelf, and the dramatically up-thrust landmass of the islands. The Gwaii Haanas Marine Area supports some of the most abundant, diverse and distinct marine communities found in temperate waters anywhere in the world, including species at risk and some of the world’s largest marine mammals, e.g. sea lions, dolphins and humpback and endangered orca whales. Over 3 500 marine species have been identified around Haida Gwaii, and this number will continue to expand as our understanding of the marine environment improves. This abundance of life has supported the Haida way of life, as well as coastal communities and commercial fisheries for generations.

The coast of the Gwaii Haanas Marine Area is also archaeologically rich and testifies to over 12 000 years of human occupation. It has over 600 identified coastal archaeological sites, and many of these hold great importance, cultural and spiritual, to the Haida Nation. Artifacts excavated from the seabed within the Gwaii Haanas Marine Area tell of Haida habitation at the mouths of ancient rivers now blanketed by the sea. Upland sites adjacent to the Gwaii Haanas Marine Area recount an extensive history of Haida occupation and reflect the post-contact history of European settlement on Haida Gwaii, closely associated with the growth of forestry, mining, fishing, and marine transportation. Shipwrecks of historic and cultural value have been reported within the boundaries; the establishment of Gwaii Haanas Marine Area under the Act protects and conserves these cultural resources.

In accordance with the Act, the Gwaii Haanas Marine Area is managed for a period of up to five years under the direction of an interim management plan. The plan sets out the vision, guiding principles, management objectives and implementation strategies to guide operations and further planning work, leading towards the development of a comprehensive management plan. The interim management plan also includes a preliminary zoning plan that outlines initial zoning commitments, as required by the Act.

The interim management plan and consultation program undertaken in support of the Gwaii Haanas Marine Area have been led by a Project Team with representation from Parks Canada, Fisheries and Oceans Canada, the Council of the Haida Nation, and the Province of British Columbia. In addition, the Project Team included several fisheries advisors, recognizing the complexity of fisheries-related matters. These individuals served to provide advice on how to best engage the various fishing sectors through the establishment process, as well as to assist in making direct contact with the various First Nations, commercial and recreational fishing sector groups and organizations.

In 2008, an interim marine advisory committee, a small multi-stakeholder group comprised of 12 Haida Gwaii residents, was formed to engage a cross-section of stakeholders and community interests, expertise and geographic areas in the interim management planning process. This committee met regularly to discuss and assist in identifying management priorities to be undertaken post establishment, as well as identifying a modest number of zoning commitments to be made at the time of establishment.

The modest zoning commitments provided in the interim management plan (amounting to approximately 3% of the total Gwaii Haanas Marine Area) protect an initial sample of key ecological areas, special, rare and sensitive ecosystem elements, and areas of high cultural significance in Gwaii Haanas. This interim zoning plan respects Parks Canada’s marine conservation mandate to protect and conserve heritage resources (ecological and cultural) for present and future generations, while being highly sensitive to the operational realities and ongoing opportunities of existing resource users/sectors, including commercial and recreational fishing. The modest zoning commitments in the interim management plan are not expected to have substantive measurable impacts on the fishing sector or other stakeholder groups. The interim management plan and zoning plan have been developed in partnership with Fisheries and Oceans Canada and the Council of the Haida Nation.

Regulatory and non-regulatory options considered

Subsection 6(1) of the Act states that, for the purpose of establishing a marine conservation area reserve, the Governor in Council may, by order, amend Schedule 2 by adding the name and description of the reserve. In this context, the only alternative would have been to amend the Act by an act of Parliament.

Benefits and costs

The conservation of the natural and cultural resources within the Gwaii Haanas Marine Area will provide many benefits. This includes benefits to the Haida Nation by preserving their heritage and by ensuring the continuation of their traditional ways of life. This will benefit Canadians who may visit the Gwaii Haanas Marine Area to enjoy directly its natural beauty as well as those who will appreciate that Canada is preserving such natural and historical areas for future generations. The sustainable approach to fisheries will benefit the recreational and commercial fishing industries. Finally, the establishment of the Gwaii Haanas Marine Area creates new opportunities for the tourism industry and research communities.

The full cost-benefit analysis is available upon request.

