Management Plan for Race Rocks MPA, Nov 2010 Draft

Executive Summary

Race Rocks was designated an Ecological Reserve in 1980 by the BC Government. In September 1998, Race Rocks (XwaYeN) was proposed as a Pilot MPA (Area of Interest) by DFO. In 2004 Race Rocks became a Rockfish Conservation Area (RCA) to protect inshore rockfish and lingcod and their habitat from recreational and commercial fishing pressures.

A Marine Protected Area (MPA) under the Oceans Act is a are geographically defined areas in the marine environment dedicated and managed for the long-term conservation of nature. Fisheries and Oceans Canada (DFO) designates marine protected areas under the HYPERLINK “http://laws.justice.gc.ca/en/O-2.4/text.html” Oceans Act in order to protect and conserve:
Commercial and non-commercial fishery resources, including marine mammals, and their habitats;
Endangered or threatened marine species, and their habitats;
Marine areas of high biodiversity or biological productivity; and
Unique habitats;
Any other marine resource or habitat as is necessary to fulfill the Minister’s mandate (of Scientific Research).
There is considerable scientific evidence that marine protected areas and networks provide a number of ecological benefits, including the enhanced recruitment of fish species, including those of commercial value, through the protection of spawning areas, larval sources, habitats and migration routes. In addition, benefits of marine protected areas and networks extend beyond the ecological as there are often social, cultural and economic benefits to establishing and managing marine protected areas. On ?????, the Race Rocks (XwaYeN) Pilot MPA received formal designation as an Oceans Act marine protected area. As a result of this designation, the waters surrounding Race Rocks are now a federal MPA.

Introduction
Race Rocks (XwaYeN), located 17 km southwest of Victoria in the Strait of Juan de Fuca, consists of nine islets, including the large main island, Great Race. Named for its strong tidal currents and rocky reefs, the waters surrounding Race Rocks (XwaYeN) are a showcase for Pacific marine life. This marine life is the result of ideal oceanographic conditions, supplying the Race Rocks (XwaYeN) area with a generous stream of nutrients
and high levels of dissolved oxygen. These factors contribute to the creation of an ecosystem of high biodiversity and biological productivity.

In 1980, the province of British Columbia, under the authority of the provincial Ecological Reserves Act, established the Race Rocks Ecological Reserve. This provided protection of the terrestrial natural and cultural heritage values (nine islets) and of the ocean seabed (to the 20 fathoms/36.6 metre contour line). Ocean dumping, dredging and the extraction of non-renewable resources are not permitted within the boundaries of the Ecological Reserve. However, the Ecological Reserve cannot provide for the conservation and protection of the water column or for the living resources inhabiting the coastal waters surrounding Race Rocks (XwaYeN) as these resources are under the jurisdiction of Fisheries and Oceans Canada (DFO).

The federal government, through the authority of the Oceans Act (1997), has established an Oceans Strategy, which is based on the principles of sustainable development, integrated management and the precautionary approach. Part II of the Oceans Act also provides authority for the development of tools necessary to carry out the Oceans Strategy, tools such as the establishment of Marine Protected Areas. This federal authority will complement the previously established protection afforded the area by the Ecological Reserve, by affording protection and conservation measures to the living marine resources.

Under Section 35 of the Oceans Act, the Governor in Council is authorized to designate, by regulation, Marine Protected Areas (MPA) for any of the following reasons:
the conservation and protection of commercial and non-commercial fishery resources, including marine mammals and their habitats;
the conservation and protection of endangered or threatened species and their habitats;
the conservation and protection of unique habitats;
the conservation and protection of marine areas of high biodiversity or biological productivity; and
the conservation and protection of any other marine resource or habitat as is necessary to fulfill the mandate of the Minister of Fisheries and Oceans.

In 1998, the Minister of Fisheries and Oceans announced Race Rocks (XwaYeN) as one of four pilot Marine Protected Area (MPA) initiatives on Canada’s Pacific Coast. Race Rocks (XwaYeN) meets the criteria set out in paragraphs 35(1) (a), (b) and (d) above. Establishing a MPA within the Race Rocks (XwaYeN) area will provide for a more comprehensive level of conservation and protection for the ecosystem than can be achieved by an Ecological Reserve on its own. Designating a MPA within the area encompassing the Ecological Reserve will facilitate the integration of conservation, protection and management initiatives under the respective authorities of the two governments.

Since 1977, faculty, students and staff at Pearson College have been involved with Race Rocks (XwaYeN). The college is committed to explore and expand its research and education opportunities available at Race Rocks (XwaYeN) as well as maintain a long term presence as the custodian of the Ecological Reserve. Any and all research or educational activities to take place in the Race Rocks (XwaYeN) ecological reserve requires a permit issued by BC Parks. Pearson College acts on behalf of the province of BC, as custodians of the Ecological Reserve, administering research permits and monitoring access to Rack Rocks (XwaYeN). Research conducted on Race Rocks (XwaYeN) is detailed on the Race Rocks (XwaYeN) website ( HYPERLINK “http://www.racerocks.com/racerock/research/researchexternal.htm” http://www.racerocks.com/racerock/research/researchexternal.htm).

The area has cultural significance to local First Nations. The XwaYeN (Race Rocks) area is claimed traditional territory for at least four Coast Salish First Nations people; Beecher Bay First Nation, T’Sou-ke Nation, Songhees Nation and Esquimalt Nation. The term “XwaYeN” is from the Klallem language for the place called Race Rocks. XwaYeN (Race Rocks) is believed to be the gateway to the Salish Sea and is seen as an icon of the region, ecosystem and traditional territories of the Salish people.

Race Rocks (XwaYeN) provides opportunities for recreational activities as well as public awareness and education on its unique ecological features. With its close proximity to urban areas, Race Rocks (XwaYeN) is independently accessed by the public for boating, fishing, diving and wildlife viewing. Race Rocks (XwaYeN) has gained worldwide attention by divers for its marine diversity as well as its walls, pinnacles, crevices and high currents. While divers enjoy the underwater ecosystem, tourists and researchers to the area have engaged in marine wildlife viewing, typically between the months of April to October. The important tidal upwelling due to the unique bathymetric features at Race Rocks (XwaYeN), acts as a haven for a significant assortment of flora and fauna.
Purpose and Scope

The purpose of this Management Plan is to outline Fisheries and Oceans Canada’s
(DFO’s) plan to manage activities in the Race Rocks (XwaYeN) MPA. This Management Plan is guided by legislative and Regulatory context, and forms a framework to put the legislation and Regulations into practice.

Legislative Authority for the Race Rocks (XwaYeN) MPA

Canada’s Oceans Act (1996) (Box 1), provides the legal basis for the Federal Government to lead and facilitate the designation of a Marine Protected Area (MPA) to protect commercial and non-commercial species, including marine mammals and their habitats, areas of high biodiversity and productivity, endangered and threatened species and unique areas. The Act contains provisions for the designation of MPAs and prescribing measures, including:
Zoning of MPAs
Prohibiting classes of activities within MPAs, and
Any other matter consistent with the purpose of the designation.
In 1999, DFO released a Marine Protected Areas Policy, outlining Canada’s commitment to developing a network of marine protected areas. The 2005 Federal Marine Protected Areas Strategy was developed to implement a federal network of marine protected areas that are managed within an integrated oceans management framework. The strategy calls for collaboration in managing and monitoring these areas, and for increasing awareness, understanding and participation of Canadians in marine protected areas. The Oceans Act provides for the conservation and protection of unique habitats and marine areas of high biodiversity and production.

Race Rocks was designated an Ecological Reserve in 1980 by the Government of British Columbia under the authority of the Ecological Reserves Act. Under the Ecological Reserve designation, only non-consumptive use is permitted; the area was closed to both commercial and recreational fisheries by Fisheries and Oceans Canada (DFO). In September 1998, Race Rocks was proposed as a Pilot MPA (Area of Interest) by DFO. It is important to note, that the selection of Race Rocks (XwaYeN) as a proposed MPA preceded the current framework for selecting Areas of Interest (AOI), which requires areas to be identified as either ecologically and biologically significant areas (EBSA) or areas that contain ecologically significant species (ESS). Under the Oceans Act, Race Rocks (XwaYeN), meets the criteria set out in paragraphs 35(1)(a), (b) and (d) (inserted box below).

In 2004, Race Rocks became a Rockfish Conservation Area (RCA), and part of the network that consists of 164 sites coast-wide. RCAs are designated to protect inshore rockfish and lingcod, and their habitat, from recreational and commercial fishing pressures. The RCA designation prohibits any fishing activities (both recreational and commercial) that would harm rockfish stocks. Race Rocks was selected as a RCA because the island and surrounding seabed were already listed as an Ecological Reserve and the complex geography of the area provides ideal habitat for inshore rockfish.

Linkages with other Legislation and Authorities

Federal Legislation and Authorities

Fisheries Act (DFO)
The Fisheries Act provides DFO the authority to manage freshwater and marine fisheries throughout Canada, including providing for licensing and enforcement and provisions for closing areas to fishing, prohibiting the harmful alteration, disruption or destruction of fish habitat or the deposit of substances deleterious to fish. Violation of the Fisheries Act may carry significant fines and/or imprisonment upon conviction.

Canada Shipping Act / Navigable Waters Protection Act (TC)
Transport Canada, along with the Canadian Coast Guard, is responsible for administering the provisions of the Canada Shipping Act and the Navigable Waters Protection Act which includes regulation of navigation, as well as ship source pollution prevention, including control of ballast water. Transport Canada works with industry and the public to regulate, promote and enforce safe, secure, efficient and sustainable marine practices. The Department oversees the safety, security and marine infrastructure of small vessels, large commercial vessels and pleasure craft; regulates the safe transport of dangerous goods by water; helps protect the marine environment; and fosters marine transportation efficiency through the establishment of a marine marketplace framework. Race Rocks (XwaYeN) is located in close proximity to a major shipping lane for vessels destined to Vancouver or Seattle, both of which are busy seaports. Industry vessels are expected to comply with all relevant legislation and shipping best practices.

Species at Risk Act (EC/DFO/PC)
In 2003, the Species at Risk Act (SARA) was enacted by the federal government to protect species at risk and their critical habitat. SARA is jointly administered by DFO, EC and Parks Canada Agency; the Minister of DFO is responsible for aquatic species at risk; EC is the federal lead for coastal migratory bird species at risk. The Act protects species identified as endangered or threatened through prohibitions against harming, harassing, capturing, taking or killing an individual, and against destroying its residence or critical habitat. The Act also requires the development of recovery and management plans. These documents outline short-term and long-term goals for protecting and recovering species at risk. Race Rocks is home to two species that have been listed under SARA: 1) Northern Abalone (Haliotis kamtschatkana) (Threatened),

Canadian Environmental Protection Act (NEB)
Legislated in 1999, the Canadian Environmental Protection Act (CEPA) aims to prevent pollution and to protect the environment, including the marine environment, and human health by preventing and managing risks posed by toxic and other harmful substances. The Act provides for establishment of national guidelines for monitoring dredged and excavated material at ocean disposal sites, interim marine and estuarine water quality guidelines, water quality guidelines for the protection of aquatic life, disposal at sea and control of land-based sources of pollution, offshore oil and gas, and toxic substances.

Canadian Environmental Assessment Act (CEAA)
The Canadian Environmental Assessment Agency (CEAA), reporting to the Minister of Environment, require environmental considerations, alongside social and economic considerations, are taken into account in all federal decisions respecting policies, plans, programs and projects in a manner that supports balanced, integrated decision-making and progress toward sustainable development. The Agency also supports oceans-sector-related research projects such as integrated assessment of ecosystem impacts due to climate change in coastal communities and evaluating biodiversity in marine environmental assessments.

Provincial Legislation and Authorities

Ecological Reserves Act
In 1980, the province of British Columbia, under the authority of the provincial Ecological Reserves Act, established the Race Rocks Ecological Reserve. This provided protection of the terrestrial natural and cultural heritage values (nine islets) and of the ocean seabed (to the 20 fathoms/36.6 metre contour line). Ocean dumping, dredging and the extraction of non-renewable resources are not permitted within the boundaries of the Ecological Reserve. However, the Ecological Reserve cannot provide for the conservation and protection of the water column or for the living resources inhabiting the coastal waters surrounding Race Rocks (XwaYeN).

BC Parks leases to the Canadian Coast Guard, a division of the Department of Fisheries and Oceans, the envelope of land around the light tower, which also includes the vertical solar panels and fog horn.

Local Authorities

The Race Rocks MPA is within the Capital Regional District, with the District of Metchosin having boundaries that are just inland from Race Rocks. In the District of Metchosin, through its Official Community Plan, the community has identified much of the mainland shore area as sensitive shore line areas and protected it under special municipal zoning. Issues associated with the Community Charter and the Official Community Planning and construction of buildings or business ventures on the islands may involve input from the local government. In addition, in Metchosin’s OCP the Whirl Bay, Rocky Point and Bentinck Island Group are listed as potential or future park areas.

Additional Federal, Provincial or Territorial Authorities

Department of National Defence (DND)
The Department of National Defence has a major presence in the oceans sector and contributes to the government’s maritime sovereignty objective through its maritime forces and institutions across the country. DND has a lead role with respect to national security issues in Canada’s ocean areas.

Background
General Location and MPA Boundaries

The Race Rocks (XwaYeN) Marine Protected Area (MPA) is 268.5 hectares in size and encompasses the majority of seamounts surrounding Great Race (largest of the islets) (Figure ?). The Race Rocks MPA will include the marine waters within an approximation of the 36.5 meter depth contour surrounding but not including the nine islets. The internal boundary is limited to the seaward side of the low tide contour for each of the islets. The sea floor is not included as it is within the authority of the province of British Columbia and is managed under the Ecological Reserve Act. There is no zoning within the Race Rocks MPA.

Figure ?: Race Rocks (XwaYeN) Marine Protected Area with boundary coordinates.

Recent Conservation Initiatives
1980
Province of British Columbia (under the Ecological Reserves Act), established the Race Rocks Ecological Reserve.
1990
Seasonal fisheries closures under the Fisheries Act, restricting all commercial fishing of finfish and shellfish in the area
1991
Race Rocks Lighthouse became a Recognized Federal Heritage Building
1997
Canada’s Oceans Act came into force, including the establishment of the Oceans Management Strategy (OMS).
1998
Minister of Fisheries and Oceans announces four “pilot” MPA initiatives including Race Rocks.
1998
Canada/BC MPA strategy implemented.
1999
Northern abalone (Halliotis kamischatkana) designated as a threatened marine species by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC); waters surrounding Race Rocks are an important nursery and recruitment area for this species.
1999 (Dec)
Establishment of the Race Rocks Advisory Board (RRAB).
1999
DFO released a Marine Protected Areas Policy
2000
(March 22)
RRAB made recommendations including a governance model, voluntary compliance/best practices guidelines and for Race Rocks be a joint federal/provincial MPA named X’waYeN (Race Rocks)
2000
(Sept. 14)
Minister of Fisheries and Oceans and the BC Minister of Environment Lands and Parks announced endorsement of Race Rocks to become Canada’s first Oceans Act MPA.
2000
(Oct. 28)
Draft designation regulation for Race Rocks pre-published in Part1 of the Canada Gazette.
(during 60 day public comment period)
Chiefs of three of the Race Rocks FN intervened, expressing their opposition to the MPA designation.
2002
Canada Gazette regulatory package expired

However, the Ecological Reserve cannot provide for the conservation and protection of the water column or for the living resources inhabiting the coastal waters surrounding Race Rocks (XwaYeN).

The Oceans Strategy isbased on the principles of sustainable development, integrated management and the precautionary approach. This policy, established under the auspices of the Oceans Act also provides authority for the development of tools necessary to carry out the Oceans Strategy, tools such as the establishment of Marine Protected Areas. This federal authority complements the previously established protection afforded by the Ecological Reserve, by affording protection and conservation measures to the living marine resources.

By establishing a MPA within the Race Rocks (XwaYeN) area, a more comprehensive level of conservation and protection for the ecosystem can be achieved than by an Ecological Reserve on its own. The designation of this MPA encompassing the Ecological Reserve facilitates the integration and increases the synergy of conservation, protection and management initiatives under the respective authorities of the two governments.

Additional protection measures have taken place in and around the Race Rocks (XwaYeN) area including seasonal fisheries closures under the Fisheries Act, restricting all commercial fishing of finfish and shellfish in the area since 1990. Recreational harvesting of salmon and halibut and harvesting of non-commercial species continue, but much of that activity has been curtailed after the designation of a Rockfish Conservation Area (RCA) around Race Rocks (XwaYeN) in 2004. The prohibition of living marine resource harvesting along with an Oceans Act MPA designation provides a longer-term commitment to the conservation and protection of the Race Rocks (XwaYeN) ecosystem.

The Race Rocks Advisory Board (RRAB) was established to assist DFO and BC Parks with consultations and the development of consensus-based recommendations for designation and management of the MPA. The Race Rocks Public Advisory Board (RRPAB) is composed of community representatives and Race Rocks stakeholders including Pearson College (who presently funds and provides the Ecoguardian at Great Race), private businesses, recreational users, the education sector, research interests, the Ecological Reserve Volunteer Warden and several conservation/environmental protection groups.

MPA Establishment Process

2004
Designation of a Rockfish Conservation Area (RCA) around Race Rocks
2005
Federal Marine Protected Areas Strategy developed.
2009
Establishment of Race Rocks Public Advisory Board (RRPAB)
2010
DFO and First Nations (T’Sou-ke Nation, Songhees Nation and Beecher Bay First Nation) signing of Memorandum of Understanding (MOU)

Ecological Overview and Assessment

In 2001, a comprehensive assessment of the physical and biological systems of Race Rocks (XwaYeN) was completed by Wright and Pringle (2001). The 2001 report provides an extensive ecological overview describing the geological, physical oceanographic and biological components of Race Rocks (XwaYeN) and the surrounding waters of the Strait of Juan de Fuca at the time. Natural history observations and some traditional knowledge were also included. An updated EOAR was produced in 2010, to supplement the existing ecological overview by summarising new information collected in the Race Rocks (XwaYeN) area since 2001 and describe any changes to trends in species distributions and oceanographic conditions.
Economic, Social and Cultural Overview and Assessment

An economic, social and cultural overview assessment was conducted to review human activities that were undertaken in the proposed MPA or that are likely to be undertaken in the established MPA in the future. Human activities that take place in close proximity to the MPA and may influence activities within the MPA were also investigated. In general, the marine ecosystem within this area is known for its exceptional diversity which is of importance to commercial and recreational fisheries in adjacent areas. Activities were organized into three specific categories; 1) commercial activities, 2) neighbouring marine traffic, and 3) non-commercial activities.

Commercial activities include commercial shipping, Coast Guard, Canadian Military, fisheries and aquaculture. Increased inbound and outbound deep sea traffic is related to freight demands at the ports served as well as investments of the ports to increase their efficiency and expand their capacity. Most of the business for the Canadian Coast guard in the Race Rocks area is serving marine wildlife viewing, sport fishing and diving vessels which is closely related to population growth in the CRD and areas resulting in increased demand for coast guard services. DND’s military buffer zone, partially overlapped with the Race Rocks (XwaYeN) MPA, is anticipated to continue the activities of training, demolition and ammunition depot.

Tourism and recreation, primarily ocean-based outdoor activities include boating, angling, wildlife viewing, kayaking and diving. In January of 2009, Tourism BC concluded that BC was considered the most appealing ocean destination in North America which clearly indicates the potential demand for ocean activities on the BC coast among resident and visitor markets.

Pearson College, an educational institution manages the Race Rocks Ecological Reserve under an agreement with BC and focuses on community outreach programming. Research and education activities, subject to review and approval by the Race Rocks Operating Committee (BC Parks and Pearson College), require a permit and all research materials and results must be made available as public information.

There are two alternative energy projects associated with Race Rocks, including the solar panel project and the tidal energy project
Management Framework

In 1997, the Oceans Act provided Fisheries and Oceans Canada with a leading and coordinating role in the development of a cooperative and collaborative approach to a network of federal marine protected areas in Canada. In 2005, the Government of Canada launched a comprehensive Oceans Action Plan (OAP) to coordinate and implement oceans activities, and to sustainably develop and manage our oceans. The implementation of Canada’s Oceans Strategy, having the overarching goal to “ensure healthy, safe and prosperous oceans for the benefit of current and future generations of Canadians”. Under the Health of the Oceans pillar of the OAP, several activities are identified including the development of a Federal Marine Protected Areas Strategy. The Federal Marine Protected Areas Strategy defines a marine protected areas network as: “a set of complementary and ecologically linked marine protected areas, consisting of a broad spectrum of marine protected areas, established and managed within a sustainable ocean management planning framework and linked to transboundary, global and terrestrial protected area networks”.

