Tag: Pacific North Coast Integrated Management Area

Kitimat Council urges heavy turnout for North Coast Draft Marine Plan meeting

Marine planning map
Zone maps for the North Coast marine draft plan. (MAPP)

District of Kitimat Council  has urged residents to turn out in large numbers for consideration of the North Coast Draft Marine Plan at the Kitimat Valley Institute Tuesday, May 13, from 5:30 to 8:30.

In introducing the motion, Mayor Joanne Monaghan said she was worried that not enough Kitimatians, especially charter operators, boaters and fishers were aware of the meeting.

Another council member privately said he was worried that the Open House and Forum weren’t publicized enough so that the town could be checked off as having “been consulted.”

Residents can download the plan from the Mappocean website at http://mappocean.org/north-coast/draft-plan-for-input/.

MAPP stands for Marine Planning Partnership for the North Pacific Ocean.

According to the documents the purpose of the North Coast Marine Plan “is to provide recommendations for achieving a sustainable balance between ecosystem health, social and cultural well-­‐being and economic development through an ecosystem-­‐based approach to planning and management.”

The plan is all about managing “common First Nation and provincial interests related to marine areas.”

The parners include the province and the Skeena First Nations Stewardship Society (NCSFNSS), representing the Metlakatla, Kitsumkalum, Kitselas, Haisla, Gitga’at, and Gitxaala Nations.
According to the doucments the North Coast plan area covers 27,000 kilometres of coastline;

that is indented with deep fjords and dotted with thousands of islands. It is a region of profound beauty, significant ecological diversity and remarkable cultural richness. Prince Rupert, Terrace and Kitimat are the largest communities in the North Coast plan area, which supports an overall population of approximately 42,000.

According to the summary of the plan:

The physical complexity of the North Coast includes a range of ecosystem types, including important estuaries that support distinct marine ecosystems and species. A diverse range of economic and community activities occur within the North Coast plan area. Commercial fisheries and associated processing facilities and logging have supported communities along the coast since the early 1900s. These activities continue to be important to the well-­‐being of coastal communities. Port activities centered around the communities of Prince Rupert, Kitimat and Stewart, and active recreational fishing and tourism sectors, continue to be strong economic drivers in the area. North Coast First Nations living in the region have distinct cultural and spiritual heritages that are intricately linked to the marine environment and the long-­‐standing sustainable use and management of marine resources.

The plan appears to overlap some areas where there have been environmental assessments of the Northern Gateway and the numerous liquified natural gas proposals.

The plan summary goes on to say:

The draft plan brings together science and Aboriginal knowledge, input from the technical staff of NCSFNSS (representing the Gitga’at, Gitxaała, Metlakatla, Kitsumkalum, Kitselas and Haisla Nations) and the Province. Key information and direction was provided by First Nations strategic marine use plans and existing provincial planning and policy documents.
Ecological, cultural and social and economic data sources were compiled and analysed by the joint technical team and contract support. Relevant background scientific reports and technical documents from the Pacific North Coast Integrated Management Area (PNCIMA) process were also used, along with the BC Marine Conservation Analysis. Additional information was drawn from government reports and publications, academic literature, industry or sector publications, discussions with experts and local knowledge. Advice was also incorporated from the North Coast Marine Plan Advisory Committee and public and stakeholder engagement.

The Pacific North Coast Integrated Management Area process was killed by the Harper government in the fall of 2011 . The decision to kill the PNCIMA was officially for budget reasons, but general speculation at the time was that Harper and then Natural Resources Minister Joe Oliver wanted to kill PNCIMA as one way of ensuring the government could push through the Northern Gateway project. The MAPP program was set up by the province and First Nations as a reaction to Harper’s decision.

 

Draft Marine Plan Summary (pdf)

Harper’s decision to defund coast management group may blow back on Enbridge, lawyer says

Energy Environment Link

The West Coast Environmental Law blog says the decision by Prime Minister Stephen Harper to take funding away from the Pacific North Coast Integrated Management Area plan may actually blow back on Enbridge, delaying the Northern Gateway pipeline project for years.