The following is a summary of the cost-benefit analysis:

Rationale

Benefits

The creation of the Gwaii Haanas Marine Area provides benefits to a variety of key groups and stakeholders in Canada in the following ways:

1. Haida Nation

A central tenet of the Gwaii Haanas Marine Agreement established between the Government of Canada and the Council of the Haida Nation is to ensure continuity of the Haida culture as well as increased public awareness of the historic value that the Haida have placed on conservation of marine resources. When established, the Gwaii Haanas Marine Area will also help increase recognition by Canadians and especially its visitors of the cultural values that represent the foundation of the Haida Nation and continue to provide economic and employment opportunities as well as ensure that Haida traditional activities and way of life will continue. Numerous sites of spiritual and cultural importance to the Haida Nation are found within the Gwaii Haanas Marine Area. Research, monitoring and protection of these invaluable attributes of the cultural seascape will be key elements of management plans.

2. Canadian public

The Government of Canada has made a clear commitment in the Act to protect representative marine ecosystems as a legacy for future generations and to protect species at risk. Studies completed by other nations have shown that it is possible to assign a monetary value to protecting the marine environment. A 2005 public survey in the Philippines found that citizens were willing to pay (see footnote 2) between $3.90 and $14.29 (CAD 2010) annually for five years to protect the Tubbataha Reefs National Marine Park. The willingness to pay to protect the reef was based on non-use values and did not require that respondents actually planned to visit or use resources from the marine area (often called existence value). The Tubbataha Reefs National Park and the Gwaii Haanas Marine Area are very similar in that they contain ecosystems with high degrees of biodiversity. The values derived from this study were applied directly to the population of British Columbia where awareness of the Gwaii Haanas Marine Area is estimated to be high. Using this methodology, overall benefits of $66 million (CAD 2010) were estimated. If this methodology were to be expanded to include all of Canada, the benefits could exceed $500 million dollars. Since disposable income in Canada is much higher than in the Philippines, it is very likely that willingness to pay for preservation of biodiversity is actually much higher.

3. Commercial fisheries

Just as the waters of the Gwaii Haanas Marine Area’s ecosystems have supported Haida communities for millennia, today they also support a wide variety of commercial and recreational fisheries. The Act explicitly provides for the ecologically sustainable use of renewable resources within marine conservation areas, meaning that all human activities must be conducted in ways that do not compromise the structure and function of ecosystems. Over time sustainable fishery plans aimed at conserving and where possible enhancing marine resources both within the Gwaii Haanas Marine Area as well as in surrounding ocean waters will increase opportunities and benefits for fisheries in the region. The Gwaii Haanas Marine Area will over time offer a demonstration of best practices in fisheries management and also act as an example for other areas in Canada.

4. Government of Canada

The establishment of the Gwaii Haanas Marine Area helps meet the commitments of the Act and also represents a significant contribution to the implementation of Canada’s Ocean Strategy (2002) and the Federal Marine Protected Areas Strategy (2005), both of which are legally grounded in the Oceans Act. By fulfilling the terms of the South Moresby Agreement and the Gwaii Haanas Marine Agreement, the Government of Canada has increased its credibility as a trustworthy partner and can present these commitments as strong examples when negotiating similar future agreements. This will also support Canada’s efforts to achieve reconciliation with aboriginal peoples.

5. Parks Canada

Parks Canada may experience a marginal growth in revenues from entrance fees paid to access the existing Gwaii Haanas National Park Reserve of Canada collected from non-Canadians; fees collected from Canadians are considered a transfer payment and are therefore not included. Non-Canadians normally purchase $20 day passes based on the number of days spent visiting the national park reserve. The estimated additional present value gained by the establishment of the Gwaii Haanas Marine Area over the next 10 years is approximately $85,000. If this figure is expanded to include all visitors (Canadian and foreign) the total increase in revenues collected will be almost four times greater since foreign tourists make up only 27% of the marine area visitors.