The resultant conservation and management objectives provide guidance for the effective implementation of the Regulations and will assist in management of activities within the MPA.
(Placeholder for National Framework for Canada’s Network of MPAs and Canada-BC MPA Network Strategy)

Guiding Principles

GUIDING PRINCIPLE
DESCRIPTION
Integrated Management (IM)
A collaborative, flexible and transparent planning and management process recognizing shared responsibility of governments, Aboriginal groups, coastal communities, industry and others to support the sustainability of our marine resources.
Ecosystem Approach
Recognition of the complexity of ecosystems and the interconnections and energy flows among their component parts.
Precautionary Principle
Decisions and actions on conservation measures can and will be taken in the absence of scientific certainty.
Respecting Aboriginal Peoples
In addition to constitutionally protected Aboriginal and treaty rights as well as land claims agreements, the federal government is committed to working with affected Aboriginal Peoples to collaboratively plan, establish and manage marine protected areas.
Knowledge Based
The integration and use of both scientific and Traditional Ecological Knowledge (TEK), which includes Aboriginal, local and historical sources of information, can contribute significantly to the identification, development and management of an effective federal marine protected areas network.
Consultation and Collaboration
Mechanisms for gathering of information, increasing public awareness, conducting research, and ensuring participation of those with an interest or role to play in marine protected areas planning and management will be established to improve collaboration and cooperation amongst partners.
Public Awareness, Education and Stewardship
Engaging Canadians in the development of marine protected areas and their network include ocean stewardship activities that contribute to capacity building, increasing public awareness and understanding of ocean conservation issues as well as the development of constituencies that support the marine protected areas network.
Management Effectiveness
The evaluation of the outcomes of a particular marine protected area measured against specific objectives.
Adaptive Management
Evaluation of management effectiveness and applying new science knowledge to adjust management regimes in order to continue meeting marine protected area objectives.

Conservation Objectives
Conservation objectives are statements, expressed in broad terms, which describe aspirations for the ecological feature(s) of the MPA. To ensure that the MPA Regulations and management measures are effective, there must be a standard against which they can be evaluated. The conservation objective, developed by DFO with input from the RRPAB, provides that standard.

To protect and conserve an area of high biological productivity and biodiversity, providing habitat for fish and marine mammals, including threatened and endangered species.
MPA Management Objectives

Management principles and objectives identify priorities for management that support the achievement of the conservation objective.

Impacts from human activities in the area will not compromise the conservation of biodiversity and ecosystem function of the Race Rocks Marine Protected Area.

Build a knowledge base to define and understand biodiversity and ecosystem function, using best science and TEK/LEK.

Monitor biodiversity and ecosystem function.

Monitor and evaluate management effectiveness to ensure management is contributing toward achievement of overarching Conservation Objective.

Management Strategies
(Note the following is a list of the TYPE of management strategies that will be considered to meet the conservation objectives)

Principles developed in Canada’s National Policy and Operational Framework for Integrated Management and the Oceans Act were the basis for determining the development of strategies for the Race Rocks MPA

Assess, identify and mitigate impacts of human activities on:
populations and ecosystem dynamics
unique and vulnerable species and habitats, including migratory species
to the physical and chemical qualities of surrounding waters and sediments
Review existing Best Management Practices and guidelines to integrate them into MPA approvals as appropriate.
Apply adaptive management of human activities based on assessments and mitigation measures identified.
Identify priority habitats and species for recovery and restoration
Recommend mechanisms for recovery and restoration of degraded habitats and species of concern
Identify knowledge gaps and establish research priorities and protocols
Support and undertake inventories, surveys to contribute to monitoring to systematically expand the understanding of the ecosystem based on established research priorities
Establish ecological benchmarks and thresholds for assessing changes in population, community and ecosystem dynamics, including impacts of human activities
Document First Nations traditional knowledge, local ecological knowledge and scientific knowledge
Utilize existing or develop information sharing protocols between agencies, user groups and other organizations
Develop relationships with the research community working on relevant issues
Build awareness in Stakeholder communities as well as other regulators to achieve compliance with the Race Rocks (XwaYeN) MPA conservation objectives.
Educate and inform stakeholders of existing regulations and policies relevant to the Race Rocks (XwaYeN) Marine Protected Area (e.g. Ballast Water Control and Management Regulations)
Identify and utilize opportunities for public engagement
Partner with user groups to reach visiting public and international tourist in order to convey messaging of conservation and protection
Apply BMPs, guidelines and mitigation measures appropriate to minimize impact of awareness related activities
Management Measures / Output

Management measures are the practical tools and procedures to be used by DFO to achieve conservation and management objectives and help gauge the effectiveness of the MPA.

Compatible Activities:
First Nations harvest of fish. Honouring constitutionally protected rights. Agreements being pursued with First Nations include fisheries management related work and communications, with respect to Race Rocks.
Wildlife viewing in the waters surrounding Race Rocks (XwaYeN) as well as on the islets themselves following the guidelines produced for observing marine wildlife, “BeWhaleWise” (2009), stating boaters should slow down to speeds less than 7 knots when within 400 metres of a whale, keep clear of the whales path and do not position the vessel closer than 100 metres to any whale ( HYPERLINK “http://www.BeWhaleWise.org” www.BeWhaleWise.org). These guidelines also apply when observing pinnipeds and birds on land. These guidelines were developed to minimize <>human impacts to marine wildlife while allowing for viewing opportunities.
Private recreational boating, subject to adherence to guidelines
SCUBA diving, when undertaken with minimal impact to marine life. PADI project AWARE (2007) has developed guidelines for divers to protect the underwater environment while diving. Low impact diving would involve not collecting any living or dead organisms, ensuring that the diver’s buoyancy level is appropriate so as not to disturb the seafloor, not feeding or disturbing marine wildlife, and ensuring that dive vessels do not set an anchor line onto the substrate.
Research activities that contribute to the scientific knowledge of biodiversity and ecosystem function are compatible with the conservation objectives of this area. All parties interested in conducting scientific research within the Race Rocks (XwaYeN) ecological reserve require a BC Ecological Reserve permit and clearance from the Province of BC (administered by Pearson College).
Scientific monitoring and surveillance activities carried out to monitor marine life as well as those activities directed towards conservation and protection. Along the south coast of BC, overflights for pinniped stock assessment and creel surveys take place. This work is, at times necessary to achieve the conservation objectives of the MPA and to measure changes to the ecosystem and its functions.
Educational activities, subject to guidelines as appropriate, relating to school group tours (akin to ecotourism) and student led research projects (akin to Scientific Research), subject to activity approvals.

Incompatible Activities/ Threats
Commercial and recreational fishing and other resource extraction activities.
Harassment of wildlife through wildlife viewing.
The island of Great Race and the seabed nearby contain a number of manmade structures. These structures were built before the establishment of the MPA. These include the historic lighthouse, housing and power generation facilities on Great Race as well as the turbine and infrastructure used by the tidal current project to generate environmentally sustainable electricity. Further development within the MPA boundary is not compatible with the conservation objectives for the MPA.

Governance

DFO has the primary responsibility for the protection and management of the Race Rocks MPA. However, the Race Rocks MPA overlaps with the existing Ecological Reserve (ER) and as such, requires the coordination of a number of government agencies to implement relevant legislation and guidelines.

Collaborative Governance

The Oceans, Habitat and Enhancement Branch (OHEB) is the lead organization within DFO for the management of Race Rocks. However, a collaborative approach to managing the activities in the MPA will be required. A tripartite coordination between federal government, provincial government and First nations is coordinated under committees such as the Oceans Coordination Committee (OCC), Marine Protected Area Implementation Team (MPAIT), Regional Committee on Oceans Management (RCOM), Pacific Inter-Departmental Oceans Committee (PIOC) and the Government-First Nations Management Board (GFNMB). In addition, other government departments and agencies, MPA users and other individuals with an interest in the MPA play important roles in meeting the objectives for the MPA and implementing the management plan.

MPA Advisory Board
Government-First Nations Management Board (GFNMB)

(SEE CONSULTATIONS DOC)

Roles and Responsibilities

This section provides an overview of the activities related to the administration of the MPA and identifies roles and responsibilities of DFO, other government departments, and……… Government and non-government organizations play a role in managing the Race Rocks MPA and ensuring it is protected for future generations (SEE FIGURE IN GULLYMP pg 57 – circles). There are roles and responsibilities related to legal requirement for both government departments and users of the area. However, others with an interest in the MPA can play a role through providing advice on management, research guidelines, undertaking outreach, or participating in stewardship activities in the MPA. (Table?) The ongoing participation and involvement of a variety of federal and provincial government bodies, industry and public interests is essential to the protection of the Race Rocks ecosystem.
Fisheries and Oceans Canada

DFO is the lead authority for oceans management in Canada and coordinates federal programs, policies and management strategies related to Race Rocks. As the lead authority for the Race Rocks MPA, DFO has the primary responsibility for its protection and management. The Oceans, Habitat and Enhancement Branch (OHEB) is the lead organisation within DFO Pacific Region. Using an integrated management approach, OHEB will serve an overall facilitation and coordination function for implementation of the management plan and management of the Race Rocks MPA.
Section 32 of the Oceans Act provides the Minister of Fisheries and Oceans with the authority to establish, designate or recognise advisory bodies. The post-designation Race Rocks MPA Advisory Board, comprised of key partners and stakeholders with interests in the management of the MPA) has been formed. The role of this MPA Advisory Board is:
Advise on management plan development;
Participate in monitoring programs, review of protocols and data collection (i.e. where local/coastal communities and oceans users have pertinent expertise, such as providing experiential, local and traditional ecological knowledge of the MPA ecosystem);
Provide advice on adapting the management plan and monitoring strategy, where necessary;
Share progress reports with broader stakeholder community;
Review annual work plans and performance reports; and
Help promote compliance through awareness raising with interest groups.
Department of National Defence

The Department of National Defence’s (DND) military buffer zone for the WQ (Whiskey Quebec) military training area is partially located in the waters of the proposed Race Rocks (XwaYeN) MPA. While training activities do not take place within the Race Rocks (XwaYeN) MPA boundary, Bentinck Island, located approximately 2 km away, is a blasting training site in the use of explosives for the Canadian Forces Base (CFB) Esquimalt.
Province of British Columbia

For over 30 years, BC Parks has been engaged with the protection of Race Rocks through the establishment of Race Rocks as an Ecological Reserve (ER). While the ER includes the islets and sea floor, it does not include the federally controlled water column.

collaborative management between MPA and ER
highlight linkages
First Nations

The area has cultural significance to local First Nations. The XwaYeN (Race Rocks) area is claimed traditional territory for at least four Coast Salish First Nations people; Beecher Bay First Nation, T’Sou-ke Nation, Songhees Nation and Esquimalt Nation. The term “XwaYen” is from the Klallem language for the place called Race Rocks. The nutrient rich waters of this area provided a wide diversity of food fishing opportunities year round. XwaYeN (Race Rocks) is believed to be the gateway to the Salish Sea and is seen as an icon of the region, ecosystem and traditional territories of the Salish people.

Pearson College Any and all research or educational activities to take place in the Race Rocks (XwaYeN) ecological reserve require a permit issued by BC Parks. Pearson College acts on behalf of the province of BC, as custodians of the ecological reserve, administering research permits and monitoring access to Rack Rocks (XwaYeN).

Monitoring and Reporting on Management Effectiveness
Research and Monitoring Strategy

Research and monitoring activities carried out as part of SARA action plans will be beneficial for increasing the understanding of the Race Rocks ecosystem. Conversely, research and surveillance activities carried out to manage the MPA may also be beneficial for assessing compliance with SARA and promoting the recovery of particular at-risk species.

Race Rocks (XwaYeN) has been used as a field site for scientific research and education by Pearson College as well as other researchers. Currently, all parties interested in conducting scientific research within the Race Rocks (XwaYeN) ecological reserve require a BC Ecological Reserve permit and clearance from the Province of BC (administered by Pearson College). The role played by the Eco-Guardian at Race Rocks provides a great opportunity for partnering to help achieve monitoring goals. Research activities that contribute to the scientific knowledge of biodiversity and ecosystem function are compatible with the conservation objectives of this area, subject to activity plan approval.

Public Awareness, Education and Stewardship

To meet the MPA Management Objectives as described in section 3.3 (3. a-c), Race Rocks (XwaYeN) will provide opportunities for recreational activities as well as public awareness and education on its unique ecological features. This section describes the overall approach to providing information on the Race Rocks MPA to affected user groups and all Canadians.

With its close proximity to urban areas, Race Rocks is accessible to many people, providing a unique opportunity to showcase a coastal marine protected area, increasing public awareness and providing educational opportunities.

For the MPA to be successfully managed, it is important that the public, particularly affected user groups, area aware of the MPA designation and Regulations. Outreach and education activities will be directed to improve compliance with the Race Rocks Regulations.
To contribute to the successful implementation of a network of MPAs in Canada, those involved with the establishment of MPAs in other parts of the country should be aware of the process taken with Race Rocks and the challenges that were faced. The lessons learned from the designation of the Race Rocks MPA will be documented and shared with colleagues and the public.

ACTIVITIES

OUTREACH MATERIALS

CURRICULUM MATERIALS

MATERIALS FOR THE GENERAL PUBLIC

NATIONAL AND INTERNATIONAL AWARENESS

RaceRocks.com
Pearson College, in addressing the concern about environmental impacts from site visits during the 1980s and 1990s, launched a website in 2000 to support non-commercial education through live streaming video.

Tourism and Recreation

With its close proximity to urban areas, Race Rocks (XwaYeN) is independently accessed by the public for boating, diving and wildlife viewing. Boaters may use the waters surrounding Race Rocks (XwaYeN) as a thoroughfare to other areas, shelter from the elements, as a reference point for navigation, or a general point of interest.

Race Rocks (XwaYeN) has been recognized as an important sport fishing destination since western settlement with anglers seeking Pacific salmon, halibut, lingcod, rockfish, prawns and crabs.

Since 1900, Race Rocks (XwaYeN) has gained worldwide attention by divers for its marine diversity as well as its walls, pinnacles, crevices and high currents. While divers enjoy the underwater ecosystem, tourists and researchers to the area have engaged in marine wildlife viewing, typically between the months of April to October. The important tidal upwelling due to the unique bathymetric features at Race Rocks (XwaYeN), acts as a haven for a significant assortment of flora and fauna (Figure 5).

Management Plan Review

The current management plan is intended to guide management of the Race Rocks MPA from (year) to (year). EXAMPLE ONLY

Surveillance, Enforcement and Compliance

Surveillance, Enforcement and Compliance planning for Race Rocks (XwaYen) MPA will be developed consistent with DFOs National Oceans Act Marine Protected Area Compliance and Enforcement Policy currently being developed. A coordinated approach between DFO and BC Parks to compliance and enforcement is required for the MPA given its existing Ecological Reserve status.
Specific Roles and Responsibilities

As the lead federal authority for the MPA, DFO will have overall responsibility for ensuring that the Regulations and conservation measures are respected and enforced, while other agencies also have accountabilities under their own mandates in the area (Province of BC). DFO’s role is undertaken through the Department’s legislated enforcement mandate and responsibilities under the Oceans Act, the Fisheries Act, the Species at Risk Act and other federal legislation covering fisheries conservation, environmental protection, habitat protection and marine safety. DFO also provides a leadership and coordination role for broader inter-agency surveillance, monitoring and enforcement activities in support of the MPA. Under this coordinated approach, the primary means of the Departmental enforcement presence will be through an already existing surveillance program.

In addition, BC Parks has a management contract with Pearson College of the Pacific to provide a 24 hour a day resident EcoGuardian at the Ecological Reserve. Wherever possible, DFO should strive to work cooperatively with BC Parks and the designated EcoGuardian to achieve surveillance and compliance objectives.

DFO fishery officers will work together with other law enforcement personnel (or enforcement officers so designated by the Minister according to section 39 of the Oceans Act) to ensure that the proposed management actions and regulations for the area are respected. Enforcement of the regulations and subsequent offences will be dealt with under sections 37 and 38 of the Oceans Act.
Submission and Evaluation of Activity Plans (Example ONLY)

Scientific Monitoring and Research

DFO wishes to encourage research at the Race Rocks MPA while meeting its conservation objectives. Research in the Race Rocks MPA has a dual identity: first, as a human use with potential impacts which management measures seek to address; and second, as a generator of data, knowledge and information valuable for the adaptive management of the MPA. A research strategy will be developed to include monitoring protocols and be regularly updated.
Surveillance, Enforcement and Compliance

Enforcement officers are charged with enforcing all of the provisions out the Oceans Act, including all MPA Regulations. Violations of the MPA Regulations carry penalties under the Oceans Act, while contraventions of licences and consent issued for foreign vessel access can result in charges under the Fisheries Act and under the Coasting Trade Act. Upon conviction, the courts may impose fines and prison terms for offences under each of these Acts.

The following is a list of responses available to deal with alleged violations of provisions of MPA Regulations of the Oceans Act:
Warnings;
Orders recommended by the Minister of Fisheries and Oceans, and
Injunctions;
Alternative measures to prosecution; and
Prosecutions.

The primary means of surveillance and enforcement in the MPA is through DFO’s Conservation and Protection Program. In addition to its general MPA enforcement activities, DFO is responsible for fisheries enforcement matters related to the MPA. Fisheries violations can result in charges under both the Fisheries Act and the Oceans Act as Fishery Officers are designated as enforcement officers under both pieces of legislation.

The enforcement provisions of the Species at Risk Act may also be used in support of the MPA when dealing with listed species. Fishery Officers are designated as enforcement officers for the Species at Risk Act and violations may result in charges under this legislation, as appropriate.

REFERENCES AND RELATED MATERIAL

Ballast Water Control and Management Regulations. Canada Gazette Part 1, Vol. 139, No. 24, June 11, 2005. Available online: “http://www.canadagazette.gc.ca/archives/p1/2005/2005-06-11/pdf/g1-13924.pdf” <
Canada’s Federal Marine Protected Areas Strategy, Government of Canada. 2005.

Oceans Act Marine Protected Area Regulations, Compliance and Enforcement Policy – May 2010 Draft

Race Rocks Area of Interest Regulatory Intent Statement. Working copy of the Draft Regulatory Intent for Race Rocks MPA, August 2010.

Socio-Economic Base Case Update for Race Rocks Proposed Marine Protected Area. Prepared for DFO – Habitat Management Division, March 31, 2009 by R. Sunderman, Peak Solutions Consulting Inc.

The Role of the Canadian Government in the Oceans Sector. Fisheries and Oceans Canada.2009.

Wiring Diagrams to Illustrate the Oceans Act MPA Designation Process and Management Responsiblities. Prepared by the Department of Fisheries and Oceans, Oceans Sector for the Race Rocks Public Advisory Board, May 18, 2010.
PAGE 22

Doug Biffard: Is this an accurate reflection of the authority of BC Parks and the roles and responsibilities of Pearson as custodians?
Needs reference

Race Rocks Marine Protected Area Designation: A Social, Economic, and Cultural Overview

 Ryan J Murphy and Raïsa Mirza Lester B. Pearson College of the Pacific, Victoria, BC :Race Rocks Marine Protected Area Designation: A Social, Economic, and Cultural Overview

See the final version submitted in PDF form here:
RRSocio-cultural-Murphyand-Mirza

also originally here:http://www.dfo-mpo.gc.ca/Library/344920.pdf

November 2010
Prepared for:
Fisheries and Oceans Canada Habitat Management Division
Suite #200-401 Burrard St. Vancouver, BC V6C 3S4

Internal Draft Submitted November 8, 2010

Table of Contents

1.  Introduction
  1.1 Background
  1.2 Purpose and Approach
  1.3 Local Area Defined
  1.4 Report Organization
2. Resource Value and Management
  2.1 Governance


2.1.1. Federal Government 7


2.1.2. Provincial Government 8


2.1.3. Local Government 8


2.1.4. Public Involvement  9
  2.2 Cultural and Social Value


2.2.1. Canadian Heritage 9


2.2.2. Historical Significance 10


2.2.3 Architectural Significance  10


2.2.4. Environmental Values  10


2.2.5. Stewardship 13


2.2.6. Education and Research 14


2.2.7. Ecosystem Services and Valuation  15




3. Communities and other Stakeholders 
  3.1 Local Demographic Trends 15 
  3.2 Socioeconomic Sectors and Activities 17 

3.2.1. Recreational Boating 17 

3.2.2. Kayaking 18 

3.2.3. Sportfishing 19

3.2.4. Wildlife Viewing 20 

3.2.5. SCUBA diving  22

3.2.6. Race Rocks Administration  22

3.2.7. Research  23

3.2.8. Education and Outreach  25
4. Values at Risk Analysis
  4.1 User Conflicts 26 

4.1.1. Department of National Defense  26

4.1.2. Wildlife Viewing  30

4.1.3. Ecological Reserve Management  31

4.1.4. Canadian Coast Guard  31
  4.2 Potential Impacts of MPA designation 31 
  4.3 Sustainable Development 35 
 5. Reference List 


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1. INTRODUCTION

Background

An area of interest (AOI) approximating the current Rockfish Conservation Area around the Race Rocks archipelago is being assessed as a potential marine protected area (MPA) under Canada’s Oceans Act (Figure 1). Race Rocks represents a transition zone between the Pacific Ocean and coastal waters and is renowned for its exceptional marine biodiversity and biological productivity. The AOI represents important habitat for threatened marine mammal, seabird, fish, and invertebrate species. Establishment of a MPA at Race Rocks will be the first in what is hoped to be network of coastal marine protected areas (BC Ministry of Water, Land and Air Protection 2002).

