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Pacific north coast integrated management area plan

Table of Contents

1.0 Plan Context

The Pacific North Coast Integrated Management Area (PNCIMA) is one of five national Large Ocean Management Areas (LOMAs) identified in Canada’s 2005 Oceans Action Plan. The PNCIMA plan is the product of a collaborative process led through an oceans governance agreement between federal, provincial and First Nations Footnote 1 governments and contributed to by a diverse range of organizations, stakeholders and interested parties. The plan is strategic in nature and has been developed pursuant to the 2008 Collaborative Governance Memorandum of Understanding (MOU) among Canada, the Province and First Nations.

1.1 Global Context

In the last century, the ocean has been a new frontier for food sources, transportation, recreation, minerals, energy resources and biotechnology. This trend is expected to continue: growing human populations translate to advances in technology, international movement of products, coastal development and recreation, food production and energy from oceans.

However, development has had its costs. The health of oceans throughout the world is declining along with their ability to produce food, protect against storms, process waste and provide other services that are critical to humans and other life forms (Pew Oceans Commission 2003; U.S. Commission on Ocean Policy 2004; Ban and Alder 2007; Ban et al. 2010).

Three main drivers are believed to affect marine sustainability:

  • direct impact of human values and resulting activities in ocean and coastal areas (e.g., unsustainable resource extraction, pollution, urban development and incompatible and crowded ocean uses);
  • climate-related impacts (e.g., changing ocean chemistry, temperature and sea levels); and
  • limitations of many existing management systems (e.g., divided and duplicated jurisdictions and laws, single sector approaches, limited knowledge, and gaps in responsibility for cumulative effects and overall ocean health) (PNCIMA 2010).

The combination of an increase in ocean use and a decline in ocean health has led to greater interest in sustainable ocean management. Planning for more integrated management of oceans is a pragmatic approach to address these challenges and support opportunities presented by collaboration among ocean users.

Integrated management involves the comprehensive planning and managing of human activities to minimize conflict among users; a collaborative approach that cannot be forced on anyone; and a flexible and transparent planning process that respects existing divisions of constitutional and departmental authority and does not abrogate or derogate from any existing Aboriginal rights or treaty rights (DFO 2002b). Benefits of integrated management planning include:

  • reducing cumulative effects of human uses on marine and coastal environments;
  • providing increased certainty for the public and private sector regarding existing and new investments; and
  • reducing conflict between uses (Minister of Public Works and Government Services 2005).

Additional benefits include:

  • integration of data collection and synthesis, monitoring, research, information sharing, communication and education;
  • development of inclusive and collaborative oceans governance structures and processes;
  • application of flexible and adaptive management techniques to deal with uncertainty and improvements in the understanding of marine species and ecosystems; and
  • planning on the basis of natural and economic systems together rather than principally on political or administrative boundaries (DFO 2002b).

Integrated management planning is being implemented at multiple scales by countries and coastal areas in Europe, Australia, Asia and North America. It is informed by international, national and coastal scale processes and sector-based planning initiatives that direct the management of activities.

An important principle that guides integrated management planning is the need to identify ecosystem-based management (EBM) objectives and reference levels to guide the development and implementation of management to achieve sustainable development (DFO 2002b).

1.2 PNCIMA Context

The health of oceans throughout the world is declining along with their ability to produce food, protect against storms, process waste and provide other services that are critical to humans and other life forms.

(Pew Oceans Commission 2003; U.S. Commission on Ocean Policy 2004; Ban and Alder 2007; Ban et al. 2010)

As in other parts of the world, the PNCIMA ocean environment faces challenges. These challenges, as well as important opportunities, have been identified as driving the need for an integrated management plan in PNCIMA (J.G. Bones Consulting 2009).

Humans have lived in this area for thousands of years, sustained by its abundant marine and terrestrial resources, which also shaped the inhabitants’ social, economic and cultural values. Presently, PNCIMA is home to diverse First Nations, coastal settlements and major communities. The inshore waters of PNCIMA support fishing, aquaculture, marine tourism and transportation. The offshore areas support numerous commercial fisheries and transportation, and the potential for energy developments. The region’s ports are conduits of trade linking Canada‘s businesses to markets in North America, Asia and Europe. The area is ecologically unique for the diversity of ocean features it contains and the important habitat it provides for many species. Increased use of the area exerts increased pressure on ecosystems; therefore, it is important to ensure the coexistence of healthy, fully functioning ecosystems and human communities.

The Great Bear Rainforest (Central and North Coast) and Haida Gwaii are both immediately adjacent and inextricably linked to PNCIMA through collaborative efforts among the federal, provincial and First Nations governments to institute terrestrial ecosystem-based management. These efforts, which have taken place over the past 20 years, have resulted in economic and ecological benefits.