6. Parks Canada, Fisheries and Oceans Canada, and the Haida Nation

The Gwaii Haanas Marine Agreement is founded on the existing collaborative partnership between the Government of Canada and the Council of the Haida Nation and provides that the current Archipelago Management Board will have new responsibilities and members including a representative of Fisheries and Oceans Canada. The Board is a highly regarded and successful model of cooperative planning, management and decision making and makes consensus-based decisions related to planning and management. In its new capacity, the Board will ensure that the spirit and intent of the Act are met. This includes the principle of maintaining and restoring healthy and productive ecosystems within the Gwaii Haanas Marine Area. A new multi-interest Marine Advisory Committee will also be established to advise the Minister of Environment on the formulation, review and implementation of the management plan for the Gwaii Haanas Marine Area. Integration will be facilitated with other marine-based planning processes such as the Haida Marine Use Planning and the Pacific North Coast Integrated Management Area initiatives.

7. Science and academia

Research and monitoring within the Gwaii Haanas Marine Area will initially focus on four specific themes: (1) marine biodiversity and ecosystem functions; (2) natural and social science; (3) cultural resource values and Haida traditional knowledge; and (4) the concept and practice of ecologically sustainable use. Several key monitoring initiatives are already underway, including assessing near-shore ecosystems, measuring effects of climate-related sea level changes on shorelines, and examining predator-prey relationships and their effect on kelp-forest ecosystem dynamics. The long-term benefits include better understanding and management of the Gwaii Haanas Marine Area and assist in the identification of new conservation priorities. Others will gain from new research opportunities, including within the academic community and environmental non-government organizations, which will help to establish the Gwaii Haanas Marine Area as a benchmark for scientific and cultural understanding, not only in Canada but throughout the world.

8. Local tourism operators and coastal communities

Many visitors to the existing Gwaii Haanas National Park Reserve of Canada rely on tour operators to gain access to the protected marine area. Establishment of the Gwaii Haanas Marine Area is expected not only to encourage more visitors and demands for tourism services but may also bring other new business opportunities such as diving and other marine recreation uses. Based on normal business practices, it is projected that most tour operators will likely seek a profit margin of 15%. Based on this assumption and projected increases in revenue collected from foreign tourists, present value benefit of approximately $200,000 was estimated. Expenditures by Canadian visitors were not included in this figure since they are simply choosing where to spend disposable income within the country and not adding to overall revenues for Canada as a whole. However, while this is not to be considered a benefit to Canada as a whole, it is expected to provide significant benefit to the local economy. If revenues from all visitors (Canadian and foreign) are included, regional revenues generated by the Gwaii Haanas Marine Area based on tourism industries are projected to increase by almost $1.5 million annually (by 2019). This value includes the estimated revenues to tour operators as well as other tourist services within coastal communities such as transportation, accommodation and food.

9. Visitors

The establishment of the Gwaii Haanas Marine Area will further enhance awareness and recognition by Canadians, especially those who choose to visit this beautiful Pacific coast wilderness marine area and enjoy the many opportunities offered to them. A monetary value for this was calculated by comparing the Gwaii Haanas Marine Area to a proposal for increased protection of a marine reserve in the Florida Keys in 2003. A survey of the preferences sought by recreational visitors to that marine area estimated an increase in consumer surplus (see footnote 3) of US $122/visitor per day (an increase of 69% or US $84 per day), based on a combined model of travel cost and contingent behaviour. A similar increase for Canadian visitors following the establishment of the Gwaii Haanas Marine Area provides an estimated gain in benefits of over $10 million (CAD 2010).

Costs

To achieve these benefits Canadians will also incur some costs, which are described below:

1. Visitors and recreational fisheries

Certain activities may be restricted in order to assist in the sustainability of the Gwaii Haanas Marine Area. Recreational fishers are also constrained from fishing in designated areas. In addition, new restrictions may be introduced to ensure the sustainability of marine resources and to enable the continuation of traditional uses. These are expected to have a minimal impact on the overall enjoyment of the marine area for these stakeholders.