Protection and conservation measures have been in place for the terrestrial ecosystem (nine islets) and the ocean bottom (to 20 fathoms) since 1980 when the Province of British Columbia designated Race Rocks as an ecological reserve under the Ecological Reserves Act. The ecological reserve was established to protect a provincially significant high current ecosystem as a result of a proposal by Lester B. Pearson College of the Pacific (the College); the College has managed the reserve since 1997 and has maintained a human presence to monitor the ecosystem and provide educational and research opportunities. The purpose of the ecological reserve was “to preserve for educational and research purposes, one of B.C.’s most biologically rich, marine ecosystems” (Fletcher et al. 1980). All activities in the ecological reserve are subject to review and approval by an Operating Committee comprising BC Parks and the College.

MPA designation of Race Rocks will provide additional protection of the high biodiversity of marine species and their habitat as well as further support ongoing resource management, public education, research and environmental monitoring at the ecological reserve. Resource preservation issues such as the protection of critical habitat for Rockfish (Sebastes spp.), Northern abalone (Haliotis kamtschatkana), Steller sea lions (Eumetopias jubatus) and other species identified under the Species at Risk Act (SARA) are current management priorities.

Both federal and provincial governments have committed to a Marine Protected Areas Strategy to establish a system of marine protected areas including the Race Rocks Ecological Reserve (BC Ministry of Water, Land, and Air Protection, 2002). However, the diverse marine environments of the Pacific Coast are not well represented in current Canadian protected areas systems.

Purpose and Approach

Socioeconomic base line reports have been commissioned for the Race Rocks AOI as part of the MPA designation process in 1999 and again in 2009. The purpose of this report is to edit and expand upon the 2009 Socio-Economic Base Case Update for Race Rocks Proposed Marine Protected Area by Randy Sunderman, Peak Solutions Consulting Inc. This document is intended to be a brief and concise summary of socioeconomic data for the Race Rocks AOI to ensure that key information is available for the MPA designation process. This work presents a snapshot of the activities and stakeholder communities involved with Race Rocks with a focus on potential user conflicts and sustainable use of the marine environment. Spatial-temporal trends in human activities that take place in close proximity to the AOI and may influence activities within the MPA are also presented. Information collected here will contribute to a larger Socio-economic and Cultural Overview and Assessment (SECOA) and Cost Benefit Analysis (CBA).

Activities that have not occurred and are now not allowed to take place according to Race Rocks’ existing ecological reserve status are excluded from this report. Specifically, actions from mineral exploration and mining, forestry, and oil and gas sectors are not investigated. Finally, First Nation interests in and around the AOI are not covered in this report. First Nation traditional uses, economic activities, demographic trends, and cultural importance are covered in a separate report.

Local Area Defined

The Race Rocks archipelago sits 17 km southwest of Victoria at 48.29917oN latitude and 123.53083oW longitude, 1.5km south of the southern tip of Vancouver Island in the Salish Sea. Race Rocks is positioned at the eastern end of the Strait of Juan de Fuca and is the southernmost part of Canada on the Pacific Coast. Race Rocks is part of the Juan de Fuca Electoral District; the nearest municipality is the District of Metchosin.

The Race Rocks ecological reserve established in 1980 was expanded in 2001 to include the majority of Great Race Rock and now covers 225 hectares of seabed (to a depth of 20 fathoms) and 2 hectares of terrestrial habitat (BC Ministry of Water, Land and Air Protection, 2002). An area of 0.144 hectares surrounding the lighthouse on Great Race Rock is under provincial Land Act lease to Canada Coast Guard and is not part of the ecological reserve.

The proposed Race Rocks Marine Protected Area’s boundary approximates the current (2010) Rockfish Conservation Area but is fixed to map coordinates instead of a depth contour. The MPA will consist of the marine waters that surround the nine islets up to the low tide mark, the land above this point will remain under the management of the provincial Ecological Reserve. Figure 1.1 highlights the Race proposed Marine Protected Area and the existing Ecological Reserve.

Figure 1.1: Current Marine Ecological Reserve and Proposed Marine Protected Area,
(Source: Department of Fisheries and Oceans Canada)

Report Organization

The report is organized in the following sections:
• Section 2 outlines the values resources in and current governance of the AOI. This section details administrative responsibilities, governance structure, and the cultural and historical value of resources in the AOI.
• Section 3 presents demographic profiles the Capital Regional District as well as sector activities profiles that include future outlook for socioeconomic sectors active in and around the AOI.
• Section 4 comprises a “Values at Risk” analysis of existing and potential user conflicts, potential impacts of MPA designation on community stakeholders, and sustainable development of the Race Rocks resource.

2. RESOURCE VALUE AND MANAGEMENT

2.1. Governance

2.1.1. Federal Government
The responsibility of the Federal Government in protecting the Race Rocks ecosystem falls under both its planning role under Canada’s Ocean Strategy and under its approval role of protecting fish and aquatic habitat, marine mammals, and migratory bird habitat. The Federal Government wishes to take on additional responsibilities for the Race Rocks Area of Interest with the designation of a Marine Protected Area. Federal government agencies that regulate or are involved in resource use, human use management, or other aspects relating to the establishment of an MPA at the Race Rocks AOI are: Fisheries and Oceans Canada, Environment Canada, Parks Canada and the Department of National Defense.

Fisheries and Oceans Canada (DFO), Environment Canada (through the Canadian Wildlife Service) and Parks Canada share mandated responsibilities to create protected areas in Canada’s marine environment. DFO takes the lead in the development and implementation of the nation’s marine protected areas systems, incorporating programs of all three departments.

Fisheries and Oceans is mandated to protect and conserve marine resources and habitat, including implementation of programs to provide for the sustainable use of Canada’s marine resources. DFO is responsible under Canada’s Oceans Act for identifying potential marine protected areas, presenting management plans for marine protected areas to the federal cabinet, and drafting federal legislation to implement these areas. DFO is also responsible for navigable waters and environmental response services (through the Canadian Coast Guard), organisms in the water column, and for managing marine resources under both the Fisheries Act and the Oceans Act.

Environment Canada is mandated to preserve and enhance the quality of the natural environment. It has legislative authority to establish marine protected areas and to regulate land activities that affect protected areas in the offshore through the Migratory Birds Convention Act, Canada Wildlife Act, Canadian Environmental Protection Act, and the Species at Risk Act. The primary focus of Environment Canada is protecting major marine and nearshore areas for wildlife conservation, research and public education. Both the Canadian Wildlife Service and Canadian Environment Assessment Agency are under the regulatory mandate of Environment Canada and play a role in the implementation and/or maintenance of Marine Protected Areas.

Parks Canada is mandated to protect and present significant aspects of Canada’s natural and cultural heritage such that public understanding and appreciation ensures ecological and commemorative integrity for current and future generations. Parks Canada identifies and designates National Marine Conservation Areas (NMCA), National Historic Sites, and National Parks. The national system of marine protected areas that make up the NMCA Program are managed for sustainable use and may contain smaller zones of higher degrees of protection from ocean dumping, undersea mining, oil and gas exploration and development, and related activities. Marine Protected Areas designated by other federal programs can be considered part of the NMCA plan if conservation objectives align.

Finally, the Department of National Defense (DND) owns nearby Bentinck Island and nearby coastline as part of Canadian Forced Ammunition Depot (CFAD) Rocky Point. DND also makes use of waters and airspace surrounding the Race Rocks AOI for military purposes. DND is mandated to formulate and manage all aspects of defense policy, defense of Canadian interest and values, and contributing to international peace and security. DND is also tasked with assisting other government departments in achieving national goals.

At this point, the federal government is operating under the “umbrella” agreement of the current provincial Ecological Reserve Management plan that coordinates complementary marine protection initiatives under the Oceans Act.

2.1.2. Provincial Government

The provincial government of British Columbia is responsible for delivering coastal zone planning to address and land and resource use. The provincial government also approves and regulates aquaculture operations, oil and gas development, discharges into coastal waters, and can designate protected areas. Relevant legislation includes: Waste Management Act, Fisheries Act, Fish Protection Act, Wildlife Act, Petroleum and Natural Gas Act, Park Act, and the Ecological Reserve Act.

The responsibility for implementing the Race Rocks Ecological Reserve Management plan falls on BC Parks. This agency works cooperatively with First Nations to uphold treaty rights and incorporate their interests in management decisions. When management issues arise that require joint federal/provincial action, BC Parks coordinates participation of the appropriate provincial agency or agencies.

Currently, BC Parks leases an envelope of land around the lighthouse on Great Race Island to the Canadians Coast Guard (a division of Fisheries and Oceans Canada) that maintains a foghorn with solar panels and battery bank as a navigational aid.

2.1.3. Local Government

The Race Rocks AOI belongs to the Juan de Fuca Electoral District but represents important historical and ecological value shared by the District of Metchosin and the Capital Regional District. Local governments and municipalities prepare and implement regional and community plans that include the planning and provision of parks along coastal shores. The District of Metchosin’s Official Community Plan protects several sections of mainland shore under special municipal zoning and includes Bentinck Island, Rocky Point, and Whirl Bay as potential park areas (District of Metchosin, April 1994).

2.1.4. Public Involvement

As part of the Ecological Reserve Management plan, the province actively encourages community involvement in the stewardship of the resources present in the Race Rocks AOI. In 1997, Lester B. Pearson College of the Pacific (the College) responded to the destaffing of the Canadian Coast Guard station by maintaining a year-round staff of Eco-Guardians living on site and facilitating the addition of the majority of Great Race Rock to the Ecological Reserve. The College has a longstanding position in the Race Rocks community from pre-designation of the Ecological Reserve (1980) to its current on-site management and involvement in the Marine Protected Area (MPA) process. The College currently manages the Ecological Reserve as part of a Joint Operating Committee with BC Parks, operating the facilities present on Great Race Rock with the primary objectives of:
-Protecting the ecological values of the island and surrounding ecosystem;
-Maximizing educational opportunities; and,
-Facilitating research.
This commitment gives the College unparalleled practical experience with and knowledge of Race Rocks, and has increased the College’s capacity to facilitate other community sectors in their use of this shared resource. Garry Fletcher, a community leader in Metchosin and former faculty at the College currently serves as the ecological reserve warden.

2.2. Cultural and Social Value

Human’s have valued and made documented use of the Race Rocks ecosystem for 1000 to 1500 years before present, with continual habitation stretching back 150 years. The resources contained within the Race Rocks AOI represent a diverse cross-section of Canadian values that include heritage preservation, education, recreation, and ecosystem conservation and valuation.

2.2.1. Canadian Heritage

The Race Rocks AOI has been an important area for resource gathering by First Nations. On the main island in the AOI, Great Race Rock, disturbed and 8 undisturbed First Nations burial cairns indicate the importance of Race Rocks to the ancestral Straits Salish peoples. These burial cairns date to ~AD 500 and are part of the late prehistoric mortuary landscape of southern Vancouver Island and are a physical reminder of a cultural heritage significant for all Canadians.
During the colonial period of British Columbia, Race Rocks was identified as a major navigational hazard for the fast-growing economies of the important ports of Vancouver, Seattle, and Victoria. As part of the response to increased marine traffic during the Fraser River Gold Rush, the Imperial Race Rocks lighthouse was the second constructed in British Columbia. The lighthouse that stands on Great Race Rock is the oldest granite lighthouse in British Columbia and along with Fisgard, is one of just two lighthouses constructed during the colonial period. Since 1991, the Race Rocks lighthouse has been a Recognized Federal Heritage building because of its historical significance, and for its architectural and environmental values.

2.2.2. Historical Significance

Race Rocks received its English name from the Hudson’s Bay Company because of the strong tidal flows that ‘race’ past the nine rocky islets. The islets’ location in the Juan de Fuca Strait meant the lighthouse constructed there was a significant aid to merchant and passenger ships heading to Victoria as well as naval vessels destined for Esquimalt. With the influx of settlers during the 1850s, Victoria quickly changed from a fur-trading fort to an incorporated city with associated increases in marine traffic dependent on the navigational aids on Great Race Rock.

Despite the imposing grandeur of the granite tower, ships caught in the strong oceanic currents or lost in the fog continued to run aground at Race Rocks. From the wreck of the Nanette three days before the lighthouse was first lit to the present day, the Race Rocks lightstation has witnessed many maritime disasters making it a significant part of the Graveyard of the Pacific. To help avert further loss of life and property, in 1927 Race Rocks became the first site on Canada’s West Coast to be fitted with a radio beacon.

2.2.3. Architectural Significance

As a navigational aid, the Race Rocks lighthouse dominates the small treeless archipelago with its distinctive black and white horizontal bands. The design of the Race Rocks tower is consistent with other Imperial lighthouses used along colonial trade routes. There is considerable debate surrounding the origin of the stones used to construct the tower, with some sources maintaining all rock used was quarried on Great Race Rock itself. Recent restoration work showed definitively that the lower three-fourths of the tower is constructed of granite (not the basalt available locally), and the top fourth of sandstone, consistent with other sources that claim that both granite blocks quarried in Scotland and sandstone from Gabriola Island were used in the tower’s construction.

Other character-defining elements of the lighthouse’s architecture include the tower’s tall tapered form and stately proportions, robust rusticated block construction, raised door and windows set in arched openings of the thick masonry, its aesthetic design, and lasting-quality craftsmanship. The black and white bands reinforce the lighthouse’s picturesque, maritime setting on Race Rocks, making it an easily recognized regional landmark.

2.2.4. Environmental Values

The islands of the Race Rocks archipelago are just the protruding tips of an ancient volcanic core that rises up from the ocean floor. Because of this distinct origin, the steep rock walls and narrow channels found in the AOI interact with and enhance the strong tidal flows of the Juan de Fuca Strait, creating areas of significant upwelling and seawater mixing. In February 1999, the Canadian Hydrographic Survey presented an acoustical bathymetric map of the Race Rocks AOI and surrounding area to 100m to further scientific understanding of the area’s currents and ecosystems (see Figure 2.1). An important consequence of the unique oceanographic conditions found at Race Rocks are the relatively cold, clear, and nutrient-rich waters ideal for the kelp forest ecosystem found in the AOI.

Figure 2.1: The black area represents land and areas not included within the survey (2d capture of entire area from south – 1 x magnification ). Bentinck Island appears at the top of the picture. Great Race Rocks, where the light station is located, is the large island in the center of the picture.

Kelp forests are the most productive ecosystems on the planet, and a conservative estimate of 7,370 metric tonnes representing more than 41 taxa of marine algae is thought to exist within the boundaries of the Race Rocks Ecological Reserve. The dominant kelp species Nereocystis luetkeana (bull kelp) forms thick canopies along the surface in approximately half of the AOI, while dense understory aggregations of Pterygophora californica (perennial kelp) form beds on the seafloor over an even greater area. Kelp forests of Nereocystis are predominantly found in wave-exposed areas where they absorb kinetic wave energy, sheltering nearby coastlines and influencing sedimentation and coastal erosion patterns. Furthermore, kelp forests host a great diversity of invertebrate and vertebrate species, acting as refuges and nurseries for young northern abalone (Haliotis kamtschatkana), Rockfish (Sebastes spp.), and other commercially important stocks.

Abalone were once found in great abundance in the Race Rocks AOI and surrounding area, however Haliotis kamtschatkana is now a severely depleted shellfish throughout the southern Vancouver Island region and in 1990 the entire coast of British Columbia was closed to harvesting. In 1999, research showed that protection against illegal harvest provided by a manned-presence at Race Rocks resulted in greater abundance and size of abalone than in surrounding areas (Wallace, 1999). Furthermore, the wide range of abalone sizes at Race Rocks indicated active recruitment and population growth in the AOI, a phenomenon not observed outside of protected areas.

Rockfish are found through the northern oceans, however the waters of the Pacific Northwest provide habitat for the greatest species diversity. There are at least 6 known species of Rockfish in the Race Rocks AOI; the most common of these being the Sebastes melanops (Black), Sebastes caurinus (Copper), and Sebastes maliger (Quillback). DFO monitoring in B.C. has shown that inshore rockfish populations are at low levels of abundance, particularly those within the inland waters of Vancouver Island. Since 2002, Federally-designated Rockfish Conservation Areas (RCAs) around the coast have been designed to alleviate further population declines associated with recreational and commercial fisheries. However, forward-thinking conservation initiatives proposed by Race Rocks community stakeholders succeeded in 1990 with the first federal closure of commercial and sport fishing for groundfish of any marine reserve area on the B.C. coast. It is hoped and generally believed by stakeholders that the protection of Rockfish stocks at Race Rocks creates positive spillover into nearby areas where fishing is permitted. The Race Rocks Eco-Guardian reports fishing infractions as one of the most common negative human impacts on the Race Rocks ecosystem, second only to munitions testing and disposal carried out by the Department of National Defense. The proposed Race Rocks MPA approximates the current boundaries of the current Race Rocks RCA.

The Race Rocks islets serve as a haulout and excellent viewing opportunity for four pinniped species: two Otariidae (eared) and two Phocidae (true) seal species. Harbour seals (Phoca vitulina) are the most abundant pinniped species in B.C. waters, making year-round use of the Race Rocks AOI as both a haulout and pupping site. Harbour seals are observed to congregate in ‘nursery areas’ within the AOI from July to September to raise their pups; a sensitive time when viewing and administrative activities are reduced to minimize impact. Northern elephant seals (Mirounga angustirostris) have expanded their historical range northward and can now be found at Race Rocks from December to September. Elephant seals were first observed to use the haul outs in the Race Rocks AOI for moulting in 1998. In 2009, the first recorded Canadian birth of an elephant seal occurred on Great Race Rock. In 2010, four births were observed, however all pups perished before weaning. Race Rocks is the only known Canadian breeding colony for the Northern elephant seal. Steller sea lions (Eumetopias jubatus) are the largest Otariid at Race Rocks and males of this species are present in the AOI year-round. Steller sea lions are listed by COSEWIC and SARA legislation as Special Concern and are particularly vulnerable to entanglement in lost fishing gear and marine garbage. The first rescue of an entangled sea lion in Canada occurred at Race Rocks in December 2009 with the combined effort of DFO and the Vancouver Aquarium. Male California sea lions (Zalophus californianus) are seen sporadically in the Race Rocks AOI throughout the year, with the greatest abundance found from August to October. Sea lion abundance in the reserve can reach 1500 individuals, a time when each rocky islet in the reserve is used as a haul out. A year-round population of ~100 Steller sea lions are generally found on North, Middle, or South-East Rocks. The Callorhinus ursinus (Northern Fur seal) species has not been observed at Race Rocks for more than 20 years. Southern Resident and Transient Killer whale (Orcinus orca) populations are regularly sighted in and around the AOI, and Humpback whale sightings have increased in recent years. Disturbances of Harbour seals, Steller sea lions, California sea lions, and Orca whales by Department of National Defense activities around and in the AOI have been documented.

A diverse array of seabirds, migratory songbirds, and birds of prey make use of the Race Rocks AOI. Three species of seabird (Larus glaucescens, Cepphus columba, and Haematopus bachmani) currently nest on Great Race Rock. Seabirds and songbirds are attracted to the Race Rocks AOI for its high abundance of food and protection from land-based predators, however River otters (Lontra canadensis) that have found refuge in the stonework found on Great Race Rock have recently invaded the ecosystem and prey upon cormorants and unfledged seagulls. Seabirds are regularly seen to congregate around ‘bait balls’ and sea lions feeding on larger fish such as salmon or sturgeon. Boat traffic is known to disturb seabird foraging behaviour (Ronconi & St. Clair, 2002), however these aggregations of seabirds serve to attract rather than discourage the majority of vessels in the AOI. Peregrine falcons (both Falco peregrinus pealei and Falco peregrinus anatum) are attracted to the Race Rocks AOI because of high concentrations of seabird prey species. Both of these species are listed by COSEWIC under Special Concern and have been observed to make regular use of the railings surrounding the lantern room of the Race Rocks lighthouse. Between November and April, Bald eagles (Haliaeetus leucocephalus) congregate mainly on North, West, and South-East Rocks providing excellent winter wildlife viewing opportunities in the AOI. The Race Rocks Eco-Guardian recently documented and photographed the second owl species (Strix varia) known to make use of the AOI.

2.2.5. Stewardship

The Race Rocks Ecological Reserve has served as and continues to be a commendable example of shared stewardship and ecological protection. Since the establishment of the ecological reserve, every community stakeholder has made efforts to reduce their impact on the Race Rocks ecosystem and improve the sustainability of their use of the marine resources found in the AOI. The importance of protecting Race Rocks became particularly evident in 1997 with the destaffing of the light station on Great Race Rock. Conservationists believed that the low compliance rates with existing regulations—despite a manned presence—would only worsen without supervision of the sensitive and limited resources found in the AOI. Pearson College stepped up to this conservation challenge and has provided a full-time staff of Eco-Guardians to maintain the facilities on Great Race Rock and to protect and promote the Race Rocks ecosystem for the last 13 years. The 2005 “State of British Columbia’s Ecological Reserves” report cites the work of Pearson College as an exemplary case of building partnerships, supporting on-going research, and stewardship. As of 2005, Race Rocks was the only ecological reserve with an up-to-date inventory of species, thanks in part to the annual sub-tidal surveys performed by Pearson College students since 1980. As part of their commitment to research and inventory work, Pearson College hired marine scientists as the reserve’s Eco-Guardians in 2008 and 2010; their work has catalogued many species previously unknown to make use of the Race Rocks AOI including 14 new vertebrate observations. Recreational boaters and fishermen wary of DFO officers have commented that they appreciate the community-based approach employed by Pearson College staff to protect and encourage deeper stewardship of Race Rocks.

