GIAB Meeting May 26, 2017 Nanaimo, BC Proposed Scott Islands marine NWA Update on Establishment Process, CGI Consultation & Path Forward GIAB Meeting May 26, 2017 Nanaimo, BC

Outline Context Consultation and Engagement Results of CGI Public Consultation Response to CGI comments Implications for fishing in the mNWA Proposed fisheries measures under discussion Path Forward - Next Steps and Timeline Annex I – Potential Groundfish measures Annex II – Overview of Proposed Regulations

Context The Scott Islands support the highest concentration of breeding seabirds in the Canadian Pacific and the surrounding marine environment is important foraging habitat for seabirds and other marine species. The area has socio-economic and cultural significance for the Tlatlasikwala and Quatsino First Nations, North Vancouver Island communities, and other resource users. The Scott Islands and surrounding marine environment has been a hub of seabird research for 30+ years. In 1997, the area was identified as an Important Bird Area by BirdLife International, and in 2006 it was identified as an Ecologically and Biologically Significant Area (EBSA) by DFO. In 2004, the Government of Canada committed to establish a marine National Wildlife Area (NWA) to protect the marine environment around the Scott Islands.

The proposed Scott Islands marine NWA 11,546 km2 of exclusively marine area located off the northwest tip of Vancouver Island, extending into Canada’s Exclusive Economic Zone Excludes the 5 Scott Islands which are already protected by the Province of BC First marine NWA to be established under the Canada Wildlife Act Will increase marine protection for seabirds and other marine species in the area

Benefits of establishing the marine NWA Conserves one of the most productive and biologically diverse marine ecosystems for seabirds and many other marine species on the Canadian Pacific coast. Complements existing provincial protection for the islands. Promotes a balanced and long-term approach to marine conservation and economic activity in the area. Provides for enhanced and coordinated management of research, monitoring and other activities in the area. Contributes to a network of marine protected areas on the Pacific coast and progress towards protecting at least 5% of our coastal and marine areas by 2017 and 10% by 2020.

Consultation and Engagement Consultation and engagement on protecting the Scott Islands marine environment has been ongoing for 10+ years. Steering Committee and stakeholder Advisory Group established in 2010, chaired by ECCC-CWS. Steering Committee includes representatives from Tlatlasikwala First Nation, Quatsino First Nation, Province of BC, DFO, TC, and NRCan. Advisory Group includes representatives from commercial and recreational fishing, shipping, energy, conservation, tourism, and local and regional governments. Scott Islands marine NWA Regulatory Strategy posted for public comment in March 2013. Proposed Regulations and Notice of Intent to establish the marine NWA published in Canada Gazette Part I (CGI), on December 31, 2016 for 30 day public comment period (closed on January 30, 2017).

Results of CGI Public Consultation Over 11,000 comments were received, with the vast majority being part of letter writing campaigns by three ENGOs (Canadian Parks and Wilderness Society (CPAWS), David Suzuki Foundation, and Pacific Wild). ENGOs and academics commented that: boundary should be expanded to include all of the important foraging areas for the seabirds proposed protection measures will not adequately protect the seabirds and other marine life that depend on this area precautionary approach should be used to restrict fishing, shipping/vessel traffic bottom trawling and gillnet fisheries should be permanently prohibited mineral and oil and gas rights should be withdrawn protections do not meet international definition and therefore marine NWA should not be included in marine conservation targets

Results of CGI Public Consultation Comments were also received from the fishing, shipping and energy sectors as well as local and regional government who are generally supportive of the proposed approach and concerned about the weight that may be placed on the ENGO letter writing campaigns. Tlatlasikwala First Nation commented on the need for a multi-year, meaningfully funded, collaborative management agreement for the marine NWA. The Province of BC also commented on the need for collaborative management of the marine NWA, recognition of existing provincial protections in the area, and need to increase proposed 1 nautical mile anchorage prohibition to a 25-50 nautical miles buffer around the islands (to provide better protection in case of oil spills).

Response to CGI comments ECCC is taking the comments seriously and is committed to ongoing discussion and engagement with partners and stakeholders. We are working with DFO, TC and NRCan to respond to the comments and are collaborating on the development of a science plan that will be incorporated into the Management Plan for the marine NWA. We are also working with DFO and TC to identify potential additional complementary measures that could be undertaken under existing legislation to address fishing and shipping related concerns. Finally, we are considering options for modifying the proposed Scott Islands mNWA regulations to reflect protections currently in place under other mechanisms. This work is still underway.

Implications for fishing in the marine NWA 3% of the area is closed as a Rockfish Conservation Area and 80% is closed to bottom trawl fishing. Fishing within the marine NWA will continue to be managed by DFO. The proposed Regulations exempt fishing carried out in accordance with the Fisheries Act and the Coastal Fisheries Protection Act, except fishing for Pacific sand lance, Pacific saury, and North Pacific krill. There are currently no fisheries for these 3 forage species within the marine NWA, although they do occur elsewhere. Prohibiting fisheries for these species in the marine NWA is a proactive measure to protect these key seabird forage species. The management plan will provide additional guidance on the management and enforcement of fishing and other activities in the marine NWA.