2. Commercial Fisheries

Certain activities or levels of activities are constrained within the fully protected areas to ensure the long term sustainability of marine resources. The initial impact on industry should not have any measurable impacts or loss of fishing opportunities since no more than 3% of the total Gwaii Haanas Marine Area will be identified as fully protected zones. In the longer term, a comprehensive management plan will be developed following the establishment of the Gwaii Haanas Marine Area, and will incorporate substantial and ongoing consultations with the fishing industry and other interests. The development of a zoning plan as part of the management planning process will identify areas that warrant a high level of protection and those areas within which ecologically sustainable uses can occur. This management in time and space through zoning will enable the coexistence of sustainable use opportunities and ecosystem and cultural resource protection priorities within the Gwaii Haanas Marine Area. An evaluation process, with opportunities for input from all stakeholders, will be necessary to gain a better understanding of the socio-economic benefits of existing and potential activities, and to determine the appropriate levels of protection and ecologically sustainable human activities.

3. Parks Canada, Fisheries and Oceans Canada, and the Haida Nation

Parks Canada, Fisheries and Oceans Canada, together with the Haida Nation, will need to build added capacity to fulfill commitments made to support the Gwaii Haanas Marine Area and the new fully protected zones described in the interim management plan. To implement the new protection measures, Parks Canada will realign existing capacity as well as commit new resources where required. Supplemental resource needs include the addition of 10 full-time positions (full implementation to be achieved within three years following establishment). Two full-time positions will also support the expanded Archipelago Management Board. Total costs for Parks Canada, Fisheries and Oceans Canada and the Haida Nation are expected to be approximately $7 million over the next 10 years.

Table 1. Monetizable Impacts

Monetizable Impacts 2010–2019 (million 2010 CAD)
Stakeholder	PV 1 Costs	PV 1 Benefits	Base Year (2010)	Final Year (2019)	Average
Haida Nation	$0.6		$0.1	-	$0.07 (cost)
BC Residents (Canadian Public)		$66.8	$14.4	$1.0	$7.9 (benefit)
Parks Canada	$4.9	$0.08	$0.3	$0.03 (benefit) $0.7 (cost)	$0.01 (benefit) $0.7 (cost)
Fisheries and Oceans Canada	$1.3		$0.07	$0.2	$0.2 (cost)
Tourism Operators		$0.28	-	$0.09	$0.05 (benefit)
Visitors		$10.1	$1.7	$2.4	$2.0 (benefit)
Total	$6.8	$77.2
Net Present Value1	$70.3
Cost / Benefit Ratio2	$1 / $11.2

¹ Net Present Value = Today’s value of future benefits and costs.

² Cost / Benefit Ratio = Total benefits for each cost incurred by this OIC.

Table 2. Qualitative Impacts

Qualitative Impacts

Stakeholder	Impact Type	Description
Haida Nation	Benefit	Assist in the protection of areas of significance to the Haida Nation, including opportunities to continue traditional lifestyles.
		Increase employment opportunities for members of the Haida Nation as a result of additional positions, management and operational position, tourism opportunities, fishing and other indirect benefits.
Canadian public	Benefit	Maintain areas of ecological importance and preserve representative ecosystems for future generations.
Commercial fisheries	Benefit	Increased fish populations due to the development of a sustainable fishery plan, which could increase the efficiency and benefits to fisheries taking place within and outside the waters of the Gwaii Haanas Marine Area waters. It could also assist in an increase in the variety of fisheries that are viable.
		Improve fisheries management across Canada by using the Gwaii Haanas Marine Area to pilot innovative approaches and profile best management practices.
The Canadian governments	Benefit	Fulfill commitments under two constitutive Agreements and two Strategies. This increases the credibility of the federal government as a trustworthy partner and facilitates future agreements of a similar nature.
		Support pathways and opportunities leading to reconciliation with aboriginal peoples.
Parks Canada, Department of Fisheries and Oceans, Haida Nation	Benefit	Achieve a collaborative approach in the development of plans and management of the Gwaii Haanas Marine Area.
Science & academia	Benefit	Provide opportunities for further research activities that will inform and benefit others.
Coastal communities	Benefit	May have positive effects on commercial activities such as increased tourism and other indirect activities.
Visitors	Benefit	Improved experience for the youth and educational programs related to natural and cultural resources and to marine conservation in general.
Visitors	Cost	Activities are restricted in some areas to ensure that ecosystem, cultural and sustainability goals are achieved.
Commercial/ recreational fishers	Cost	Activities are constrained and restricted in defined areas to ensure the sustainability of the resources.
		Activities or levels of activities may be constrained to ensure long-term sustainability of marine resources. This will be considered in the context of the development of the management plan, which is reviewed every five years.
Parks Canada, Department of Fisheries and Oceans, Haida Nation	Cost	Capacities to fulfill commitments made to support the Gwaii Haanas Marine Area will need to be supplemented.