The management and regulation of ocean use in PNCIMA involves a number of First Nations, federal and provincial government departments, local governments and organizations with linked, parallel or overlapping roles and responsibilities that require coordination and harmonization. A summary of federal and provincial legislation and regulations relevant to PNCIMA is provided in Appendix 1. In addition, First Nations have laws, customs and traditions relevant to PNCIMA.

1.3 Plan Scope

The PNCIMA initiative’s aim is to engage all interested and affected parties in the collaborative development and implementation of an integrated management plan to ensure a healthy, safe and prosperous ocean area.

The plan is high level and strategic, and provides direction on and commitment to integrated, ecosystem-based and adaptive management of marine activities and resources in the planning area. Work plans will be developed to support implementation of the plan. The plan focuses on the overall management of PNCIMA by considering ocean uses and the environment. This enables marine planning, management and decision-making to occur at appropriate spatial scales from regional to site-specific. It also promotes the consideration of the interactions among human activities, and between human activities and the ecosystem (DFO 2007a).

The plan presents an ecosystem-based management framework that provides context and direction for ocean management. It contains a set of long-term, overarching goals for ecological integrity, human well-being, collaboration, integrated governance, and improved understanding of the area. These goals are supported by more specific objectives that express desired outcomes and conditions for PNCIMA. The goals and objectives provide the basis for defining management strategies and measuring progress on plan implementation. Above all, the ecosystem-based management framework seeks to ensure that relationships between ecosystem and human use objectives are recognized and reflected in future management decisions.

Together, PNCIMA’s EBM framework, information base (Appendix 2) and decision support tools contribute to the foundation for integrated oceans management in the area, and will support and enable integrated management within other planning, regulatory, decision-making and stewardship processes.

The plan is not intended to provide a detailed prescription of all measures required to achieve its objectives. Instead, it aims to enhance and support existing decision-making processes by linking sector planning and management to an overarching EBM framework. The plan also identifies priorities for action that flow from the EBM framework.

Implementation of the plan is expected to result in greater certainty and stability in oceans management; better integration and coordination of new and existing management and planning processes; sustainable management of resources; and contributions to a national network of marine protected areas (MPAs). However, the plan does not establish a new regulatory framework, restrict existing legislative authorities, fetter ministerial discretion, or fetter or restrict authorities or decisions of the First Nations. Implementation of the plan will take place within existing programs and resources, where possible, and may ultimately lead to the identification of new work which will be implemented as resources permit.

1.4 Governments Working Together: a Foundation for the Plan

Case Study: PNCIMA Collaborative Governance Memorandum of Understanding: an Approach to Integrated Oceans Planning

The arrangement created by the PNCIMA MOU established a governance framework for marine use planning in PNCIMA that engages federal, provincial and First Nations governments. The MOU is an example of a proactive approach to collaborative governance on the west coast of Canada.

The governance model adopted for PNCIMA was designed to support key principles of integrated management, including the recognition of existing authorities and jurisdictions of key parties as well as the need for enhanced communications and coordination between federal, provincial and First Nations governments. The application of the PNCIMA governance framework has enabled some unique outcomes to emerge from the planning process, including:

  • the sharing and integration of information and knowledge across the three levels of government and stakeholders to support the development of the plan;
  • the achievement of consistency in concepts and outcomes across marine planning initiatives within PNCIMA;
  • the establishment of enhanced opportunities for First Nations to collaborate and engage meaningfully in integrated oceans planning;
  • the strengthening of relationships between federal, provincial and First Nations governments;
  • the opportunity for stakeholders to engage in the development of the marine plan; and
  • the identification of information and policy gaps that may require further work and coordination to enable effective implementation of the plan.

Maintaining an ongoing, adaptive governance arrangement will support successful implementation of the PNCIMA plan.

The overlap of jurisdiction and management authority on the sea surface, water column and seabed necessitates a concerted effort by First Nations, federal, provincial and local governments to achieve mutually desired and priority goals for PNCIMA (PNCIMA 2010).

Canada, the Province of British Columbia and First Nations each bring their respective authorities and mandates to the PNCIMA initiative. By respecting these, all parties are able to benefit. The PNCIMA process represents an opportunity to implement a model for integrating broader First Nations interests within ocean-related governance mechanisms (e.g., MPA network planning, proposed Scott Islands Marine National Wildlife Area”, SGaan Kinghlas – Bowie Seamount Marine Protected Area, Gwaii Haanas National Marine Conservation Area Reserve and Haida Heritage Site).

In 2002, Fisheries and Oceans Canada (DFO), Indigenous and Northern Affairs Canada (then Indian and Northern Affairs Canada) and the Coastal First Nations (then Turning Point Initiative) signed an Interim Measures Agreement to work towards a government-to-government relationship for marine use planning.

In 2004, the Memorandum of Understanding respecting the implementation of Canada’s Oceans Strategy on the Pacific Coast of Canada was signed by Fisheries and Oceans Canada on behalf of the Government of Canada, and by the Ministry of Agriculture on behalf of the Government of British Columbia (DFO 2004). The purpose of the MOU is to promote collaboration between the federal and provincial governments, specifically in the areas of understanding and protecting the marine environment and supporting sustainable economic opportunities.