2.2.6. Education & Research

One of the original stated purposes of the Race Rocks Ecological Reserve was to preserve the ecosystem for educational purposes (Fletcher et al. 1980). Within sight of the province’s capital, Race Rocks has incredible biological importance for and serves as a unique showcase of the natural history of southern British Columbia. From the very beginning, students and educational aims have been a critical component of protecting Race Rocks. Heavy student involvement and direct lobbying was instrumental in the creation of the Race Rocks Ecological Reserve (ER#97). Following Pearson College’s example, the wildlife-viewing community and Shaw Ocean Discovery Centre utilize the tremendous educational potential of Race Rocks to help educate visitors in the Salish Sea ecosystem and the significant natural links between organisms and human activities.

The College has led educational initiatives for Race Rocks since 1978, keeping an up-to-date inventory of species, facilitating Christmas Bird Counts in the ecological reserve, attracting and supporting external research, and providing the award-winning “http://www.racerocks.com ” website. Created in 1999, racerocks.com has brought a cornucopia of real-time video and audio, weather reports, archived educational videos, curriculum resources, and other materials to hundreds of thousands of visitors. Environmental Non-Governmental Organizations (ENGOS), the wildlife viewing community and Shaw Ocean Discovery Centre use resources made available by the College through the racerocks.com website to stress the importance of protecting the Race Rocks ecosystem. The College is building wi-fi and other technological capacity to better facilitate the educational objectives of the wider stakeholder community.

Over the past 30 years, external research conducted in the Race Rocks AOI has diminished. The University of Victoria once had a strong involvement at Race Rocks, with ongoing seabird and other ecology programmes (Dr. T. Miller, personal communication). Currently, data from environmental and population monitoring provided by Pearson College has taken a more prominent role in external research activities. Recently, research attention has been directed at Race Rocks in an effort to understand the interplay between community stakeholders, First Nations, and the Canadian government surrounding conservation issues (Murgatroyd, 1999; LeRoy, 2002). The Race Rocks MPA designation process has been identified as a model for evaluating and processing other candidate MPA areas, however process length and cost are considerable problems that face future conservation efforts of this type.

The Race Rocks ecosystem is an integral component for other regional ecosystems, however its educational value has a global appeal. The first Canadian Underwater Safari production involved terrestrial and underwater videography at Race Rocks and showcased the AOI’s ecology to audiences across Canada and the eastern US with an estimated 2 million viewers. Since 2008, documentary filmmakers and television crews from Germany and South Korea have used the Race Rocks AOI to educate audiences in their home countries of this globally significant ecosystem.
2.2.7. Ecosystem Services and Valuation

As the MPA designation process moves forward for the Race Rocks AOI, a Cost-Benefit analysis must decide if the additional onus on Canadian taxpayers, businesses and government resources merits specialized protection for the resources contained within the proposed boundaries. An important class of information missing from this and many other conservation decisions is that of ecosystem valuation and natural capital, that is how natural systems sustain and fulfill human life. Global efforts are underway to value both ecosystems and the multitude of benefits they provide to increase human welfare (Costanza et al. 1997; TEEB 2010), however without true cost pricing indexed to actual social and environmental costs policy makers are confronted by a scarcity of economic incentives to maintain nature. In the Race Rocks MPA context, valuation techniques must first identify important uncertainties such as the replacement cost of Rockfish and abalone populations contained in the AOI before an understanding of conservation success and associated economic benefits can be reached. In matters such as the value of marine mammals to commercial interests, both the impact of human activities and the willingness of individuals to pay to protect ecosystems must also be known (Jansson et al. 1994).

3. PRESENT AND POTENTIAL: COMMUNITIES AND OTHER STAKEHOLDERS

3.1. Local Demographic Trends

In 2009, there were an estimated 367,572 people living in the Capital Region District, and a population of 371,748 is estimated for the CRD in 2010 (see Figure 3.1). Metchosin, the closest community to Race Rocks, had an estimated population of 5,133 in 2009. Communities in the CRD and their estimated populations are listed in Table 3.1.

Figure 3.1: Southern Vancouver Island and the Capital Region District (from BC Stats).



Table 3.1: Population estimates for CRD Municipalities: 1996-2009. Source: BC Stats. November 2010.

The CRD’s population has increased by ~12% since 1996, and another 12% increase (to 412,789) is expected by 2020. Current projections hold that the CRD will surpass 400,000 people by 2017, and long-term projections estimate a CRD population of 461,412 by 2036 (BC Stats, 2010). Changing population structures in the province are thought to explain a general decrease in fishing activities (as measured by number of fishing licenses sold). Comparisons of provincial Labour Force data from the 2001 and 2006 censuses show that employment in the fishing, hunting and trapping industry was down 22.7% in the CRD compared with a provincial increase of 1.3%. Employment in the mining and oil gas extraction increased 87.9%, more than double the provincial growth average. Unemployment rates in the CRD have shown steady declines since the 2001 figure of 6.6%; the unemployment level in Victoria was a reported 3.9% in January 2009 (Statistics Canada 2009).

3.2 Socioeconomic Sectors and Activities

The diversity and abundance of wildlife, picturesque setting, and eponymous oceanic currents that race around the nine islets in the Race Rocks AOI encourage a variety of socioeconomic activities. This section presents a snapshot of the activities as they presently occur at Race Rocks.

3.2.1. Recreational Boating

i. Historical and Current Situation Analysis
The recreational boating sector traditionally encompasses three sectors of private boat owners, namely: power boating, sail boating, and human powered boating (kayaks, canoes, rowboats). In this report, sea kayaking is treated as a separate entity. Recreational boating is therefore defined as power and sailboat cruising, more specifically referring to cruising or sailing as the main purpose of the activity taking place (as distinct from fishing). It includes cruising by local residents and visiting boaters. These boaters make both operating and capital expenditures.

Race Rocks’ position in the Juan de Fuca Strait makes it accessible to numerous ports and is considered a high traffic area for boating. It is strategically located as it has the only direct water access from Georgia Strait and Puget Sound to fishing grounds and wildlife viewing areas on the west coast of Vancouver Island and Washington State. It is also a good reference point in terms of navigational use, being equipped with a fully functional lighthouse and a fog horn. Its prominent positioning and surrounding rock inlets as well strong currents makes it an easily recognizable area for local boaters.

The nearest slipway and marina is located at Pedder Bay, which is approximately 2 miles to the North. However, recreational boaters from Becher Bay and Sooke (to the Northwest) as well as Esquimalt and Victoria (to the Northeast) frequent the AOI. Recreational boaters from Washington State also visit Race Rocks, however fewer than 5 such vessels per year have been observed since 2008. Recreational boating traffic is largely weather-dependent and reaches its highest volumes during the summer months with a steep decline in October and for the duration of the winter months.

The majority of recreational boaters that enter the reserve engage in wildlife viewing. The Race Rocks area has a high concentration of marine life and on any given day depending on the season, boaters can see whales, two species of sea lions, Canada’s only elephant seal breeding colony as well as an impressive abundance and diversity of seabirds. The highest levels of boat traffic occur during the summer months, coinciding with peak seasons for most wildlife species that use the AOI. The Race Rocks lighthouse, the second oldest in the province of British Columbia is also of interest to boaters for its historical significance in the region. The AOI is highly picturesque, with an attractive lighthouse surrounded by the Pacific Ocean with a background of the Olympic Mountain range. This distinct coastal panorama makes for an impressive sight and leaves a lasting impression to all who visit.

The high-current channels and other navigational hazards around the rocky islets discourage most sail-powered vessels from entering the Race Rocks AOI, with the exception of competitive teams in the annual Swiftsure Race. A team in the 2010 Swiftsure Race was unaware of Race Rocks’ protected status and anchored in the ecological reserve. The HMCS Oriole (based at CFB Esquimalt) makes regular training trips to the waters east of Race Rocks, engaging its on board engines when necessary.

An estimated 5-10% of recreational boaters engage in illegal fishing activities in the Race Rocks AOI. Less than 1% of these vessels will be transporting SCUBA divers. These figures are a result of observation by the Eco- Guardians on the island and from Daily Log records available on the Race Rocks website. A significant proportion (up to 50%) of recreational boating traffic is either not knowledgeable or chooses to disregard the 7 knot speed limit within the reserve boundaries. However, the majority of recreational boaters do maintain the same or greater viewing distances from marine mammals as commercial wildlife viewing vessels (see section 4.1.2).

A small but growing number of recreational vessels drive through the kelp beds in the Race Rock AOI, some of which then require assistance. The latest case of a recreational vessel running aground and requiring assistance was 2005. It is often impossible to raise recreational boaters at Race Rocks on VHF 16 or 68 with many boaters reporting a preference of cell phones over maritime radio.

ii. Future Outlook for Recreational Boating
The Georgia Basin and Puget Sound region has an estimated population of 6 million inhabitants with high rates of boat ownership. This has contributed to continuing strong demand for recreational boating in the regions coastal waters. There is no statistically reliable estimate of use levels for the study area. The development of nearby communities is expected to contribute to an increased boating use in the AOI. Demographic trends in the area suggest that an ageing population with greater wealth and leisure time will seek out and invest in motorized activities due to its ease and convenience. The Race Rocks AOI is thus expecting more frequent visitors due to its setting as well as its historical and natural values.

3.2.2. Kayaking

i. Historical and Current Situation Analysis
This recreational activity is growing in popularity in the Capital Region District, and visits to the Race Rocks AOI by kayakers have increased in recent years. Large, organized kayaking groups will leave from Pedder Bay, timing their visits to Race Rocks for slack or variable tides. Increasingly, small groups (2-3) visit Race Rocks during strong ebb or flood tides to ride the strong localized currents between the rocky islets, seeking refuge in sheltered kelp beds to rest. Fewer than 50 kayakers have visited the ecological reserve annually since 2008. Kayaking is widely believed to be a non-obtrusive form of wildlife viewing, however the stealth of these silent craft can surprise marine mammals, leading to the highest rate of marine mammal disturbances per vessel visit of any human activity at Race Rocks. Kayaking groups have landed on Great Race Rock seeking to camp, explore, and use washroom facilities for each of the last three summers.

ii. Future Outlook for Kayaking
Access to the Race Rocks AOI is available to a wide age range of the region’s population. Visits to the AOI by kayaking groups is expected to increase in the coming years and increased outreach efforts are required to educate this sector in the regulations and requirements of human activities in the ecological reserve.

3.2.3. Sportfishing

i. Historical and Current Situation Analysis
The waters of South Vancouver Island are regarded as an important sport fishing destination with thousands of anglers seeking Pacific salmon, halibut, lingcod, rockfish and invertebrates such as prawn and crab year round in the vicinity of the AOI. The peak of the salmon-fishing season occurs in the late summer, with halibut as the main target species in the winter months. No official numbers exist on the number of active anglers in the area although the 1999 baseline assessment approximated that the AOI supported 4,320 sport fishing trips annually.

Sportfishing is currently not permitted in the majority of the Race Rocks AOI. A Rockfish Conservation Area (RCA) prohibiting hook and line fishing within the 40m depth contour surrounding Great Race Rock and Rosedale Reef is now in effect. Shellfish harvesting is also prohibited within 800m of Great Race Island. Despite these two bans in place, the AOI provides a geographical and navigational focus point for mariners. It also creates a refuge for resident fish species and their feed, and is believed to act as a seeding ground for the surrounding areas which are frequented by anglers. The Race Rocks AOI also provides an opportunity for anglers to view wildlife, a historical lighthouse and a beautiful setting, thus enhancing the value of their recreational fishing experience.

The local sportfishing community can be divided into two distinct functional groups: the experienced fishers with significant local knowledge and who have actively fished around the AOI (since before the first RCA closure), and the novice fishers who lack practical local knowledge of the fishery or regulations. The first group generally does not enter the Race Rocks AOI unless during sporadic wildlife viewing events. The second group is most active on holiday weekends and often uses the Race Rocks AOI to transit to and from halibut fishing grounds to the South and West of the Ecological Reserve. The majority of vessels fishing illegally in the Race Rocks RCA originate from the Pedder Bay Marina, most of these being rental boats. Those contacted during fishing infractions express an ignorance of their location: “This is Race Rocks?”, mistakenly think the RCA was defined by physical distance from the islets, or are completely unaware of any protection measures in place. Signage posted on the Rosedale Rock navigational buoy has been proposed to notify novice fishers and boaters of conservation measures. In recent years, non-First Nations fishers have claimed status when questioned by the Eco-Guardian. Currently, there are not enough financial or human resources available to enforce the bans in place. This on-paper regulation degrades fish stocks in the AOI and may impact surrounding areas.

Lost fishing gear and reckless boating practices have been observed to harm marine mammals in the AOI and have been documented on the Race Rocks website. Enhanced public education programs are thought to be a key feature in reducing the harm that can be caused by human behavior.

Fewer numbers of fishing licenses sold within the province of British Columbia and diminishing availability of major target species, mainly salmon populations have contributed to a declining recreational fishery catch within the past 20 years. Harvests have been declining despite the fact that many fishermen practise catch-and-release. Many recreational fishermen are unaware that catch-and-release fishing yields limited value for Rockfish because of swim-bladder rupture and infection prevalent in Rockfish brought to the surface.

ii. Future Outlook of Sportfishing
The decadal trend in decline in the number of fishing licenses will likely continue due to diminishing fish resources. However, it is hoped that with the Rockfish Conservation Area in place and with continued preservation of the AOI, the surrounding waters will become host to larger populations of fish, thus drawing additional anglers to the region. Furthermore, increased public education initiatives will result in a better stewardship of the Race Rocks AOI by the sportfishing community.

3.2.4. Wildlife Viewing

i. Historical and Current Situation Analysis
Wildlife viewing encompasses a wide range of activities and, as such is difficult to document and classify. It can be formal or informal, guided or unguided and can be a part of other activities. Wildlife viewing occupies a major portion of British Columbia’s tourism industry.

Wildlife viewing is the most prevalent human activity currently occurring in the Race Rocks AOI with an estimated 2000-3000 vessel visits each year. The Race Rocks islets serve as a haulout and excellent viewing opportunity for four pinniped species: two Otariidae (eared) and two Phocidae (true) seal species. The Callorhinus ursinus (Northern Fur seal) species has not been observed at Race Rocks for more than 20 years. Southern Resident and Transient Killer whale populations are regularly sighted in and around the AOI, and Humpback whale sightings have increased in recent years. The historical Race Rocks lighthouse is also an attraction to the AOI. The Race Rocks AOI is not considered a principal whale watching area, however, it is used when there is a shortage of sightings in other areas. Furthermore, the opportunity to see different species of marine mammals and bird species along with the historical and cultural significance of the area, makes it a popular choice among those engaging in wildlife viewing.

Both commercial operations and informal viewing activities take place, however commercial operations account for the majority of tourist and vessel traffic. Informal viewing follows the seasonal pattern of recreational boating with virtually no activity during the winter months. Commercial operations peak in summer months with up to 50 vessel visits a day, however regular visits are conducted to the Race Rocks AOI throughout the year. The majority of vessels are rigid-hull inflatables with a capacity of twelve passengers and two crew. These vessels are capable of high speeds in order to reach the whales and are able to approach animals at a closer range than larger capacity boats. Vessels are generally crewed by a captain and an on-board naturalist whereas in some boats these duties fall to just one crew member (Murgatroyd 1999). Natural interpretation allows for greater public awareness of the natural world and is a source of public education and is considered a value-added feature of commercial wildlife viewing. The breadth of conservation and stewardship issues that can be introduced to visitors within the AOI are great due to the great concentration of marine life available in a coherent and visually impressive entity. The encounters at Race Rocks can have a significant impact on viewers and can impel them to become involved in the marine conservation movement.

In 1998, whale watchers on the Canadian West Coast generated approximately $14 million in direct revenues and $108 million of total revenues (Fisheries and Oceans 2003b). Victoria has the highest concentration of whale watchers and is believed to generate approximately $12 million for the local economy.

Commercial wildlife viewing has increased in the AOI over the last 10 years. Most commercial eco-tour operations that make use of the AOI belong to the Pacific Whale Watch Association (PWWA), which has developed a set of local whale and wildlife guidelines for Race Rocks. These guidelines are generally less stringent than Fisheries and Oceans Canada’s marine mammal viewing guidelines but can serve to reduce the impact of this activity on wildlife in the Race Rocks AOI when followed. No regular aircraft-based wildlife viewing has been noted at Race Rocks.

ii. Future Outlook of Wildlife Viewing Activities
Wildlife viewing activities within the Race Rocks AOI are likely to see an increase in the long term demand as visitors become more aware of environmental opportunities and want to experience wildlife “up close and personal”. Although his trend will depend largely on the highly fluctuating tourism market, barring significant changes in the availability of wildlife at Race Rocks, the number of visitors to the area will likely increase.

Additional regulations for the wildlife viewing industry are not thought to be required at this point. However, enforcement of and greater adherence to the guidelines in place are critical in order to continue maintaining the ecosystem with fair and equitable access. As both professional and federal guidelines will be updated to reflect the best scientific knowledge available in sustainable viewing practices for marine mammals, policies such as traffic volume and noise limits or time/place access restriction may come to play a part in future structuring of wildlife viewing activities occurring within the Race Rocks AOI.

An increased capacity of the Race Rocks administration and Race Rocks website will enhance the experience of all involved if cooperation between different user groups continues along current lines. Increased multimedia resource availability for those travelling to the Race Rocks AOI focusing on public education and environmental stewardship is thought to be an ideal next step in promoting these values among those who experience Race Rocks firsthand.

3.2.5. SCUBA diving

i. Historical and Current Situation Analysis
Recreational divers were among the first to realize the uniqueness of the Race Rocks habitat and continue to explore the area’s underwater topography and biodiversity. The area is known to have fast currents and thus is frequented only by experienced divers. Dive charters originating from Pedder Bay and Victoria make up the majority of diving-related traffic in the Race Rocks AOI with trips occurring on a weekly basis throughout the year. However, Ogden Point Dive Centre is the only company regularly conducting trips to Race Rocks, visiting the AOI weekly during the entire year, with approximately six to eight clients per trip. Pearson College also brings divers to the AOI, with most diving occurring in October and February. Recreational SCUBA diving is considered a low-impact activity, however gear loss and improper diving techniques can negatively impact sensitive benthic communities. Shellfish poaching by SCUBA divers in the AOI has been reported (Demarchi & Bentley 2003).

The 2009 Socio-Economic Assessment estimated that the demand for diving at the Race Rocks AOI represents $40,000 in direct spending on dive services and another $250,000 indirectly for travel-related purchases per year.

ii. Future Outlook for Scuba Diving
As SCUBA diving is a high risk activity practiced by a low percentage of the population, and given the characteristics of the AOI requiring high skill levels, the frequency of the activity is expected to remain stable in coming years.

3.2.6. Race Rocks Administration:

i. Historical and Current Situation Analysis
All activities at Race Rocks are subject to review and approval by the Race Rocks Operating Committee consisting of BC Parks and Lester B. Pearson College. Currently, the islands of Race Rocks are considered Crown Land belonging to the government of British Columbia. BC Parks administers the island as a Provincial Ecological Reserve. It leases to the Canadian Coast Guard, (a division of the Department of Fisheries and Oceans) the envelope of land surrounding the lighthouse, also including the vertical solar panels and the fog horn. In 1997, BC Parks granted Lester B.Pearson College a 30-year lease to manage the ecological reserve, and all the facilities not leased by the Canadian Coast Guard on the island. The maintenance of all facilities (except those leased to DFO), the provision of a manned presence on the island, and the protection of marine resources in the AOI have all been undertaken at the expense of Lester B. Pearson College which have been valued at $150,000 per year.

Despite fiscal restraints that limit conservation activities in the AOI, cooperation and support in instances of marine mammal disturbances and illegal fishing violations continue to be an integral part of government participation in protecting Race Rocks. The Department of Fisheries and Oceans (DFO) has also invested in a special notice to boaters and anglers in the vicinity of Race Rocks regarding the regulations that must be followed while in the ecological reserve. In one specific instance since 2008, a Canadian Coast Guard Ship, the CCGS Atlin Post, was available to give support to the Eco-Guardian in stopping a fishing violation in progress occurring in the Rockfish Conservation Area.

A permit is required for any research or commercial activity within the ecological reserve. Great Race Rock has a private-use jetty and can be accessed by permit only or through prior authorization of Lester B. Pearson College. This policy endeavours to minimize human impact on the island and to preserve sensitive natural systems. The staff and students of Lester B. Pearson College, including the resident Eco-Guardians, are available to assist in external projects that contribute to building a wider base of knowledge about the islands. All research, print material, film, video and other products from research activities at Race Rocks will be made freely available to the public via the Race Rocks website and will be available for use in the Pearson College library.