Strategic environmental assessment

A Strategic Environmental Assessment has been completed. It found that the establishment of the Gwaii Haanas Marine Area will produce incremental environmental benefits, most particularly the benefits of increased protection and conservation of marine biodiversity, cooperative management and the fostering of ecologically sustainable use. No negative environmental effects are anticipated. Because access to the Gwaii Haanas National Park Reserve of Canada has been via the marine environment since 1988, Parks Canada has developed, together with the Council of the Haida Nation and the tourism industry, an effective approach to managing visitors to the Gwaii Haanas Marine Area. Although the establishment of the Gwaii Haanas Marine Area may see an increase in visitation as a possible stressor, establishment under the Act provides the regulatory authority to better manage visitation to the area beyond the inter-tidal area.

Consultation

The establishment of the Gwaii Haanas Marine Area has been fundamentally shaped by a comprehensive strategy for public outreach and consultation.

The Haida Nation has been continuously engaged as a key partner and since 2006, others have become involved, such as government agencies and departments, including Fisheries and Oceans Canada, Transport Canada, the Province of British Columbia, and stakeholders including the commercial fishing industry, island and coastal communities and the general public.

Local public outreach and engagement initiatives found a high level of support for the establishment of the Gwaii Haanas Marine Area. Overall, there is broad support from the Haida Nation, local communities, the Canadian public and stakeholders, including environmental non-government organizations.

Sequence of events

Consultations were initiated in 2006. Initial meetings took the form of information sessions where groups and individuals, commercial fishers and people living on Haida Gwaii in various island communities attended.

Between 2008 and 2010, the consultation program became far more focused, recognizing the need for dialogue with commercial and recreational fishery sectors, other marine sector stakeholder groups and island communities. In the past 18 months alone, more than 70 meetings were held with commercial and recreational fishing sectors, groups and fishing industry organizations; during that period of time, at least three rounds of consultations were held with each of the fishing industry sector groups.

First Nations

The Government of Canada’s partnership with the Haida Nation has shaped all aspects of the planning and consultation process. Consultations with chiefs, elders, and community members have consistently stressed the Haida Nation’s desire to protect and conserve the waters surrounding Gwaii Haanas National Park Reserve of Canada, dating back to the Haida Nation’s own designation of the lands and waters of the southern archipelago as a Haida Heritage Site (1985).

Parks Canada has also consulted with a range of other north and central coast First Nations. All First Nations within this region were formally contacted regarding the level of engagement they sought to have in the establishment and management planning processes. Most did not seek further engagement in the process and several stated that this was out of respect for the undisputed claim by the Haida Nation to the lands and surrounding waters of Haida Gwaii.

Commercial and recreational fishers

Parks Canada and Fisheries and Oceans Canada staff, in close cooperation with the Council of the Haida Nation, consulted extensively with over 40 commercial and recreational fishing sectors representatives, industry groups and associations. As well, efforts were made to integrate with other multi-sectoral fisheries and marine planning processes. Recognizing the significance of these waters to a variety of fishing sectors, and that the Gwaii Haanas Marine Area is the first initiative of its scope and type, consultations have been proactive and adaptive and have resulted in critical key changes to planning and zoning for the future protected marine area. Perspectives shared by the various fishing sectors have been instrumental in shaping the interim management plan, ensuring that the commitments made at establishment are practical in order to meet the operational needs and realities of the various fishing sectors.

Despite the extensive consultations with commercial fishing sectors as well as industry groups and organizations, some fishing sector representatives have continued to express doubts and concerns that the new Gwaii Haanas Marine Area may lead to future loss of fishing opportunities. The Government of Canada has made a firm commitment to continue engaging the fishing industry on future planning and management direction for the marine area. Furthermore, fishing industry representation will be sought on the new Marine Advisory Committee required by the Act to provide advice to the Minister of Environment as well as other involved organizations, including the Council of the Haida Nation and Fisheries and Oceans Canada, about the development, review and implementation of the management plan for the Gwaii Haanas Marine Area.