Proposed fisheries measures under discussion Concern: no meaningful restrictions on fishing activities and weak measures to address seabird bycatch from fisheries in the area in the marine NWA Regulations Work underway: ECCC is working closely with DFO to determine if there are: potential additional conservation measures that could be undertaken under existing legislation to address fishing related concerns/recommendations; options for modifying the proposed Scott Islands regulations to reflect protections currently in place under other mechanisms. Non-regulatory actions discussed: ECCC and DFO propose to address seabird bycatch through existing management approaches (i.e. bycatch reporting, license requirements), and to monitor and improve current fishing practices, in collaboration with the fishing sector (DFO Proposed Measures in Annex I).

Path Forward – Next Steps and Timeline Advisory Group meeting to update on results of CGI public consultation and path forward – scheduled for May 31 and June 1 in Port Hardy Development of draft management plan with input from Steering Committee and Advisory Group – draft to be completed by late 2017 CGII publication of final Regulations and designation of the Scott Islands marine NWA – late 2017 Publication of final management plan – 2018

Scott Islands marine NWA webpage at Questions? For more information: Scott Islands marine NWA webpage at www.ec.gc.ca/ap-pa/default.asp?lang=En&n=90605DDB-1 Tufted Puffin, Philip Witt

Annex I Potential Groundfish Bottom Trawl Measures Impact Category PROPOSED MITIGATION MEASURE Seabird bycatch Implement a “Bag and Tag” Program for delivery back to ECCC in the unlikely event that a seabird is caught and killed Prey Species Bycatch Review bycatch levels of prey species Use review to explore merit of modifying net mesh size language in conditions of license for the Scott Islands NWA Prey Species Habitat Impacts Explore potential of adding protection of prey species habitat as an objective for the Groundfish Trawl Footprint Closure within the Scott Islands boundary and potential adjustments to the footprint boundaries within Scott Islands.

Annex I Potential Groundfish Mid-Water Trawl Measures IMPACT CATAGORY PROPOSED MITIGATION MEASURE Seabird bycatch “Bag and Tag” Program   Prey Species Bycatch Review bycatch levels of prey species Use review to explore merit of modifying net mesh size language in conditions of license for the Scott Islands NWA Prey Species Habitat Impacts Review data available on the likelihood/frequency of bottom contact in prey species habitat. Use review to explore merit of net depth sensor requirements in conditions of licence for the Scott Islands NWA.

Annex I Potential Groundfish Longline Measures IMPACT CATAGORY PROPOSED MITIGATION MEASURE Seabird Bycatch Work with industry to ensure current Conditions of License are being adhered to and or explore alternative mitigation devices (E.g. A device attached to the vessel that sends the fishing line into the water at a greater angle thereby ensuring that the bait submerges faster and deeper than if left to enter the water at a shallower angle could be considered).   Incorporate Bag and Tag Program Prey Species Bycatch N/A Prey Species Habitat None at this time

Annex I Potential Groundfish Trap Gear Measures IMPACT CATAGORY PROPOSED MITIGATION MEASURE Seabird Bycatch None at this time Prey Species Bycatch N/A Prey Species Habitat

Annex I Potential Groundfish Gang Troll Measures IMPACT CATAGORY PROPOSED MITIGATION MEASURE Seabird Bycatch Work with industry to ensure current Conditions of License are being adhered to.   Incorporate bag and tag program. Prey Species Bycatch N/A Prey Species Habitat

Annex II - Overview of Proposed Regulations Main purpose is to protect seabirds in the area Prevent disturbance and reduce threats to seabirds nesting on the Scott Islands and other migratory birds Protection of seabird forage species Allow activities to occur that are compatible with the conservation objective of the area to conserve migratory seabirds, species at risk, and the habitats, ecosystem linkages and marine resources that support these species. Activities that currently take place in the area are currently not a significant threat to seabirds or other wildlife Retain existing management authorities in area for fishing and marine transportation (DFO and TC)

Annex II: Overview of Proposed Regulations - Prohibitions carry out any activity that is likely to disturb, damage, destroy or remove wildlife or its habitat dump or discharge any waste material or substance that is likely to harm wildlife or degrade the quality of its habitat introduce any living organism that is likely to harm wildlife or degrade the quality of its habitat fly an aircraft (including drones) above the marine NWA at an altitude that is below 1100 m be within 300 m of Triangle, Sartine or Beresford Islands to minimize disturbance to seabird nesting colonies anchor a vessel of more than 400 gross tonnes within one nautical mile of the low water mark of Triangle, Sartine or Beresford Islands

Annex II: Overview of Proposed Regulations - Exceptions Public safety, national security, emergency, law enforcement Navigation of vessels carried out in accordance with the Canada Shipping Act, 2001 Fishing carried out in accordance with the Fisheries Act and the Coastal Fisheries Protection Act, except fishing for: Pacific sand lance Pacific saury North Pacific krill These three forage species are key to the survival of birds feeding in the area and a permit from ECCC would be required to fish them

Annex II: Overview of Proposed Regulations – Issuance of Permits The Minister may issue a permit authorizing a person to carry out an activity that would otherwise contravene the regulations, if the proposed activity meets the criteria set out in paragraph a) or b) below: the purpose of the proposed activity is to promote conservation or protection of wildlife or wildlife habitat and the benefits outweigh any potential adverse effects (e.g. scientific research) the purpose of the proposed activity is not to promote conservation or protection of wildlife or wildlife habitat and any adverse effects do not compromise their conservation or protection as a result of taking measures to monitor, prevent and mitigate the adverse effects (e.g. wind energy projects)