The commitment of volunteers, faculty, staff and students of Pearson College over the last 30 years in assembling the resources of Race Rocks and then making them available on racerocks.com and racerocks.ca is evidence of a wider public value of maintaining the ecological integrity of the reserve, while continuing to share with and educate a global audience.

ii. Future Outlook of Race Rocks Administration
Prohibitive financial and logistical constraints on government agencies leave both federal and provincial ministries unable to fund or otherwise support administrative actions at the Race Rocks AOI under its current status. Despite limited sources of income, Lester B. Pearson College is committed to its mission of reducing human impact in the AOI and on Great Race Rock in particular by barring paying eco-tourists from touring the island. The College is also committed to explore and expand research and educational opportunities on the island. Integral to a future manned-presence in the AOI, the College will continue to demonstrate the use and integration of sustainable resources and renewable energy with the goal to reduce the emissions from operations to an absolute minimum.

3.2.7. Research

i. Historical and Current Situation Analysis
The unique location and characteristics of the Race Rocks AOI has allowed it to be an important site for researchers in past years. Certain types of ecological data has been recorded continually for over 87 years and has resulted in an unbroken chain of data that is of particular significance for climate analysis and modelling. The types of research undertaken at Race Rocks AOI aim to contribute to a better understanding of the Salish Sea and what conservation practises are most suitable for marine ecosystems.

Lester B. Pearson College has made its staff and facilities available for on-site research projects, providing a Marine Science Center featuring space for 6 people, a kitchen and basic furnishings for researchers on Great Race Island. Since 1974, Lester B. Pearson College staff and students have been the main researchers at Race Rocks and have worked with a variety of researchers to gather and document scientific information. With the establishment of the Race Rocks website in 1999, off-site researchers have been able to use the AOI for their own research. Streaming data is available online and is continually updated and archived. Historical data and past research projects conducted on Race Rocks are freely available through the racerocks.com website and from the Lester B. Pearson College library. At most times, two remote-controlled cameras can be used to collect qualitative and quantitative data from anywhere in the world with an internet connection.

Research at Race Rocks capitalizes on the islets’ location in the Salish Sea, high densities of marine life, and the strong academic and procedural traditions of reducing human impacts, increasing public awareness and environmental monitoring. Prominent fields of research include Energy Systems, Conservation Issues, and Pure Discovery.

Some of the research includes:

• Oceanographic data for temperature (daily since 1923) and salinity (daily since 1934)
• AXYS Wind Assessment technology (2010) measuring offshore wind energy through an offshore buoy designed to record wind speed and direction data profiles up to 200 meters elevation
• Surface water temperature and salinity data gathered at Race Rocks between 1948 and 1957
• Inter-tidal and sub-tidal flora and fauna study for the proposed national marine park in Juan de Fuca Strait (Goddard, 1975).
• The Institute of Ocean Sciences (IOS), had a number of research vessels in the Race Rocks area between 1951 and 1982.
• A study of effects of human-caused disturbances on marine birds and pinnipeds at Race Rocks (Demarchi & Bentley 2004).
• A master’s thesis on the public process and the Creation of a Marine Protected Area at Race Rocks (LeRoy 2002).
• Race Rocks Digital Herbarium (Murphy 2002a) and The epiphytic community of Pterygophora
californica: Race Rocks MPA. (Murphy 2002b).
• Alberto Lindner’s visit to Race Rocks in 2002 as part of his study into the systematic evolution of the hydrocoral populations.
• Canadian Hydrographic Service work on multi-beam sonar research in 1999.
• Race Rocks sea bed imaging and mapping survey undertaken by Coastal and Ocean Research Inc. in 1999.
• Scott Wallace’s research in 1997 and 1998 of the population dynamics of the Northern Abalone.
• The study Seasonality of Hydroids from an intertidal pool and adjacent subtidal habitats at Race Rocks (Brinckmann-Voss 1996)
• The study Rhysia fletcheri (Cnidaria, Hydrozoa, Rhysiidae), a new species of Colonial Hydroid
from Vancouver Island (Brinckmann-Voss 1993).

More research has been conducted by students of Lester B. Pearson as part of their coursework and is on file with BC Parks.

ii. Future Outlook of Research at Race Rocks
In the past few years, research at Race Rocks has been conducted mostly by Lester B. Pearson College staff and students as part of their International Baccalaureate programs. Once strong research partnerships with institutions such as the University of Victoria has dwindled, thus the majority of outside research is now attracted by Pearson College. It is hoped that a future MPA status and increased DFO support will help to fill the many knowledge gaps on the system of the AOI, will enhance ongoing projects and will attract more research activity.

3.2.8. Education and Outreach

Lester B. Pearson College is an educational institution with students from 85 countries, each attending on full scholarship. The Race Rocks Ecological Reserve is managed by the Race Rocks Operating Committee but has been granted a 30-year lease by BC Parks for operational and programming purposes. The students at Pearson College are involved at Race Rocks through their science classes as well as activities such as scuba diving and by completing a 48-Hour curriculum that highlights environmental stewardship, conservation and education.

Visits by external educational institutions such as elementary and high schools were a part of the Race Rocks agenda in the past. However, such visits are now discouraged in an effort to reduce the human impact on the islands and have been replaced by the low-impact web-casting. Increased technology capacity has meant that more curriculum has been developed for remote students to use the cameras and data in place without impacting the Race Rocks environment.

The racerocks.com website is devoted to increasing educational resources available for students, researchers and educators around the world, while concomitantly limiting environmental impact on the main island. The Race Rocks website is also a place that preserves cultural and historical knowledge of the area, people and historical events surrounding the lighthouse and its keepers as well as traditional practices of the indigenous communities with prehistorical connections to Race Rocks. For example, several interviews were conducted with Earle Claxton, councillor of the Tsawout First Nations, in which he shares Coast Salish cultural knowledge of Race Rocks and its marine resources are now available in perpetuity.

Pearson College has found the website tool has many educational applications
including:
• The Jason Program Activity Files on Race Rocks;
• The Apple Learning Interchange Files;
• The Race Rocks Taxonomy Page;
• The Adopt an Ecosystem Project;
• Race Rocks as a Resource for Statistics exercise;
• Links to Race Rocks for the BC Grade 11 Curriculum;
• IB Biology and Environmental Systems Ecology Resource;
• The Animal Behaviour studies; and,
• The Ecological Niche and the Transect File.

Outreach programs consist of public service announcements concerning the hazards of misappropriate use of Race Rocks resources and illegal and/or harmful behavior that may take place. The website is the primary point of contact for these programs, however contacting the media when large-scale, immediate appeals are necessary (i.e. marine pollution entangling marine mammals). Lester B. Pearson College is also committed to working with local First Nations to disseminate cultural knowledge regarding conservation practices.

ii. Future Outlook of Education and Outreach
Lester B. Pearson College is committed to continuing its support of innovative educational and research opportunities. It hopes to secure funding for operational costs ensuring Race Rocks activities can continue at present levels. However, management capacity is limited with financial constraints that have already reduced college operations. For the first time in its 37 years of existence, the College has had to reduce enrollment in order to maintain its full scholarship merit-based acceptance policy. It is hoped that MPA status would contribute to greater public awareness and understanding of human impacts and work at Race Rocks and attract more resources for the protection of this and connected ecosystem. Expansion of public outreach programs are planned with increased technological resources and development of a network of environmentally-conscious and informed students, researchers and public able to generate online content. Off-site educational centers such as the Shaw Discovery Centre will benefit directly from technological advances better enabling personnel at Race Rocks to share their experiences more widely through the use of available media. An increased role of wildlife viewing commercial operations through better-trained operators and interpreters will be an effective way to increase public understanding of the conservation issues that face Race Rocks.

4. VALUES AT RISK ANALYSIS

4.1 User Conflicts

4.1.1. Department of National Defense

The Department of National Defense (DND) makes year-round use of Military Training Area WQ (Whiskey Quebec), which encompasses the majority of the Race Rocks AOI (see Figure 4.3). Additional training areas to the south and east of the Race Rocks AOI also create marine traffic around and air traffic above and around the ecological reserve. Nearby Whirl Bay is designated an Underwater Demolition Range.

Figure 4.1: Military Training Area WQ and the Race Rocks Ecological Reserve (source Fisheries and Oceans Canada).

The most frequent DND activities impacting the Race Rocks AOI are the burning and detonation of munitions and the explosives training for military personnel (together referred to as ‘blasting’). Bentinck Island, the closest point of land to the Race Rocks AOI, holds several Propellant Burning Areas (PBAs) and High Energy Open Detonation Areas used by CFAD Rocky Point. A 2000 environmental assessment showed activities in PBAs such as burning of gun propellants was a dirty process and action was required to reduce heavy metal and nitroglycerine contamination occurring at this site (Ampleman et al. 2000). This Defense R&D Canada assessment stated that the climactic conditions at CFAD Rocky Point created incomplete combustion of explosives and increased ground infiltration of contaminants such as nitroglycerin. Thus, the inappropriateness CFAD as a blasting site is not only an environmental concern, but has been a safety concern as well (Ampleman et al. 2000). Aside from environmental contamination, noise pollution from blasting—with up to 12 high-order detonations per day—is viewed as the most significant and detrimental human impact on the marine resources in the Race Rocks AOI. All respondents to this study indicated their concern of the impact of blasting on the fish and wildlife at Race Rocks and the surrounding area, and DND has responded with on-going environmental assessments by LGL Ltd. Environmental Research Associates during some blasting exercises. In addition, the shock waves from blasting has caused items to fall off walls and shelves in the buildings on Great Race Rock, and have caused boaters and vessel operators to fear they have run aground (note the lighthouse in Figure 4.2). The wildlife viewing community also reports blasting activity causes fear and displeasure for tourists, often contradicting their stewardship messages. Use of the Rocky Point and Bentinck Island demolition sites presents a safety concern for boaters in and around the Race Rocks AOI, so a Military Buffer Zone is established during blasting operations. This buffer zone restricts both commercial and recreational traffic through Race Passage and diverts additional traffic into and around the Race Rocks AOI. Blasting activities have remained relatively constant since 2004, however designated blasting areas have been lined with sand to absorb explosive shock waves and blasting patterns have changed with five-minute intervals between blasts introduced in an effort to minimize impact on wildlife. DND reports mitigation efforts to avoid blasting when whales are present, however blasting at Rocky Point on October 2010 while orca whales were within Military Training Area WQ was observed to coincide with a change in the whales’ direction of travel, away from the Race Rocks AOI.

Figure 4.2: High Energy Open Detonation Area at CFAD Rocky Point (from Ampleman et al. 2000).

Low-altitude overflights by DND aircraft (both Navy helicopters and Air Force fighter jets) over the Race Rocks Ecological Reserve increased significantly in 2010 (see Figure 4.3). Other community stakeholders question the necessity of these activities over the Race Rocks AOI, particularly as these loud disturbances impact hauled out sea lions (E. jubatus and Z. californianus) and seals (Phoca vitulina), as well as sensitive populations of seabirds including Brandt’s and Pelagic cormorants (Phalacrocorax penicillatus and Phalacrocorax pelagicus).

Underwater demolitions do not occur in the Race Rocks AOI, however ordinance tests using 0.5-10 kg of C4 plastique do occur at Whirl Bay (northwest of the AOI). Taken together, these highly visible and disruptive activities impact both the Race Rocks ecosystem and other socioeconomic activities that occur in and around the AOI. Respondents from the recreational boating, sportfishing and educational communities perceive DND’s activities to be a poor example of federal stewardship and inappropriate management of British Columbia’s coastal resources.

Figure 4.3: A Canadian Forces helicopter is seen flying low over Great Race Rock. Note the main residence’s eave in the top-left of the image.

4.1.2. Wildlife viewing

Boat-based wildlife viewing brings the vast majority of in-person visitors to the Race Rocks AOI. Professional and federal standards for wildlife viewing guide vessel operators to minimize their impact on the wildlife and ecosystem in general. However, individual operators often ignore professional standards of conduct established by the PWWA specifically for operation at Race Rocks. In some cases, PWWA guidelines are less stringent than stated regulations for the Race Rocks ecological reserve or DFO’s guidelines for viewing marine mammals. In both cases, guidelines have been developed in conjunction with consultations with wildlife biologists, eco-tour operators, and business leaders with the newest and best science available to ensure the safety and well being of marine mammals. Major areas of conflict include:

In 2009, DFO requested that boaters slow to 7 knots or less within 400m of the rocks surrounding Great Race Rock and Rosedale Rock. PWWA guidelines hold that vessels slow their approach to minimal wake and wash “when practical” at 220 yards from any rock or landmass in the AOI. Most operators follow the PWWA guidelines on approach to the Race Rocks area, however fewer find it practical to restrict speed when exiting the reserve.
The 2009 DFO notice also requested that boaters not approach any marine mammal closer than 100m, including those on the rocks. PWWA guidelines hold no such restriction on distance from viewing marine mammals. Operators from all companies operating in the AOI regularly approach marine mammals in the water and on the rocks as close as 20m. Instances of vessel operators pursuing sea lions in the water and driving through rafts of sea lions have been observed and reported. Approaches closer than 100m have caused stampedes of sea lions from their haul outs on Middle (Helicopter) Rocks, Great Race Rock, and South-East Rocks.
PWWA guidelines have designated a “Go Slow Zone” where vessels are to remain as close as practicable to the middle of channels between the islets of the Race Rocks AOI. Operators routinely favour routes that optimize wildlife viewing opportunities, significantly deviating from the mid-channel lines between North Rock, West Rocks, and Middle Rocks. Since 2008, large enough deviations such that operators drive through kelp beds have been noted.
Drift viewing is a recommended form of non-disruptive wildlife viewing in the Race Rocks AOI. PWWA guidelines state “vessels will transit the area with the current whenever conditions are suitable to do so”. Most operators choose to transit the area based upon their approach of the AOI, not the direction of the current. Some operators choose to make multiple passes of the same channel, motoring against the current up to 5 times in a single visit.
Engine noise from vessels in and around the Race Rocks AOI is believed to affect sea lion behaviour in the water. SCUBA divers note a change in behaviour and a relocation of Steller and California sea lions in the water when engine noise is present.

4.1.3. Ecological Reserve Management

Pearson College has attracted tens of thousands of online visitors to the Race Rocks AOI through the “http://www.racerocks.com” website, and brings ~100 marine science and biology students to Great Race Rock each year. Despite hosting student scholars from a wide range of socioeconomic and cultural backgrounds, Pearson College is sometimes viewed by the general public as a private school for kids of privilege. This perceived exclusivity and the College’s unique access to the Ecological Reserve has fostered resentment and antipathy in some individuals from wildlife viewing, recreational boating, and sportfishing communities. Keeping a manned-presence on Great Race Rock presents both current and potential problems in the AOI. Boat traffic that brings personnel, supplies, and students to and from Race Rocks can disturb foraging seabirds, and is the most disruptive human activity for sea lions hauled out on the jetty area (August-October). Furthermore, an area of kelp in front of the jetty (~5m x 5m) is removed each year to facilitate operational boat traffic. The facilities on Great Race Rock are currently powered by a combination of solar and diesel power. Since taking on administrative and operational responsibilities at Race Rocks in 1997, the College has reduced diesel requirements by 80%. However, one 10,000 L diesel tank is currently in use and another scheduled for removal. All community stakeholders have identified fuel/oil spills as a pressing concern for the Race Rocks AOI.

4.1.4. Canadian Coast Guard

Canadian Coast Guard helicopters and zodiacs make periodic visits to Great Race Rock to perform maintenance on the navigational aids located there. While low-altitude overflights can disturb marine mammals and seabirds, a CCG helicopter landing on Great Race Rock in February 2010 did not interrupt Elephant seal (Mirounga angustirostris) coitus less than 100m away. Helicopter landings during the seabird-nesting season (June-September) have been discouraged, as in the past these disruptions have led to mass mortalities in Glaucous-winged Gulls (Larus glaucescens).

4.2 Potential impacts of MPA designation

Marine Protected Areas are fast becoming a mainstream management tool for conserving marine biodiversity in the World’s Oceans and is one of the highest levels of protection given to marine ecosystems in Canada. Marine ecosystems of British Columbia occupy a complex jurisdictional space because of the division of federal and provincial powers, such that cooperation between both levels of government and consideration of First Nation aboriginal and treaty rights are required for ecosystem-level conservation efforts. In 1998, Canada’s Minister of Fisheries and Oceans announced that Race Rocks was earmarked to become one of Canada’s first MPAs under the Oceans Act. The regulatory intent has been to consult and collaborate with First Nations, community stakeholders and the general public to create a no-take Race Rocks MPA that would be part of a national system of MPAs. Consensus processes have been employed to empower local users and allow for more equitable sharing of benefits, a level of community involvement widely held as fundamental in the successful creation of an MPA (Kelleher 1999). True to its origins in adaptive management, the Race Rocks MPA designation process has struggled with scientific uncertainties and differences of opinion, however it is hoped that other conservation efforts can learn from its application and that management strategies can be adjusted as needed.

Race Rocks fits all four criteria of the 1996 Oceans Act mandate to protect and conserve:
1. Commercial and non-commercial fishery resources, including marine mammals and their habitats.
2. Endangered or threatened marine species and their habitats.
3. Unique habitats.
4. Marine areas of high biodiversity or biological productivity (Oceans Act 1996, p.s. 35(2)).

In spite of Race Rocks’ natural fit to these MPA criteria, MPA implementation is not just a conservation problem. Political and social opposition to MPA designation can stem from real or perceived financial losses associated with potential use exclusions. DFO’s responsibility to manage marine resources requires concomitant management of socioeconomic activity, and in the case for Race Rocks there is a very small geographic area impacted by increasing concentrations of human activity. Human use of natural areas, both for social and economic purposes, contributes to ecosystem degradation and adversely impacts conservation success, and it is paramount that stakeholders and the general community understand the economic trade-offs associated with conservation policies. At Race Rocks, DFO is tasked with both understanding how shifting patterns of human use impact the marine resources in the AOI and designing an effective, flexible management strategy that will make this MPA an effective vehicle for promoting long-term conservation and sustainable use practices.

In an upcoming Cost-Benefit Analysis document, DFO policymakers must ensure that MPA regulations maximize net economic, environmental, and social benefits to Canadians, businesses, and government over time (Canada, 2007). In an MPA designation scenario, scientists and resource managers have an ethical duty to make the best management decisions that arise out of multi-disciplinary science integrated with education and outreach efforts, whether or not they are convenient or politically correct (Agardy et al. 2003). In practice, systematic testing of assumptions and adaptive application of diverse MPA management strategies are critical for successful MPAs to meet their conservation objectives and improve resource management. The proceeding text summarizes feedback received from community stakeholders and the Race Rocks Public Advisory Board and is designed to aid impact analyses in finding non zero-sum solutions for environmental issues in the Race Rocks AOI. It must be decided if and what nature of a MPA is right for Race Rocks. Both regulatory and non-regulatory management tools are available, and their employment is dependent on projections of both baseline and managed scenarios (see Figure 4.4). The Cost-Benefit Analysis document will employ defined desired future states in terms of measurable norms.

Figure 4.4: Comparison Between the Baseline and “With Regulation” Scenarios

Community stakeholders that claim all or part of the Race Rocks AOI represent a wide range of interests and involvement, yet most are united in recognizing the broad applicability of MPAs to conserving marine ecosystems in British Columbia. With this spirit of cooperation then, it is somewhat paradoxical that conservationists are among those that hesitate in employing an MPA at Race Rocks. It became apparent from discussions conducted for this study that this hesitation stemmed from the empirically unsubstantiated of Canada’s MPA management strategy in general and lack of conservation objectives for the Race Rocks AOI in particular. Truly, prescription of overly simplistic solutions to complex marine conservation problems without a firm understanding of both ecological and socioeconomic conservation science risks polarization of stakeholders and threatens real progress made in marine conservation. At this point, knowledge gaps in our understanding of the Race Rocks conservation problem present significant difficulties for effective management and meaningful policy decisions. It is with this precaution that DFO’s integral task in MPA management of increasing understanding of the Race Rocks ecosystem becomes both a tangible and highly-desirable benefit of MPA designation.

Generally, MPAs are believed to the right choice for conserving Canadian marine ecosystems when there is minimal conflict with treaty claims and the candidate site is secure from uncontrollable threats that limit their potential effectiveness. The most significant threat that faces the Race Rocks ecosystem is a catastrophic ecological disaster caused by an oil or other hazardous material spill in or near the Juan de Fuca Strait. All respondents identified the shipping of oil and hazardous materials in the Juan de Fuca Strait as a primary conservation concern and it is hoped that with MPA designation for Race Rocks, DFO will maximize regulatory protection from this type of disaster to the fullest extent of Canadian Law. Another concern associated with commercial shipping in the Juan de Fuca Strait is the pollution and invasive species threats presented by bilge and ballast water dumping and exchange. Bilge and ballast waters can act as incubators for microbial life, and are responsible for transporting foreign species and human disease across the globe (WHO 2003). Water quality is the principal ecosystem component valued in the Race Rocks AOI, and a monitoring programme is required to meet dependent conservation objectives. The existing daily seawater-monitoring programme at Race Rocks performed by the on-site Eco-Guardian is not sufficient to detect or evaluate invasive biological threats to water quality in the AOI.