In 2005, Canada’s Oceans Action Plan identified PNCIMA as one of five priority LOMAs for the implementation of integrated oceans management planning in Canadian waters (DFO 2005).

On December 11, 2008, Fisheries and Oceans Canada, on behalf of the Government of Canada, the Coastal First Nations and the North Coast- Skeena First Nations Stewardship Society, signed the PNCIMA Collaborative Oceans Governance Memorandum of Understanding (DFO et al. 2008). This MOU established a new governance mechanism through which these groups could work together to support the PNCIMA planning process.

In December 2010, the Province of British Columbia signed onto the PNCIMA Collaborative Oceans Governance MOU, effectively changing the 2008 MOU from a bilateral to a trilateral agreement (DFO et al. 2010). In January 2011, the Nanwakolas Council signed onto the MOU (DFO et al. 2011).

In September 2011, Fisheries and Oceans Canada decided to streamline the integrated planning process for PNCIMA. This decision resulted in a reduction in the plan scope and the withdrawal of First Nations from the planning process. Through the period of 10 months of negotiation, the Coastal First Nations – Great Bear Initiative and the North Coast-Skeena First Nations Stewardship Society re-engaged in the process. The Nanwakolas Council withdrew from the process and the collaborative governance MOU. Through negotiation, the remaining parties to the MOU agreed to continue to work together with stakeholders to develop a higher level, more strategic plan.

Legislation and policies are in place to guide integrated oceans management planning in Canada. Following from Canada’s international obligations under the United Nations Convention on the Law of the Sea, Canada’s Oceans Act came into force in 1997. The Oceans Act calls on the Minister of Fisheries and Oceans to lead and implement integrated management planning for all activities in or affecting estuaries, coastal waters and marine areas, in collaboration with federal, provincial and territorial governments, affected First Nations organizations, coastal communities and stakeholders (Government of Canada 1997). Canada’s Oceans Strategy (DFO 2002a) provides more specific policy direction for implementing the Oceans Act based on the principles of sustainable development, integrated management and the precautionary approach. An accompanying Policy and Operational Framework (DFO 2002b) outlines more specific policy and guidelines for integrated oceans management planning.

Section 35 of the Canadian Constitution Act, 1982 recognizes and affirms the existing Aboriginal rights and treaty rights of Canada’s Aboriginal peoples. Sections 91 and 92 of the Canadian Constitution Act, 1867 set out the division of powers between the federal and provincial governments. Under section 91, Canada has legislative authority over marine areas, fisheries, Indians and lands reserved for Indians. The federal government also has legislative authority over some matters associated with marine pollution and protection of the environment, although the regulation of matters relating to protection of the environment includes several areas that are within the jurisdiction of the provinces. Under section 92, provincial governments have legislative authority over property and civil rights in the province.

In 1984, in the Strait of Georgia Reference, a dispute between Canada and British Columbia, the Supreme Court of Canada was asked whether “all of the lands, including the minerals and other natural resources of the seabed and subsoil covered by the waters of the Strait of Juan de Fuca, the Strait of Georgia (sometimes called the Gulf of Georgia), Johnstone Strait and Queen Charlotte Strait....” were the property of the Province of British Columbia. The Court answered in favour of the Province of British Columbia by finding that, when British Columbia entered Confederation in 1871, the province consisted of all British territories, including those “subject waters and submerged lands...” and “the boundaries of British Columbia has [sic] not changed since that date.”

Various First Nations assert Aboriginal title and rights, including ownership, jurisdiction and management over the lands, waters and resources, including the marine spaces, throughout First Nations Territories in the PNCIMA area.

The importance of First Nations in the governance, stewardship and use of ocean resources is recognized. In addition to those First Nations who are party to the Collaborative Governance MOU, there is a strong commitment to working with other First Nations in the PNCIMA area. PNCIMA is located within numerous First Nations Territories. First Nations have laws, customs and traditions for the protection, management and stewardship of marine areas within PNCIMA. First Nations knowledge, authorities and responsibilities remain vital to ongoing stewardship, management and economic well-being.

Municipalities are established by the provincial legislature, which delegates some of their powers to municipal governments. In British Columbia, the legislature has delegated some authority over land use planning and zoning to local governments.

At the municipal level, bylaws and zoning regulations govern coastal activities of 14 incorporated and 17 unincorporated coastal communities within PNCIMA. Through their work, municipalities and regional districts support socio-economic and ecological systems and contribute to the management of coastal and marine areas through bylaws, zoning and infrastructure planning.

The PNCIMA plan operates within this multijurisdictional context of management and regulation of ocean use in the area and respects existing legal and administrative jurisdictions (DFO 2007a). Regulatory authorities remain responsible and accountable for implementing plan goals, objectives and strategies through management policies and measures within their mandates and jurisdiction.

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