 The cancellation of the funding is  perceived as part of the Conservative government’s aim of pushing the
Northern Gateway pipeline through no matter what the cost.   (Two cabinet ministers, Joe Oliver and James Moore are publicly endorsing the Northern Gateway, despite the fact the Joint Review Hearings don’t even begin until January 2012. It is unlikely either minister would make an endorsement like that without Harper’s approval.)

In the blog post, Why Harper’s shot at PNCIMA also hit Enbridge in the foot, lawyer Andrew Gage argues that Harper’s move,  apparently motivated by fears that the PNCIMA process could block the pipeline, fears created by Vancouver blogger Vivian Crause and her allies among PostMedia’s right wing columnists, will actually delay the pipeline for years because it negates the legal obligation to consult First Nations and thus will likely throw the entire process into the courts for years.

Litigation by any of the Coastal First Nation against the Enbridge Pipeline could pose a serious problem for Enbridge and its Northern Gateway Project.  Because of First Nations title and rights that are protected by Canada’s constitution, the federal government has a duty to “act honourably” and to consult and accommodate First Nations who have a “credible but unproven claim” of rights that may be adversely affected by a government decision (such as approving the Enbridge Northern Gateway Pipeline project and related tanker traffic.)

As a result,  anything that the federal government does in relation to consultations with the Coastal First Nations about tanker traffic and the Enbridge Pipeline that might be considered “dishonourable” creates legal uncertainty and problems for Enbridge.  So was the decision to withdraw from the current PNCIMA funding arrangement “dishonourable?”

Gage notes that the federal government is required by the Oceans Act, passed under the Liberals in 1997, to set up integrated management plans for all coastal areas of Canada, not just the northwest, a process that began in 2005.

Gage also points out that Enbrige has, in the past, participated in the process:

A wide range of stakeholders, including one seat for the conservation sector, provide input and consensus based advice on an Integrated Oceans Advisory Committee, but do not determine the outcomes of the PNCIMA process. Enbridge has itself participated on the Integrated Oceans Advisory Committee, along with representatives of the fish farming, commercial fishing, renewable energy, recreational fishing and tourism industries, and even sponsored an early workshop in the PNCIMA process.

In short, PNCIMA is created by the federal government, managed jointly by the federal and provincial governments and First Nations, but with efforts being made to involve a wide range of stakeholders. Because the PNCIMA is co-chaired by a federal government staff-member, and requires sign-off from the government, it was unlikely to have resulted in a complete ban on oil tanker traffic, although it might have placed restrictions on marine travel, or otherwise provided protection for the coast from shipping impacts.

However, progress was slow, in part due to the limits of federal funding available for the process.

He goes onto to say that the Harper government itself agreed to the now controversial foundation funding in 2010. That was before the attacks from Crause and the PostMedia’s business columnists reached a crescendo in recent weeks. But now there is no longer any mechanism that can be perceived as neutral that consult with First Nations and other northwest coast stake holders.

To flip-flop now, slightly more than a year before the process was supposed to wrap up, leaves the PNCIMA process without the funding that the government has acknowledged is required for a thorough planning process. It is also a slap in the face for the Coastal First Nations, the BC government, environmental organizations and industry stakeholders who have worked on this process for years.

Prime Minister Harper’s government may have believed that it was helping Enbridge and its Northern Gateway Pipelines by withdrawing from this funding agreement. But the resulting uncertainty, and the appearance that the federal government has acted less than honourably towards the Coastal First Nations, may well cause Enbridge huge legal head-aches in the future.

Editor’s note: As I said in this post, there appears to be a double standard, since what the Harper government, PostMedia’s columnists and Krause apparently are saying that it is only acceptable if billionaire capitalists spend their money on a conservative or pro-energy industry agenda, but it is not acceptable if a billionaire capitalist decides to spend his money to protect the environment.

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