A key impact desired from MPA designation is the protected area’s contribution to economic and social welfare (UNEP 1995). Positive harvesting spillovers into adjacent areas are often cited as a way that MPAs increase environmental value and social benefits (Grafton et al. 2009). Both management and community stakeholders believe MPA designation will have a positive impact on Rockfish and other recreational fish stocks in the area. Unfortunately, with no baseline data from the Race Rocks AOI and a history of protection as an Ecological Reserve and Rockfish Conservation Area, little if any accrued positive harvesting spillover will be attributable to the costs of MPA designation for Race Rocks. Along similar lines, protection of the Northern abalone population, marine mammals, and seabirds in the Race Rocks AOI is highly valued by community stakeholders. Degradation of these populations and/or a reduction in their use of the AOI would create serious conservation, social, and economic problems, however it remains undetermined what impact invasive species such as River otters (Lutra canadensis) and non-migratory Canada geese (Branta canadensis) are having on the Race Rocks ecosystem. Filling knowledge gaps with an aim of optimizing ecological value are critical to meaningful habitat stewardship, and are time-sensitive for such matters as Northern abalone recovery efforts (Fisheries and Oceans Canada 2007).

The Race Rocks AOI has become a significant destination for coastal tourism and recreation, including wildlife viewing, SCUBA diving, sportfishing, and recreational boating, such that a manned presence (presently a staff of Eco-Guardians) has become increasingly important to monitor and protect the Race Rocks ecosystem (Murgatroyd 1999). Significant efforts have been made by Pearson College to increase capacity of distance technology in—and no-impact access to—the AOI, however these valuable educational and monitoring tools require on-site maintenance and operation. Attracting sufficient donations to supervise the ecological reserve, supply educational resources, and maintain the infrastructure and personnel on Race Rocks has been a major challenge every year for Pearson College, but particularly so in the current economic climate. The College is in the process of cutting 40 of its 200 full-scholarship students with a concomitant 20% retraction in capacity and programming, thus the future of Race Rocks’ protection is in serious doubt without additional support. As the College’s current management mandate is to observe and report infractions, the resources of the Race Rocks AOI continue to be illegally harvested and degraded for private benefit. Ecological Reserve and MPA designation is intended to protect ecosystem structure, function and integrity, however only through increased monitoring and enforcement can management succeed in creating more desirable population structures of Rockfish (Grafton & Kompas 2009), reduce the probability of extirpation of the Northern abalone (Wallace 1999), and increase the aesthetic and recreational values of the Race Rocks resource for SCUBA divers and wildlife tours (Lloret et al. 2006).

Federal and provincial guidelines currently regulate commercial and recreational boating traffic in the Race Rocks AOI, however low compliance rates are an acknowledged conservation problem affecting seabird foraging and marine mammals. Regional consultations concerning the marine mammal viewing industry found a large majority of respondents supported implementation of additional regulations, however the effectiveness of these regulations was questioned because of the inherent problems of enforcement/monitoring and businesses’ lack of control of their operators (Fisheries and Oceans Canada 2003). Wildlife viewing sector respondents indicated that any increase in compliance costs from additional MPA regulations would make their businesses interests in the Race Rocks AOI untenable, however a Cost Benefit Analysis will not support a regulatory decision if it imposes excessive burdens on Canadian business. Some respondents outside of the wildlife-viewing sector also replied that additional restrictions on boating traffic would be inappropriate, rather increased enforcement and compliance with existing PWWA and DFO guidelines were a more appropriate MPA management strategy, particularly in light of difficulties wildlife-viewing companies may have in controlling individual operators. Impacts of boating traffic on nesting seabirds in the Race Rocks AOI such as the Pigeon guillemot (Cepphus columba) have received very little research or management attention. However, research on the related Black guillemot (Cepphus grylle) in New Brunswick indicates that speed limits already in place for the Race Rocks Ecological Reserve act to reduce disturbance rates. It is currently unknown what impact foraging disturbances by boating traffic are having on seabird nesting success. As with Harbour seal (Phoca vitulina) nursery areas, flexible management tools including seasonal avoidance of sensitive areas or additional distance afforded feeding organisms can be successfully employed in the AOI.

Finally, conservationists look to DFO to be a champion for Race Rocks at the federal level. Perhaps nowhere else in Canada are the conflicting interests of two federal agencies more apparent than on the two sides of Race Passage. At Race Rocks, DFO may not only demonstrate a contrasting, estimable example of federal stewardship of British Columbia’s coastal resources but showcase the Canadian government’s ability to enact positive change as well. Canadian citizens expect to demonstrate excellence on the world stage, and it is hoped that DFO will encourage and facilitate best practises at CFAD Rocky Point to eliminate the negative impact DND activities have on the Race Rocks AOI and surrounding waters. If Race Rocks becomes part of a national system of Marine Protected Areas that seek to minimize human impacts, DND must be tasked to assist DFO in achieving this national goal.

4.3 Sustainable Development

MPA designation is not a panacea for all the conservation problems facing the Race Rocks ecosystem. No management strategy or regulation enforcement can protect the waters in the Race Rocks AOI from ocean acidification or from global climate change. Furthermore, the scarcity of society’s unallocated financial resources is such that MPA conservation objectives will be designed for cost-effective measures of conservation success. What MPA designation for Race Rocks can do is to showcase on a national and international level a holistic approach to environmental stewardship that includes green energy and energy efficiency measures, water conservation methods, waste management, ecological restoration projects, and joint-stewardship practises.

The Integrated Energy Project overseen by Pearson College is responsible for a significant reduction in energy costs and carbon emissions in the AOI. Operation of the facilities on Great Race Rock has moved from 100% dependence on diesel generators in 1997 to 100% reliance on solar energy during the first week of October in 2010. Energy efficiency measures including LED bulbs, propane stoves and water heaters, and insulated windows have also reduced energy demands of management activities. The tidal turbine pilot project has demonstrated the benefits and challenges of tidal energy, while the College looks to incorporate wind energy to further offset fuel demand and carbon release to the atmosphere. The significant operational cost savings of these alternate energy projects are particularly valuable for the continued manned-presence required at Race Rocks.

There are no sources of fresh water in the Race Rocks AOI, so seawater must be desalinated by energetically expensive reverse osmosis. Besides drinking water and water for household use, the Energy Centre’s lead-acid storage batteries require continual additions of deionized water, buildings’ windows and walls require frequent washing to clean away salt deposits and alga growth, and most of the island’s solar panels require weekly washing and pressure washing to remove guano that reduce the effectiveness of the photovoltaic cells. All aspects of island life and operation from personal hygiene to battery chemistry attempt to best conserve water. Additional infrastructure is also being purchased as funds permit to recapture grey water and harness usable water from fog.

An overarching aim of Pearson College in managing the Race Rocks Ecological Reserve has been to minimize the ecological impact of the human presence on Great Race Rock. Waste management on Great Race Rock has evolved from raw sewage entering the ocean at two locations to composting toilets and a portable septic system that sees human waste transported out of the AOI and put through a sewage treatment system. Household waste, recyclable materials, and oil wastes are sorted and transported to Pearson College for proper disposal and re-use.

Habitat stewardship initiatives are another example of sustainable development of the Race Rocks AOI. The Ecological Restoration Project began in 1997 with the removal of excess concrete paths and a tank farm on Great Race Rock. This work was designed and performed such that environmental impacts on sensitive populations were minimized. Since the College began management of the ecological reserve, the timing and patterns of animal use have observed to change. For example, Elephant seals began to use Great Race Rock as a breeding colony in 2009 and their only access to the pupping grounds is via the light station boat’s slipway. Efforts began in 2010 to minimize human interference with Elephant seal access to the island. Stewardship of Race Rocks by the College holds that adaptive management is key to sustainable development and continued use of the marine ecosystem.

?5. Reference List

Agardy, T., P. Bridgewater, M.P. Crosby, J. Day, P.K. Dayton, R. Kenchington, D. Laffoley, P. McConney, P.A. Murray, J.E. Parks, and L. Peau. 2003. “Dangerous targets? Unresolved issues and ideological clashes around marine protected area”. Aquatic Conserv: Mar. Freshw. Ecosyst. 13:353-367.

Ampleman, G., S. Thiboutot, S. Desilets, A. Gagnon, and A. Marois. 2000. “Evaluation of the soils contamination by explosives at CFB Chilliwack and CFAD Rocky Point”. Defense R&D Canada, Technical Report: DREV TR 2000-103.

BC Stats available online at: “http://bcstats.gov.bc.ca” last accessed November 7, 2010.

Brinckmann-Voss, A. 1996. “Seasonality of Hydroids (Hydrozoa, Cnidaria) from an intertidal pool and adjacent subtidal habitats at Race Rocks, off Vancouver Island, Canada”. Scientia Marina Advances in Hydrozoan Biology, 60(1):89-97

Brinckmann-Voss, A., Lickey, D.M., and Mills, C.E., 1993 . “Rhysia fletcheri (Cnidaria, Hydrozoa, Rhysiidae), a new species of Colonial Hydroid from Vancouver Island British Columbia, Canada) and the San Juan Archipelago (Washington, USA)” . Canadian Journal of Zoology, 71: 401-406

Canada, Treasury Board of Canada Secretariat, Canadian Cost-Benefit Analysis Guide: Regulatory Proposals, 2007.

Costanza, R., R. d’Arge, R. de Groot, S. Farber, M. Grasso, B. Hannon, K. Limburg, S. Naeem, R.V. O’Neill, J. Paruelo, R.G. Raskin, P. Sutton, and M. van den Belt. 1997. “The Value of the World’s Ecosystem Services and Natural Capital”. Nature, 387:253-260.

Demarchi, M.W. and M.D. Bentley 2003. “Effects of natural and human-caused disturbances of marine birds and pinnipeds at Race Rocks, British Columbia”. Available online: http://www.racerocks.com/racerock/research/LGL_report/DNDreportbyLGL.htm

Fletcher, G.L. et al. 1980. “Race Rocks Ecological Reserve: Application, Ministry Executive Committee Submission, Cabinet Submission and Correspondence – 1978-1980”.

Fisheries and Oceans Canada, August 1, 2003 “Making Changes – Amending the Marine Mammal Regulations: Pacific Region Consultation Summary for Consultations Conducted between January and March, 2003”

Fisheries and Oceans Canada. 2003b. Marine Tourism Activities in Pacific Canada Series. Kayaking, Whale Watching, Scuba Diving, Tidal Recreational Fishing, Recreational Boating. http://www.pac.dfo-mpo.gc.ca/oceans/Policy/tourism_e.htm
Fisheries and Oceans Canada. 2007. Recovery Strategy for the Northern Abalone (Haliotis kamtschatkana) in Canada. Species at Risk Act Recovery Strategy Series. Fisheries and Oceans Canada, Vancouver.

Friends of Ecological Reserves. 2006. State of British Columbia’s Ecological Reserves Report for 2005. Available online: http://www.ecoreserves.bc.ca/newsissues_files/State%20of%20Ecological%20Reserves%202005%20final.pdf

Goddard, James M. 1975. “Inter-tidal and sub-tidal flora and fauna study for the proposed national marine park in Juan de Fuca Strait”. Dobrocky SeaTech Ltd. Victoria, BC. Available Online at:
http://www.racerocks.com/racerock/rreo/rreoref2/jdfmarpk/juanmarpark.htm
Grafton, R.Q. & T. Kompas. 2009. “Cod today and none tomorrow: The Economic Value of a Marine Reserve,” Environmental Economics Research Hub Research Reports 0922, Environmental Economics Research Hub, Crawford School, Australian National University.

Grafton, R.Q., S. Akter, and T. Kompas. 2009. “Guide to the Ex-Ante Socio-Economic Evaluation of Marine Protected Areas,” Environmental Economics Research Hub Research Reports No. 27, Environmental Research Hub, Crawford School, Australian National University.

Kelleher, G., editor. 1999. Guidelines for Marine Protected Areas. World Commission on Protected Areas: Gland, Switzerland.

Jansson AM., Hammer M., Folke C., Costanza R., editors. (1994) Investing in Natural Capital: The Ecological Economics Approach to Sustainability. Island Press. Washington, DC

Lamb, A., and B.P. Hanby. 2005. “Marine Life of the Pacific Northwest”. Harbour Publishing, Madeira Park, BC.

LeRoy, S., 2002.”http://www3.telus.net/LeRoy/Sean/Research_archive_files/racerocks.pdf” Master’s Thesis. School of Community and Regional Planning, University of British Columbia: Vancouver, B.C.

Lloret, J., A. Marín, L. Marín-Guirao, and M.F. Carreño. 2006. “An alternative approach for managing scuba diving in small marine protected areas”. Aquatic Conserv: Mar. Freshw. Ecosyst. 16:579-591.

Murgatroyd, L., 1999. Managing Tourism and Recreational Activities in Canada’s Marine Protected Areas: the Pilot Project at Race Rocks, British Columbia (Master’s Thesis). Dalhousie University.
http://www.racerocks.com/racerock/rreo/tourism/louise.htm

Murphy, R.J., 2002a. Race Rocks Digital Herbarium. Available online at:http://www.racerocks.com/racerock/algae/ryanmurphy/total.htm

Murphy, R.J., 2002b. The epiphytic community of Pterygophora californica: Race Rocks MPA, British Columbia, Biology 4251: Special Topics (Prof. Dr. I. Kaczmarska). Mount Allison University.

pacificwhalewatch.org last accessed November 7, 2010 at: “http://www.pacificwhalewatch.org

racerocks.com last accessed November 7, 2010 at: http://www.racerocks.com
Race Rocks Lighthouse, Race Rocks, Vancouver Island, British Columbia. Federal Heritage Buildings Review Office Report 90-085

Race Rocks Lighthouse, Race Rocks, Vancouver Island, British Columbia. Heritage Character Statement 90-085

Ronconi, R.A. and C. Cassady St. Clair. 2002. Management options to reduce boat disturbance on foraging black guillemots (Cepphus grylle) in the Bay of Fundy. Biological Conservation 108(3):265-271.

TEEB (2010) A Quick Guide to The Economics of Ecosystems and Biodiversity for
Local and Regional Policy Makers.

United Nations Environmental Program (UNEP). 1995. Guidelines for integrated management of coastal and marine areas. UNEP Regional Seas Reports and Studies 161:1-80.

Wallace, S.S. 1999. Evaluating the Effects of Three Forms of Marine Reserve on Northern Abalone Populations in British Columbia, Canada. Conservation Biology, 13:882-887.

WHO, Emerging issues in water and infectious disease. © World Health Organization 2003. PAGE 38

Race Rocks MPA Designation: A Social, Economic and Cultural Overview | November 2010 PAGE 39
Race Rocks MPA Designation: A Social, Economic and Cultural Overview | November 2010

DFO Responses November, 2010 to RRPAB recommendations of April 24 2010

Race Rocks Public Advisory Board 2010
Recommendations for DFO April 24, 2010 – DFO Responses November, 2010

For the PDF version See: dforesponsetorrpab

Background

The Department of Fisheries and Oceans has reactivated a 1999 proposal to establish Race Rocks as a Marine Protected Area (MPA) under the Oceans Act. As a consequence, a new round of community consultations was launched in September of 2009. The RRPAB is composed of community representatives and Race Rocks stakeholders including Pearson College who presently funds and provides the Ecoguardian at Great Race, private businesses, recreational users, the education sector, research interests, the Ecological Reserve Volunteer Warden and several conservation/environmental protection groups. Various government departments and agencies at the federal and provincial levels are also included.

Community based members of the RRPAB donate their time to the process. Most are volunteers or are obliged to take time off from their regular work to participate. They receive no compensation or expense recovery.

A similar Board was established to advise DFO in the failed 1999-2002 designation process. Many members of the previous Board also sit on the current Board and have gained extensive knowledge of Race Rocks and the MPA designation process over a period of many years. The racerocks.com website is a comprehensive and authoritative repository of information regarding all aspects of Race Rocks and the entire MPA process.

BC Parks, through existing Ecological Reserve (ER) protection at Race Rocks, has been involved for over 30 years. A comprehensive management plan for the ER is in place. While the ER includes the islets and sea floor it does not include the federally controlled water column. It is assumed that DFO and the province are engaged in government to government discussions to link the existing ER and proposed MPA management protocols.

First Nations consultation is being conducted in an entirely separate process by DFO. A First Nations consultant sits on the RRAPB as a liaison. Invitations have been extended by the members of the Board for First Nations to participate directly in the RRAPB process but the consultant reports that these invitations have been declined at this time.

Meetings of the RRPAB have taken place on September 25, 2009, November 26, 2009 and March 24, 2010. The primary focus of these meetings has been on updating a values/use table from the perspective of each RRPAB member and outlining the details of the MPA process. While some comments and advice from RRPAB members have been injected into the discussions there has not yet been an opportunity for the RRPAB to provide comprehensive advice and recommendations to DFO.

On April 19, 2010 an informal meeting of the RRPAB was convened by board members to draft a set of recommendations for DFO staff to consider. The purpose was to gather information to advance the MPA process in a constructive and efficient manner. All members of the RRPAB, including DFO staff, were invited to attend. These notes are intended to outline the written submissions and discussions arising from this effort. These recommendations are in draft form only and subject to revision and further discussion.

1

Procedural Requests

There are three procedure related requests that are relevant to the ongoing process of the RRPAB. These recommendations are provided on the understanding that these requests will be accepted by DFO. For some reason none of these issues were complications in the previous round of consultations in 1999-2002 which occurred under the same legislation.

: We have been told by DFO staff that the management plan cannot be developed until after designation. Some of the recommendations are large picture management issues. It is the view of the majority of the RRPAB, and especially the current users of the area, that these issues must be discussed in advance of designation. It would be unreasonable for those currently engaged in activities at Race Rocks to agree to designation without some understanding of the impact of MPA regulations on long established businesses, recreation, research and education activities. The RRPAB will require a response to each recommendation from DFO with comment and a summary of regulatory intent in advance of designation. The Draft ER/MPA Management Plan adopted by DFO and the RRAB as a result of the pre-designation discussions in 2002 is a good example of appropriate documentation.

  • DFO has started drafting a Management Plan, and where possible, is incorporating RRPAB recommendations into the plan. This draft plan will be shared with the Board, looking for advice and input. (May 28, 2010 RRPAB Meeting Minutes).
  • The Management Plan cannot be finalized until after designation.
  • As is standard practice with regulatory development, an assessment of the costs and benefits of the proposed regulatory approach on Canadians is prepared in advance of designation and can be shared with the RRPAB.A recommendation in favour of designation will be conditional upon reaching an understanding on these recommendations.: Some confusion has emerged regarding the DFO policy objectives for an MPA. It is our view that research, education, public awareness and outreach are all important aspects of a successful MPA strategy. This is in accordance with materials the Government of Canada has published as the declared MPA strategy for the past 10 years. If the MPA Strategy has changed we request an explanation and justification.
    • The MPA Strategy being referred to is a federal-provincial draft MPA Strategy in the form of a Discussion Paper, not a DFO document, and was never finalized. The Strategy proposed objectives for a marine protected area strategy for the entire coast, some of which went beyond scope of Oceans Act MPAs, and include objectives related to the mandates of other federal and provincial agencies (i.e. Parks Canada, Environment Canada, BC Parks, etc.). The old DFO website identified the objectives in this Strategy, without clarifying that they were not just DFO objectives. It was therefore misleading because it was unclear that these were not Oceans Act MPA objectives but objectives inclusive of several agencies’/ ministries’ mandates.
    • The new website is clear: Oceans Act MPA objectives are tied to the Oceans Act mandate (in order to protect and conserve commercial and non-commercial fishery resources and their habitats; endangered marine species and their habitats; unique habitats; marine areas of high biodiversity or biological productivity; and any other marine resource or habitat necessary to fulfill the Minister’s mandate.). Nothing has changed with respect to the purpose of Oceans Act MPAs.
    • Oceans Act MPAs are a flexible conservation tool. Those activities that are compatible with the proposed conservation objectives of the MPA will be permitted. A decision regarding whether research, education, public awareness and outreach will be permitted within the proposed Race Rocks MPA will be based on an assessment of their compatibility with stated conservation objectives. The proposed regulatory approach will be determined in consultation with the RRPAB.

• Note that the draft 1998 federal/provincial strategy is currently being updated, with intent to finalize it. (May 28, 2010 RRPAB meeting minutes) : Given the fact the previous designation legislation was changed without the knowledge of the RRAB in 2002 we think it is important that once all consultations are complete, if the designation proceeds, the RRPAB has an opportunity to examine the final version of the legislation before it proceeds to the gazette stage.