Tourism industry

Over 10 tour operators who work in the Gwaii Haanas Marine Area, including local tour operators, contributed significantly to the development of the interim management plan. Given that the Gwaii Haanas Marine Area is a remote wilderness region, independent tour operators play a critical role in transporting visitors as well as facilitating their stay within the area. This sector is supportive of efforts to establish the Gwaii Haanas Marine Area.

Environmental non-governmental organizations and academia

Finally, environmental non-governmental organizations (ENGOs), the academic sector and interested individuals from a variety of marine science and social science disciplines have also been consulted. This led to the establishment of the National Marine Conservation Area Science Network, an independent, multi-disciplinary group of ecological and social science practitioners who have provided advice and guidance on research and protection considerations relating to marine conservation areas. Whether through the work of the science network, or other means, the ENGOs and academic sectors have indicated that they solidly support establishment of the Gwaii Haanas Marine Area. They have repeatedly emphasized that strong and lasting measures are needed to protect the Gwaii Haanas Marine Area.

The Order in Council together with a report on Gwaii Haanas Marine Area was tabled in the House of Commons on June 7, 2010, and in the Senate on June 8, 2010. Both Houses have concurred with the proposal to formally establish the Gwaii Haanas Marine Area.

Implementation, enforcement and service standards

The Gwaii Haanas Marine Area will operate under an interim management plan and zoning plan that was submitted to Parliament together with this Order in Council. Parks Canada, in cooperation with the Council of the Haida Nation, and in consultation with the public and stakeholders, will have five years to develop a management plan and table it in Parliament. The management plan will aim to articulate the full management concept, including related zoning commitments, and address the broad objectives articulated within the Act. As was the case for the interim management plan, this plan will also be tabled in Parliament.

Collaborative approaches will be developed between Parks Canada, Fisheries and Oceans Canada and the Council of the Haida Nation to provide for the operation and regulatory enforcement of the Gwaii Haanas Marine Area. This allows for coordination and cooperation between two federal protected areas — the Gwaii Haanas National Park Reserve of Canada and the Gwaii Haanas Marine Area — so that land and sea can be managed more effectively. This builds on the existing agreement between the Government of Canada and the Council of the Haida Nation that has been in place for over 17 years.

With the approval of the Order in Council, Parks Canada park wardens may now enforce the Agency’s legislative regime for which they are already trained and equipped. A collaborative working relationship will be established with the Royal Canadian Mounted Police and Fishery Officers from Fisheries and Oceans Canada based on Haida Gwaii. In addition, other Parks Canada staff members have been trained in prevention methods and techniques that focus on visitor awareness and understanding to achieve voluntary compliance with the legislative regime.

Any prohibited or unauthorized activity or use in the Gwaii Haanas Marine Area constitutes an offence under the Act and regulations that are to be developed and enacted under the Act. In the event of non-compliance with the Act or regulations, a charge could be laid pursuant to section 24 of the Act for which a fine of up to $100,000 on summary conviction, and up to $500,000 on indictment, could be imposed. These fines will increase up to $300,000 on summary conviction, and up to $1,000,000 on indictment, once the amendments to the Act made by the Environmental Enforcement Act enter into force.

Contact

Julie Lacasse
Policy and Regulatory Advisor
Legislative and Regulatory Affairs
Legislation and Policy Branch
National Parks Directorate
Parks Canada
25 Eddy Street, 4th Floor, Room 400 (25-4-Q)
Gatineau, Quebec
K1A 0M5
Telephone: 819-994-5138
Fax: 819-997-0835
Email: julie.lacasse@pc.gc.ca

Footnote a
S.C. 2002, c. 18

Footnote b
S.C. 2002, c. 18

Footnote 1
S.C. 2002, c. 18

Footnote 2
Willingness to pay is the maximum amount a consumer is willing to pay to receive a good or service.

Footnote 3
Consumer surplus is a measure of the difference a person pays for a good or service and how much they would have been willing to pay. For instance if someone buys a TV set on sale for $500 but they would have been willing to pay the full price of $750 then the consumer surplus would be $250.

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