  • It is our intention to share the regulatory intent document with the RRPAB; this document informs the Regulation drafting instructions prepared for Department of Justice. (Christie Chute email to K. Conley March 23, 2010)
  • Should legal or constitutional issues arise during formal regulatory drafting that result in changes to the original regulatory intent, the RRPAB will be advised of these changes verbally prior to publishing the regulations in the Canada Gazette Part 1.
  • It should be noted that finalized regulations are considered secret and cannot be shared with external parties.
  • In addition to our commitment to consult on the finalized regulatory intent, and to inform the RRPAB of any changes to the intent during regulatory drafting, there will also be a final opportunity to comment when the regulations are published in the Canada Gazette Part 1.The Next StepsWe ask that discussion of these draft recommendations be placed on the agenda as a priority item with an adequate time allocation at the next meeting of the RRPAB. As the recommendations are in draft form only it is important that all members have the opportunity to comment, revise and add to the recommendations. The objective should be to produce a comprehensive set of recommendations that are adopted by consensus.It is not expected that DFO staff will respond to the recommendations at this meeting as it is likely staff will require time to consider the implications. It would be very worthwhile for RRPAB members to provide clarification for DFO staff at this meeting if there are any questions or concerns.

    Future consideration should be given to a 1-2 day facilitated workshop to wrap up the consultation process. This major investment of volunteer Board member time should only occur once the First Nation’s consultation reaches a satisfactory conclusion.

• Given the timelines associated with preparation of regulatory intent and the need for DFO to solicit valuable Board input on several components that will form the regulatory intent , DFO is planning on having two meetings:

  •  one meeting in the fall to solicit input on the draft Management Plan, draft Ecosystem Overview and Assessment Report, draft Socio-Economic Report, and responses to these Recommendations, and
  • a final meeting in late winter 2011 to review the regulatory intent that will be used to inform drafting of the regulations.
  • Ongoing input on the various components of the Regulatory Intent will be sought via email.
  • As was shared with the Board at the May 28, 2010 RRPAB meeting, DFO does not have funds available to hold a two-day, facilitated workshop.

3

Recommendations
1. General Recommendations

1. a The present level of environmental protection at Race Rocks must not be diminished in any way as a consequence of the MPA designation.

  • To be addressed in Regulations.
  • Also covered by Race Rocks Ecological Reserve designation, Fisheries Act.
  • The 1st Order Conservation Objective is proposed to be: To protect and conserve an area of high biological productivity and biodiversity, providing habitat for fish and marine mammals, including threatened and endangered species.
  • A 2nd Order Conservation Objective is proposed to be: Impacts from human activities in the area will not compromise the conservation of biodiversity and ecosystem function of the Race Rocks Marine Protected Area.
  • At the next RRPAB meeting, DFO will be seeking input into the Conservation Objectives.1. b All business, recreation, education and research activities presently occurring at Race Rocks must be allowed to continue within the MPA boundaries and such activities must be allowed to adapt with emerging methods and technologies. Any proposed restrictions on these existing activities in the future may only be implemented once evidence of need is provided and consultation with stakeholders takes place.
    • To be addressed in Regulations and Management Plan.
    • Activities to be allowed in the MPA boundaries must be compatible with the ConservationObjectives (compatible/incompatible activities).
    • Board input/advice to Conservation Objectives will be sought.1. c The MPA management plan must be patterned on and integrated with the existing Ecological Reserve management plan to maximise efficiency, streamline management procedures, avoid overlapping regulations and minimise bureaucracy.
  • The jurisdictions of the Race Rocks proposed MPA and the Race Rocks Ecological Reserve are not the same, and requirements for a management plan for an Ecological Reserve are different than the requirements for a management plan for Oceans Act MPA’s; therefore it is not feasible to amend the existing ER Management Plan as an MPA Management Plan.
  • DFO recognizes that the Ecological Reserve Management Plan was developed in close consultation with the former Race Rocks Advisory Board, and wherever possible, will try and use aspects of the ER Management Plan, if they apply to the proposed MPA.
  • DFO will endeavor to create conservation objectives for the Race Rocks MPA that complement those developed for the Ecological Reserve; the MPA draft Management Plan will be developed to support these Conservation Objectives. Board input will be sought in the development of the draft Management Plan.1. d The key roles of BC Parks and Pearson College and the existence of the Ecological Reserve must be recognised in the future operation of Race Rocks MPA. In addition, there should be an ongoing role for community advisors from the stakeholder groups in the development and evolution of the ER/MPA management plan through a permanent Operations Advisory Board.

• DFO recognizes the significant role that partners (including BC Parks and Pearson College) play in the designation of the Race Rocks MPA, as well as providing advice for the management of the MPA.

  • Board input to the draft Management Plan will be sought.
  • Following designation of the MPA, the pre-designation Advisory Board will be dissolved and an MPA Advisory Board (comprised of key partners and stakeholders with interests in the management of the MPA) will be formed.1. e The continued human presence of an Eco-Guardian in residence on Great Race Rock is an essential requirement for continued protection of the MPA. DFO should also commit to additional enforcement resources through DFO officers and RCMP.

• •

As funding is allocated by appropriation every fiscal year, we cannot commit to this. Requirements for additional and/or necessary monitoring and enforcement are identified during the regulatory process
“Surveillance, Enforcement and Compliance” is also a section of the Management Plan; Board input will be sought in development of the draft Management Plan.

1. f DFO should share in the on-site costs of maintaining the Eco-Guardian at Race Rocks as a key element of the enforcement plan. It is important that this funding be applied to enhance the programs on the ‘ground’ within the MPA.

  • As funding is allocated by appropriation every fiscal year, we cannot commit to this.
  • “Surveillance, Enforcement and Compliance” is a section of the Management Plan; Board input will be sought in development of the draft Management Plan.
  • A challenge common to all MP A ’ s is monitoring; the role played by the Eco-Guardian provides a great opportunity for partnering to help achieve monitoring goals.1. g Given the high priority placed on the precautionary principle in the Oceans Act a permanent moratorium should be put in place on all harvesting of any resources within the MPA. First Nation’s treaty rights to harvest should be respected provided adequate levels of research first show clear evidence such harvesting is ecologically sustainable and will have negligible impact on the MPA baseline inventory. If First Nations conduct any harvest all take should be reported.
    • To be discussed in the context of regulatory intent development and addressed in Regulations.
    • Activities to be allowed in the MPA boundaries must be compatible with the Conservation Objectives (compatible/incompatible activities).
    • Board input/advice to Conservation Objectives will be sought.
    • All MPAs permit First Nations Food, Social and Ceremonial fisheries, consistent with the provisions of the Constitution Act.
    • DFO is working towards agreement with local First Nations to assist DFO in the effective management of the MPA1. h It should be recognised that the sports fishing community as represented by the Sports Fishing Advisory Board voluntarily gave up the opportunity to fish in the MPA as part of their commitment to preservation of ecosystems and regeneration of stocks through the concept of refuges as valued sources of high productivity.
  • The draft Management Plan for the Race Rocks MPA will include a section on the “Management Framework”. This management measure can be outlined within the Management Plan.
  • Board input/advice to the draft Management Plan will be sought.
  • DFO recognizes and is appreciative of the commitment to conservation shown by user groups within the proposed MPA.

1. i The MPA should remain open to public users with reasonable limitations on appropriate use defined in the management plan in consultation with the Operations Advisory Board.

  • To be discussed in the context of regulatory intent development and addressed in Regulations.
  • Activities to be allowed in the MPA boundaries must be compatible with the Conservation Objectives (compatible/incompatible activities).
  • Board input/advice to Conservation Objectives will be sought.1. j If possible, personal watercraft and hovercraft should be banned from the MPA. If this is not possible they should be subject to strict speed and proximity limits.
  • To be discussed in the context of regulatory intent development and addressed in Regulations.
  • Activities to be allowed in the MPA boundaries must be compatible with the ConservationObjectives (compatible/incompatible activities).
  • Board input/advice to Conservation Objectives will be sought.1. k Given the financial constraints facing government, the RRPAB should be consulted before future contracts are awarded to consultants. Some of the past work DFO has contracted related to Race Rocks is inadequate and considerable data and expertise based on local knowledge is available from members of the RRPAB.
    • Most of the contractual work required for satisfying the Regulatory Intent requirements for Race Rocks is complete, with the exception of the Socio-economic Report. Pearson College has been awarded a small contract to update the socioeconomic report, which will require significant input from RRPAB members.
    • DFO is appreciative of the Board’s willingness to provide knowledge and expertise to this report.2. Science and Education Recommendations2. a DFO should support ongoing research within the MPA to advance the understanding of the ecosystem. This should include such basic practices as monitoring baseline inventories, permanent plots or observation sites and a commitment to long term studies.
  • Following development of the Conservation Objectives for the MPA, a scientific monitoring program for the MPA will be developed in conjunction with DFO Science.
  • The program will be comprised of the following:

RRPAB resource documents

https://racerocks.ca/racerock/rrab2/mparesources1.htm
This file is designed for the use of the Race Rocks Advisory Board in order to make available in one index, the resources that are most relevant to the Marine Protected Area Designation Process.

Last update Origin EXISTING VERSION
2010 DFO DFO Response to RRPAB member questions
2010 Ryan Murphy Draft Socio-Economic Overview: Nov 2010
2010 DFO RRPAB DRAFT Ecological Overview: Nov 2010
2010 RRPAB Values Input Table Update.Values Input Table of Lester Pearson College (version with embedded links for examples)
2010 rr.com The Race Rocks Marine Protected Area Advisory Board: Index of Events and Documents.
2002 RRAB Draft Management Plan for MPA
2002 PC Parks
2009 DFO Socioeconomic Base Case Update for Race Rocks Proposed Marine Protected Area
1999 G.Fletcher.
rr.com
Gaps in research .. RREO workshop 1999
2001 DFO Race Rocks Pilot Marine Protected Area, An Ecological Overview, Wright and Pringle, IOS 2001 25mb PDF file Changes needed- R. Murphy
2009 G.Fletcher.
rr.com
Marine Protected Area General References
2002 Sean Leroy LeRoy, S., 2002. Public Process and the Creation of a Marine Protected Area at Race Rocks, British Columbia.
Master’s Thesis. School of Community and Regional Planning, University of British Columbia, Vancouver, B.C.
2009 G.Fletcher.
rr.com
First Nations and , the Race Rocks Area includes a link to RRAB involvement .
2009 G.Fletcher.
rr.com
Management Issues: INDEX of the environmental disturbances by humans at Race Rocks.
2009 G.Fletcher.
rr.com
Ecosystem Index page linking existing inventories, taxonomy and data collection
2009 G.Fletcher.
rr.com
Education resources index page
2009 G.Fletcher.
rr.com
MPA benefits
2009 G.Fletcher.
rr.com
MPA boundary history
2009 G.Fletcher.
rr.com
Guest research being done at Race Rocks, 1999-2010
2010 G.Fletcher.
rr.com
New updates to the racerocks.com and racerocks.ca site.
2010 G.Fletcher.
rr.com
DFO finances on RRAB Process 1999-2010-index
Condensed version with graphs and summary only.
reinstalled sept 2, 2011
2010 DFO The Oceans Act, 1996 current to March 25, 2010
2010 DFO
Boundary MAPProposed boundary areas
2010 DFO
Boundary MAPProposed boundary areas detail
2010 rrpa meeting Draft of recommendations from the Meeting called by RRPAB members.
2010 G.Fletcher.
rr.com
Reflections on the Role of Education and Outreach
in the MPA Designation Process, 1998-2010.
2010 Shaw Ocean Discovery centre The Case for RR MPA in 2010
The Case for Race Rocks Marine Protected Area in 2010

Update: Pacific Region Area of Interest Race Rocks

The following is a PDF of a powerpoint presentation done by DFO staff at the Groundfish Forum at the Nanaimo Convention Centre Sept 28, 2010
Background Information:
·The Race Rocks Pilot Marine Protected Area proposal was approved by the Minister of Fisheries and Oceans in 1998 as one of four Pilot MPA’s on Canada’s Pacific coast.
·See the 13 page pdf at: DFO Presentation 2010-09-29
·The proposal is to formally designate under the Oceans Act the waters surrounding Race Rocks.

Objective is to provide long-term comprehensive protection of the diverse species and to maintain biological productivity of the ecosystem

·The Race Rocks Pilot Marine Protected Area proposal was submitted in 2000 into the regulatory process but was challenged at the Gazette 1  phase for lack of consultation with local First Nations.
·
·This challenge prevented the regulation from going forward and consultations were restarted with First Nations shortly after that in 2003.

Broader public consultations restarted recently in Sept. 2009

·See the 13 page pdf at: DFO Presentation 2010-09-29

Case Study: Race Rocks

This document is a working paper /discussion paper and should be cited as such. “Burrows, D., Murray, G. and McGreer, E. (2010) Aquaculture and the Ecosystem -based Approach (EBA): Concepts, Case Studies and Lessons Learned. Institute for Coastal Research Working Paper #2, Institute for Coastal Research, Vancouver island University.
This excerpt is on Race Rocks as a Case Study:
casestudy1
casestudy2
  casestudy3

RRAB Agenda and Minutes of Meeting #4 May 28 2010

MEETING NOTES
Race Rocks Public Advisory Board Meeting #4
10:00 – 15:00, 28 May 2010
Pearson College, Victoria, British Columbia

 Preliminary Agenda: 2010-05-28

PDF version  of this document: 2010-05-28

Meeting Goal:
To receive feedback and input for the Race Rocks Public Advisory Board (the Board) in order to move the designation process forward.

Objectives:

  1. To review the status of Board operations.
  2. To finalize a number of designation inputs / instruments.
  3. To provide an opportunity for DFO senior management to be involved in discussions.

Attendees:

Doug Biffard, BC Ministry of Environment
Chris Blondeau, Pearson College
Kevin Conley, Fisheries & Oceans Canada
James Dale, Wildlife Viewing Community
Mike Fenger, Friends of Ecological Reserves
Garry Fletcher, Race Rocks Ecological Warden
Darcy Gray, University of Victoria
Hilary Ibey, Fisheries & Oceans Canada
Sabine Jessen, Canadian Parks and Wilderness Society, BC
Gabrielle Kosmider, Fisheries & Oceans
Dan Kukat, Wildlife Viewing Community
Kate Ladell, Fisheries & Oceans Canada
Angus Matthews, Shaw Ocean Discovery Centre
Ryan Murphy, Pearson College
Rebecca Reid, Fisheries & Oceans Canada
Aaron Reith, First Nations Liaison
Danielle Smith, Department of Natural Defence
Richard Taggart, Sports Fish Advisory Board and Boating Public
Tomas Tomascik, Parks Canada Agency Canada
Facilitator: Richard Delaney – Delaney and Associates Inc. Items for Discussion

1. Welcome

  • –  Thanks for coming
  • –  Recognize the T’Sou-ke Nation, Songhees Nation, and Beecher Bay First Nation
  • –  Recognize important input of advisors
  • –  Appreciative of your presence today and goal today is to focus on designation of Oceans Act MPA
  • –  There is more work to be done – important to be clear on what task is that we’ve set for ourselves – what the role of DFO is versus the role of Advisory Board, role of other governments, role of First Nations
  • –  Thanks to Pearson College for hosting

2. Introductions

Round table – refer to list of attendees

3. Meeting #4 Agenda

a. Review
– Note that following last meeting, facilitator Richard Delaney interviewed 8 or 9 board members, conducted evaluation and tabled recommendations for board operation to try and streamline/economize on peoples’ time

b. Discuss / amend / approve
Adopted with the following additions:
o First Nations update
o Terms of Reference discussion (including changes)
o DFO Race Rocks budget overview for this group

4. Meeting #3 Minutes – discuss comments / amend / approve

  • –  Note that comments pertaining to the DFO response to the addition to the November 2009 meeting minutes were reflected in the March 2010 minutes – this was agreed upon by the Board so that the response would not be reflected as a rebuttal in minutes.
  • –  Recommendation to have the summary that Dan Kukat provided at the March 2010 meeting of Action Items for Board Members and DFO (an itemized list) added to the March 2010 minutes.Review of Action Items:
    reviewofactionitems2

reviiewodactionitems1

During review of this action item, the following discussion occurred:

  •   A Board participant expressed concern with the status of DFO’s Oceans website and identified the value of Racerocks.com in providing a complete record for the Race Rocks MPA
  •   Identified need for public transparency and a means to notify each other when documents are created that might
  • affect the designation process.

o Gabrielle Kosmider was identified as a contact for any new/updated documents.

  •   Identified importance of minimizing confusion around status of documents.
  •   Board agreement: Drafts must be marked as “draft”, if posted on Racerocks.com.

5. First Nations Update

  • –  DFO and First Nations Memorandum of Understanding has been signed by Chiefs of T’Sou-ke Nation, Beecher Bay First Nation and Songhees Nation and the Regional Director General of DFO, Pacific Region.
  • –  Chiefs understand there are concerns from Board regarding the level of commitment of First Nations to process – therefore the MOU will be released to DFO today.
  • –  DFO is pursuing a meeting with Esquimalt to hear any interests they have with respect to engaging on the Race Rocks MPA process.

5. Meeting #3 Evaluation Review / Status Assessment

  • –  Evaluation looked at ToR and objectives of Meeting #3 – considered process and whether people were able to participate.
  • –  A board participant clarified that response to survey came from 6 board members and 1 DFO employee – a slim sample that may not be a true reflection of group.
  • –  In addition to the evaluation results, facilitator presented 10 process recommendations to help the Board move forward on their mandate. Facilitator will be refining his recommendations as part of the meeting follow up. Facilitator contact for comments (By July 2, 2010):o Richard Delaney – Delaney and Associates Inc. Ottawa: 613-837- 5890/Vancouver: 778-371-4073. Delaney@rmdelaney.com

– Facilitator recommended including mechanism for minute structure to concisely reflect Board recommendations, and recommendations on meeting structure, and a meeting cycle.

Action Item – 10-05-01: Board members to review recommendations from Richard Delaney’s summary report and provide feedback – he will then provide all this feedback to DFO.

6. Race Rocks Draft Recommendations

  • –  Facilitator undertook a quick exercise to quantify level of consensus over Board recommendations. Based on a “show of fingers”, there was a reasonably good level of understanding and agreement.
  • –  One participant expressed concerns with the exercise and underscored that all people who attended the recommendations meeting were in agreement.
  •   Angus Matthews provided overview/background of Draft RRPAB Recommendations document.
    • –  Some frustration identified by participants of the RRPAB that there is too much process and not enough discussion of issues.
    • –  Would have liked DFO presence and technical support at April meeting.
    • –  Interest by Board members to provide something for DFO to respond to, and document provided Board’s perspective, on their requirements for Race Rocks to become an MPA.
    • –  Appreciate acknowledgement that this is living document.
    • –  Acknowledge that Chris Bos ran meeting and Judy Scott volunteered her time to record the information.
  •   Facilitator response re: process:
    • –  Some language in document not consistent with Board value of consensus-building, but exercise gives benchmark to move forward.
    • –  Acknowledgement from Board participants that the language of the report could be reworded to better reflect the collaborative nature of the Board.
  •   Province noted that recommendations have been discussed with management. Some subtleties need to be fixed but overall this is a good piece of work.
  •   Other Board participants agreed that this is a good piece of work although some areas need more work.
  •   Concern from CPAWS – could not attend the meeting and recommendations make it seem as though it’s conditional that all these things are in place before Board will agree to go ahead with MPA. CPAWS is not in total agreement with this document, has questions around what these recommendations mean, and hasn’t yet taken this to others in ENGO community.
  •   Parks Canada did not participate in meeting;
    document good starting point. Race Rocks should be seen as part of regional network of MPAs. Agrees that language of “must and shall” needs to be changed.

    •   Discussion around “must and shall” language – some members of the Board viewed the April 14,2010 meeting as drawing a line in the sand due to discontent with progress thus far. Want to seetangible progress if to continue volunteering time.
    •   Matthews noted:
      • –  The three procedural recommendations at beginning of the document are most important.
      • –  Some agenda items coming up may provide clarity around how we address some recommendations. Board needs to understand what scope of designation and management is.
    •   University of Victoria – take some issue with wording of some of the recommendations.
  •   DFO not to provide full response to recommendations at this meeting and some recommendations will take longer than others to respond to..DFO identified questions for clarification from Board to ensure does not work off wrong assumptions.
  •   DFO general comments/clarification points on recommendations:
    • –  Hear overwhelming interest in moving forward and desire to understand end result; Appreciate effort that has gone into document.
    • –  Have done a preliminary analysis – recommendations speak to Board’s interest to clarity re: outcomes.
    • –  DFO’s work plan consistent with this vision which involves getting regulations prepared. Certain pieces of information needed from Board to develop the regulatory intent package. Note the wiring diagram which clarifies those needs.
    • –  Re: Management Plan drafting – DFO needs to do regulatory piece but can also start drafting management plan. In reviewing recommendations, identified Management Plan recommendations and will put them into an initial draft, pull out others that fit with regulations.
    • –  Note the Value-Added/ Business Case document – p. 5 Table of Contents for Management Plan. Hope that this provides some comfort and clarity to those that want to see big picture before designation.
    • –  What is it that Oceans Act MPA designation actually does? Mandate: conservation and protection of key features including fisheries, endangered species, habitats.
    • –  DFO can’t accomplish a number of these recommendations on our own, and as a Board may not be able to accomplish everything. Will be clear about what we can and cannot do.
  •   Feedback from Board participants:
    • –  DND: The MPA Management Plan will lay out operational aspects of the MPA.
    • –  DFO: The Oceans Act doesn’t impact on the jurisdiction/mandate of any other agency. Will need to work collaboratively and agree on objectives that are consistent with the Board’s views.
    • –  Board participant: How will the existing ecological reserve Management Plan be modified?o DFO Response: Management plan for a provincial Ecological Reserve is different from a Management Plan for an Oceans Act MPA. Will not be an amendment to the existing plan, although MPA Conservation Objectives should complement those for the ER.
    • –  Province: The management plan for ER is a statement of provincial interest/intent of management of that area, which goes beyond legislative requirements of the Ecological Reserves Act.
  •   Three procedural requests from the Board:

1. Recommendation in favour of designation is conditional on reaching understanding on these recommendations. Want to get all issues on table now so Board will be comfortable with management intent, prior to designation.
 DFO: DFO will start draft Management Plan and will begin to populate so Board can start to provide input.

2. Education and outreach – ecotourism has a role, and it’s an important concern that Board shares that the MPA mandate include these human values. May not be in conservation mandate but should be in MPA mandate.
 Discussion of DFO website and MPA Strategy:

– DFO clarification: DFO website referred to last updated in 2006 –MPA Strategy identified on site was a federal-provincial draft MPA Strategy in the form of a Discussion Paper, not a DFO document, and was never finalized. The Strategy proposed objectives for a MPA strategy for entire coast, some of which went beyond scope of Oceans Act MPAs and include objectives related to the mandates of other federal and provincial agencies (i.e. Parks Canada, Environment Canada, BC Parks, etc.). Old DFO website identified the objectives in this Strategy without clarifying that they were joint objectives – therefore misleading because it was unclear that these were not Oceans Act MPA objectives but objectives inclusive of several agencies’/ ministries’ mandates.

  • –  New website is clear: Oceans Act MPA objectives are tied to conservation and protection of key features including fisheries, endangered species, and habitat. Purpose of Oceans Act MPAs has not changed. DFO cannot establish Oceans Act MPAs with education/outreach conservation objectives identified in regulations, however, education/outreach are key components to managing and implementing the MPA, and should be identified/expanded upon in the Management Plan.
  • –  Draft 1998 federal/provincial strategy is currently being updated, with intent to finalize it.
  • –  Parks Canada proposed briefing for RRPAB on updated MPA Network Strategy by someone from MPAIT.
    Action Item – 10-05-02: DFO to request MPAIT provide the RRPAB with a briefing on the updated Marine Protected Areas Strategy.
  •   Angus Matthews comments:
    • –  Education and outreach is not identified in Oceans Act as a core regulatory need. DFO says it’s covered somewhere else and we support that.
    • –  When started work on Race Rocks, David Anderson said that education and outreach was part of MPA and a whole part of our buy-in was around that.
    • –  Have a desire to see education and outreach formalized.
    • –  Question whether an NMCA, not an MPA is the better tool.
  •   DFO – Education and outreach are valuable management tools for Oceans Act MPAs, they just can’t be written as conservation objectives within regulations. Refer to Gully Management Plan.
  •   Parks Canada: Race Rocks has never been and will not be considered as a National Marine Conservation Area. Education and outreach will be addressed in management.
  •   Marine Wildlife Viewing – Given the proximity to an urban area, education and outreach meets the bigger picture conservation objectives. Should use MPA as an educational tool internationally to increase awareness for Race Rocks. DFO’s response is extremely helpful, and lays out a timeline that includes starting work on draft Management Plan. Our ability to understand projected outcomes of the MPA is important. Would also like to see a draft MPA Network Strategy.
  •   DFO – the regional strategy is going up for approval internally and will then go out for external consultation. In the absence of approval, DFO will relay MPAIT briefing request.

3. Seeing final version of the regulations, before they go to Gazette.

  •   DFO – government is bound by certain constraints – there are restrictions on seeing advice to Ministers, or documents going to Parliament. Board cannot see regulations before published in Canada Gazette I, but can see all the pieces of the Regulatory Intent beforehand.
  •   Next steps for Recommendations:

– Angus to provide response in writing by Monday, he will discuss with DFO Tuesday, 10 days for other board members to provide further clarification (to Kate and Gabrielle)

  • –  DFO will respond to the document over the summer.
  • –  Recommendations will be used as a basis for developing products in the future.

7. MPA Vision/Objectives/Compatible/ Incompatible Activities

  •   DFO provided background/context for discussion :
    • –  Last meeting DFO presented draft vision and 1st order conservation objective (CO) based on values input table. Looked at recommendations document and have provided examples for 2nd order conservation objectives “unpacked” from 1st order CO. Circulated to Board; no comments received.
    • –  COs used to inform Ecological Overview which supports regulatory intent for MPA
  •   Question to Board: Feedback on the draft Vision and 1st order CO?
  •   Board discussed and provided feedback which will be summarized in the next CO document circulated to Board.Action Item – 10-05-03: DFO to revise draft Vision to reflect Board input.
  •   DFO provided overview of feedback needed from Board re: Compatible/ Non-compatible Activities Table and how it fits into process:
    • –  Table will be used to derive list of compatible and incompatible activities for MPA and develop 2nd order COs. Input will inform section of Ecosystem Overview, prohibitions or exceptions, and regulation development.
    • –  Legacy documents from past process and recommendations used to populate Table.
    • –  Desire for Board to review table and verify content.
  •   Board discussed and provided feedback which will be summarized in the next compatible/incompatible uses document circulated to Board.Action Item – 10-05-04 : Board to review Incompatible/Compatible Activities document over the next two weeks and provide input to DFO.
  •   Note a concern with rushing the process ahead – how does this connect to Management Plan?
  •   DFO response: Conservation Objectives and Compatible/Incompatible Activities feed into different components of the MPA process (i.e. Science will use this to develop monitoring protocols and monitoring plans (including knowledge gaps), regulations will be based on compatible and incompatible activities, and the 2nd order conservation objectives will be further refined into actual management objectives). Once feedback received, we can get to addressing the Board’s interests (drafting the management plan, addressing knowledge gaps, etc.) as soon as possible.
  •   Note from Aaron Reith – Synergy exists here with First Nations’ conservation objectives.

8. Expenditures to date (including budget)

 G. Fletcher provided background and rationale for report:

  • –  Concern with duplication of efforts between past and current processes and questions regarding costs to taxpayers.
  • –  Concerned with long term process of creating a protected area. Some created efficiently, some delayed.
  • –  All resources should be available to members of the Board – ongoing expenditures since 2000.
  • –  Haven’t made document public, although it exists on the website.

– There has been an ongoing budget since 1999 – was not aware of any work going on since 2001.

– Concern with amount of time to achieve MOU, how DFO tracked, reports, and budgets funds available: suggestion that Pearson College’s ongoing expenditures should have been supported during this time period.

  •   Reith clarified that costs identified in his name are not necessarily profits to him, but expenses to keep First Nations work going. His work should be classified as First Nations facilitation – must feed, provide honoraria, rent buildings, pay for firekeepers, etc. Money spent on First Nations work is good value for dollar.
  •   DND questioned purpose of presentation, seemed inflammatory in nature, emphasized that interactions between Board members need to be done respectfully, and with open communications, in order to build trust.
  •   DFO Response to presentation:
    • –  Appreciate comments. ATIP requests can lead to incomplete understanding of a complicated issue or question: existing information is provided, but may not be organized to answer specific questions. Often get an incomplete picture of the story.
    • –  Government has procedures and due process around how money is spent; Overseen by Annual Report to Parliament (reports available on website).
    • –  Since 1992, DFO in Pacific Region spends $25M (+)/year towards advancing relations with First Nations via Aboriginal Fisheries Strategy. New program funding added subsequently to fund capacity building,.
    • –  Money DFO spends on working with First Nations is worthwhile. When attributed to Race Rocks because we are talking about cooperative management in a meaningful way. The funds spent will advance objectives of Race Rocks and Government of Canada in the future.
    • –  This year: Race Rocks has a budget of $35K – Broken down into $20K for First Nations interests, $5K for meeting facilitation, $5K for a socioeconomic report to be prepared by Pearson College, and $5K towards two more RRPAB meetings. There are also some unbudgeted pieces like translation.
    • –  Overall, the Government of Canada looking to reduce deficit – need to work with what we have and make best use of our money to move the MPA forward.
  •   Note from the Board: Have already been through process once – what reports do you need? Is there a role for Board participants to review and report in terms of value for money?
  •   DFO: Reports required are presented in the table provided earlier in day (from Wiring Diagram).
  •   Note from A. Matthews re: earlier concern expressed about reasons for doing report:
    • –  What DFO is doing for Race Rocks is serving as a model for other MPAs. We want to assess $ value per hectare protected, and couldn’t assess that without Garry’s report.
    • –  Concern for many of the people on Board to figure out where this underlying mistrust came from between DFO and RRPAB.
    • –  Going forward: we need to have financial transparency.
  •   S. Jessen – When a group of people working in a public process want financial accountability –that’s not negative and helps to advocate for new resources for this type of work. If we don’t know what it costs, we can’t be effective.
  •   Facilitator closed off discussion on this item to keep the agenda on time

Terms of Reference Discussion

 There was discussion about how participants are identified in ToR in terms of categories vs. organization names.

 

– Decision: ToR to be amended to include names of organizations who participate on the Board(under the interest or sector they represent).
 Suggestion from Board participant to change wording in ToR re: Provincial interest.
-BC Parks response: Fine with wording in ToR as-is.
 There was a question from the Board re: Board role at end of year.- DFO response: Goal to get regulatory intent in by March 31, 2011. Can’t finalize Management Plan until MPA designated. Once regulatory intent is in, the Board is disbanded. Once the MPA is designated, a post-designation advisory board formed to finalize Management Plan. Understand that post-designation MPAs cost money and it is our intention to have budget for that, barring unforeseen circumstances.

  •   Decision: ToR will be amended to add reference to considering interests of First Nations – suggested language agreed upon. In the Roles and Responsibilities Section the following amendment will be made: “DFO will endeavour to engage other departments, First Nations, and levels of government as appropriate…”
  •   Amended Terms of Reference Adopted

9. Business Case/Value Added/Wiring Diagram Review / Discussion

  •   Questions on wiring diagram to go through Gabrielle.
  •   May be useful to walk through in future meeting what a regulation for an MPA looks like so that group is clear on pieces that go into regulation.
  •   Action Item – 10-05-05: DFO to include “What an MPA Regulation looks like” as an agenda item for the next meeting.

10. Next Meeting / Adjournment

  •   Vision and conservation objectives will be the focus of next meeting.
  •   Will address the Recommendations Document, draft EOAR (includes compatible and incompatible activities) and a skeleton draft Management Plan.
  •   Next meeting will be held in the fall.
  •   Anticipate two more meetings before the regulatory intent is finalized
  •   Facilitator’s evaluation of meeting:
    • –  What went well: Facilitation; beneficial to have Rebecca Reid and Kate Ladell here; objective of having management plan started; Gabrielle engaged in discussion instead of having to double task.
    • –  What could be improved: show document on screen when we are discussing. More time needed to receive advice.
  •   DFO Closing: Good progress made today. Board participation is important to the Department. Thanks to Pearson College for lunch and hosting, thanks Aaron for excellent news.
  •   Meeting adjourned.

actionitems

Race Rocks Public Advisory Board 2010 Recommendations for DFO

April 24, 2010 (Draft 1)

The Department of Fisheries and Oceans has reactivated a 1999 proposal to establish Race Rocks as a Marine Protected Area (MPA) under the Oceans Act. As a consequence, a new round of community consultations was launched in September of 2009. The RRPAB is composed of community representatives and Race Rocks stakeholders including Pearson College who presently funds and provides the Ecoguardian at Great Race, private businesses, recreational users, the education sector, research interests, the Ecological Reserve Volunteer Warden and several conservation/environmental protection groups. Various government departments and agencies at the federal and provincial levels are also included. Continue reading

Essential Requirements for the Race Rocks MPA

Essential Requirements for the Race Rocks MPA from the Point of View of the Race Rocks Ecological Reserve Warden ( and educational director of racerocks.com) Garry Fletcher.

A prerequisite for Designation of an MPA at Race Rocks must be consideration of the following:
Given that the Precautionary Principle is indicated in the Oceans Act as fundamental to Ecological Sustainability of Marine Protected Areas:

  1. The emphasis in the Oceans Act on the protection of marine ecosystems including the habitats of the marine organisms must form the core value of the MPA. What is currently achieved by the Ecological Reserve status for Race Rocks must not be diminished, and a unified jurisdiction must be applied to the MPA as well as unified permitting procedures for areas of Jurisdictional overlap.
  2. Resources must be designated to address some of the gaps in scientific ecological knowledge in the MPA.
  3. Resources must be designated to continue to allow Lester Pearson College (LBPC) to staff the island and manage the facilities for BC Parks.
  4. Any further funding of the MPA Process should be applied directly to “on the ground ” operation and research activities of the MPA which bring direct benefit to ecosystem conservation.
  5. Current work in outreach and education must be continued and allowed to adapt with the times, technology and resources available.
  6. The efforts to maintain and develop further an integrated energy system for Great Race Island must be continued, in order to reduce operating costs.
  7. The experience of the management process LBPC have carried out since destaffing by the Coastguard in 1997 must be taken into account in the development of a management plan for the MPA.
  8. The BC Parks Management Plan for the Ecological reserve must serve as a model for the development of any further management plan.
  9. The permitting system for research and education must be refined enabling faster turn around time, and the Island management must be consulted in the process.
  10. Given the nature of the historical site on the island, special consideration must be given to conserve those features along with other aspects of cultural heritage and these should be recognized as part of the protected area.
  11. Access to all smaller islands for research must remain off limits without a permit..
  12. Oil and Chemical spill containment plans must be devised for the MPA and resources put in place to handle those eventualities.
  13. Control for Aircraft overflights must be agreed to and enforced. 1500 meters, the US standard, would be advisable in the absence of data indicating otherwise.
  14. Access for recreational boaters, including kayakers to the reserve must be regulated and carefully monitored and enforcement by DFO followed up when reports are submitted by the island ecoguardian. Vessel speeds and adequate distances from wildlife on land and water must be enforced.
  15. Personal watercraft must be banned from the MPA in the same way that ATVs are banned from local Parks.
  16. A prohibition on anchoring except in the event of emergencies or facility maintenance must be imposed.
  17. A reasonable ( several kilometre) buffer distance must be established so that commercial fishing, dumping and development does not infringe on the MPA.
  18. The requirements of the DFO Draft Marine Mammal regulations should be confirmed immediately, if not for all of Canada, then for this reserve specifically.
  19. Cooperation from DND on the use of adjacent facilities and areas must be carefully regulated so as to avoid compromising the ecological values of the MPA.
  20. Given that the precautionary principle is so highly recognized in the Ocean’s Act, a moratorium should be placed on any harvesting of resources by any groups or individuals within the reserve until such time that adequate scientific research on the level of ecological sustainability has deemed it to be acceptable.
  21. The boundaries of the MPA may be modified subject to science-based determinations and consultation with the user groups.
  22. Race Rocks must be considered as only one part of a network of MPAs in Coastal British Columbia. The current Marine-based Ecological Reserves in BC should serve as a core of areas to be considered for MPA designation..

Pacific Whale Watch Association (PWWA) Specific stakeholder recommendations: Ecotourism & Education

(RRPAB- PWWA Input

Monday April 19,2010
780 Blanshard Street
(2nd floor Boardrom)

A) Pacific Whale Watch Association (PWWA) Specific stakeholder recommendations: Ecotourism & Education

We have included “Education” as part of our mandate because our 32 member companies consider Public Education to be the foundation of support for conservation and stewardship: People will save what they love, and our tours offer them the best opportunity to get to see, know and fall in love with this ecosystem.

In the initial round of meetings from 1998 through 2001, the responsible wildlife viewing community (made up mostly of members of the then Whale Watch Operators Association North West (WWOANW)) was able to convince most other stakeholders that we could operate within the boundary of Race Rocks Ecological Reserve with negligible impact, with special attention to avoiding disturbance of the marine mammals and birds there.

WWOANW worked closely with the Eco Warden, Pearson College and DFO to develop viewing and vessel operation guidelines specific to Race Rocks Ecological Reserve. This adaptation was in addition to and not in place of our other detailed Best Practices Viewing Guidelines for various species. The unique topography and bathymetry of Race Rocks necessitated these changes.

For example, while it has long been our aim to stay 100m away from Marine Mammals, especially pinnipeds that are hauled out, the main channel through which we can navigate at Race Rocks is less than 200m wide. As there are often sea lions on rocks or islets on either side of the main channel, it is only possible to be 75m away from both shores. The agreed upon protocol included (i) Staying in the centre of the channel; (ii) Travelling with the current as a way of minimizing both sound and wave action; (iii) Travelling at a speed that minimized wash; and (iv) Keeping passengers still as movement can disturb both birds and pinnipeds.

“Race Rocks

  1. Vessels will slow their approach to Race Rocks such that speed at 1/8th mile (220 yards) from any rock or landmass is reduced to minimal wake and wash, when practical. This Go Slow Zone extends 800 yds/m around every rock and landmass in the Race Rocks area.
  2. Vessels in the Go Slow Zone will remain as close to mid-channel as is practicable between the major rock outcroppings known as North Race Rock, West Race Rock and Helicopter Rock.( ed note: this is Middle Islands)
  3. While in the Go Slow Zone vessels will transit the area with the current whenever conditions are suitable to do so.
  4. Vessels will remain outside all of the Go Slow Zone whenever Resident, Transient or Off Shore Killer Whales are present.”

We recommend that access to Race Rocks by wildlife viewing companies operating in a responsible manner be maintained. We seek Federal, Provincial, Regional and Local Governments support and assistance to promote and increase public awareness of the ecological significance of Race Rocks.

Federal, Provincial, Regional and Local Governments can maximize the educational value of and public support for Race Rocks and other MPA’s by showing how much all levels of government care for these precious natural resources. This is a wonderful opportunity to explain and promote Canada’s Federal Marine Protected Areas Strategy.

(B) Pacific Whale Watch Association (PWWA) Shared recommendations

Boundary: As noted in PWWA’s Best Practices Guidelines, we consider what we call the “Go Slow Zone” to be the practical boundary for our operations and it extends out “800 yds/m around every rock and landmass in the Race Rocks area”. PWWA, therefore, gladly accepts the proposed Boundary as long as access in a responsible manner under a set protocol is allowed.

Restrictions and Accepted Uses: PWWA sees no reason that the uses currently allowed cannot continue.

Ongoing Science: The Boundary, Access, Restrictions, etc. must be adaptive, adjusting as new information on biomass, water quality, climate change, etc. becomes available. The first major research project will be a continuation of the cataloguing that Lester B. Pearson College has begun, and the recording of baselines for species populations, water quality, etc.

PWWA, as an association representing commercial ventures, realizes as much as any organization that such changes could have negative financial consequences for our members, but our membership remains committed to education and conservation as our primary missions.  But we also understand the effectiveness of our educational and conservation impact would be diminished by any restrictions to access. Where reductions in access are contemplated, mechanisms will have to be put in place to assist in transition of our members.

Relationships with First Nations: Mutual respect and a willingness to learn from each other must always be the hallmarks of our relationship with First Nations. We believe that formal details should be a matter of government to government negotiations.

Role of other government agencies: There are no walls or floodgates around Race Rocks, nor is there a ceiling or roof. We must be careful to get cooperation from all municipal, provincial and federal agencies to monitor and limit impact from all potential man-made events (e.g. Oil Spill, Increased Commercial Fishing in Juan de Fuca Strait, Seismic Testing, Increased airplane traffic, etc.) and natural events (e.g. virus or infection in sea lion population, relocation of prey due to Climate Change, etc.)

Overall profile of the MPA: Clearly there will be a balancing act between singing the praises and raising the profile of Race Rocks, and maintaining its integrity as an untainted ecosystem.

Protection: We foresee that greater education of students and adults will foster even greater respect for Race Rocks. Responsible stakeholders will continue to be strong advocates of Stewardship and Conservation and our presence will continue to be an efficient way to monitor human interaction, animal behaviour and changes.

Finances: This is where the business side of PWWA rears its head. We do not wish to see a major expenditure of government funds or any attempt at recouping those costs if there is no measurable increase in the conservation or stewardship of Race Rocks. A worst case scenario for us would be a massive build up of bureaucracy and expenses but only marginal improvement in how Race Rocks is promoted, operated and protected by the Federal Govenment.

Pearson College has done a magnificent job on a shoestring budget. While that is clearly not sustainable in the long-run, there are lessons in efficiency that Pearson College can provide. We see the long-term financing of Pearson College so that they can continue their work in concert with additional services from the federal and provincial government. Pearson College knows from experience what works and what needs attention. DFO should ask and listen.

Future management: Pearson College working in cooperation with DFO and B.C. Parks