Support Letter for Re-establishment of Section 17 Reserve 'Designated Use Area'

Transcription

1 Support Letter for Re-establishment of Section 17 Reserve 'Designated Use Area' RECOMMENDATION: That Council provide a letter of support to the Ministry of Forests, Lands and Natural Resource Operations (FLNRO) showing continued support for the Section 17 Reserve to protect the shell fishery within the Sooke Harbour and Basin for an additional 10 year period. Report Summary: On October 15th, 2012, a Section 17 Designated Use Area was established by the Ministry of Forests, Lands and Natural Resrouce Operations (FLNRO) over 13 foreshore areas in the Sooke Harbour and Basin for a period of 5 years.the purpose of the DUA was to improve water quality and to develop management strategies to enhance shellfish aquaculture and traditional shellfish harvesting. The Ministry is seeking a letter of support from the District to renew the reserve for an additional 10 years. The deadline for submissions is October 13, Previous Council Action: Previously, Council provided a letter of support to the Ministry and additionally posted a public notice on the District website outlining the details of the Designated Use Area. Report: The shallow waters of Sooke Harbour and Sooke Basin support sensitive marine habitat and shellfish resources, however, the waters are closed to direct harvesting of shellfish due to high contamination levels. Shellfish harvested from these waters for commercial purposes must be depurated (cleansed of contaminants) in accordance with the requirements of the Canadian Shellfish Sanitation Program prior to being released to markets to ensure public safety. In 2003, the Province of BC established Designated Use Area (DUA) in Sooke Basin over seven foreshore areas with high shellfish values. The objective of the DUA is to protect the beaches from further development of docks and other structures not compatible with shellfish aquaculture and shellfish harvesting. T sou-ke First Nation subsequently obtained five Land Act licences within the DUA for purposes of shellfish aquaculture. In response to ongoing concerns about water quality and habitat values FLNRO undertook a marine intertidal inventory of the Harbour and Basin in the spring of The inventory identified additional intertidal areas with shellfish resources and sensitive marine habitat worthy of protection. An ongoing water quality monitoring program led by the Ministry of Environment has established that there is a direct link between foreshore development and the deterioration of water quality. The establishment of a second DUA further limits negative impacts from foreshore development and provides a 10 year opportunity for planning and special management guidelines to be developed in cooperation with T Sou-ke First Nation, local government and stakeholders with the overall objective of protecting water quality and marine habitat for the benefit of the community and the shellfish industry. A draft letter of support is attached for Council's consideration. Development Services Regular Council - October 10, RPT File No

2 Frequently Asked Questions: Where are the areas located? The 13 new areas are shown on the map attached. How will waterfront property owners be affected? Holders of existing Land Act tenures located within a DUA area will be unaffected so long as the structure (typically a dock) is built as authorized by the tenure agreement, is in good condition, and only used for the approved purposes as stated in the tenure agreement. However, FNLRO will not be accepting applications for amendments of the tenure agreement to change the authorized use(s) or expansion of the structure or size of the tenured area. Natural Resource Operations will only consider acceptance of new applications if the proposed land uses are compatible with shellfish aquaculture and traditional shellfish harvesting. Persons considering making application within the DUA areas are advised to contact Natural Resource Operations to determine if the proposed land uses are compatible. It is unlikely that proposals involving activities/structures such as pile driving, placing of fill, private docks, seawalls, piers, floating docks, marinas, boat ramps will be deemed compatible. Where can I get more information? Further information may be obtained by contacting Mark Harvey, Land Officer, Ministry of Forests, Lands & Natural Resource Operations, Suite 142, 2080 Labieux Road, Nanaimo, BC V9T 6J9. Telephone: , mark.harvey@gov.bc.ca Strategic Relevance: The Strategic Plan speaks to the following related points: Fiscal Responsibility Build capacity in our community by supporting initiatives that support sustainability Community Planning Our Official Community Plan is critical to our community vision and we will ensure it stays current. Enhancing Community Livability Take steps to protect Sooke's Natural beauty Attached Documents: PUBLIC NOTICE _SOOKE_ Section 17 DUA SOOKE DUA SECT Shellfish MOU Draft letter of support Development Services Regular Council - October 10, RPT File No

3 This notice is placed on behalf of Ministry of Forests, Lands & Natural Resource Operations. NOTICE OF ESTABLISHMENT of Land Act Section 17 Designated Use Area on October 15, Take notice that Natural Resource Operations in Nanaimo have established a temporary Designated Use Area (DUA) over 13 foreshore areas in Sooke Harbour and Sooke Basin for a term of 5 years. The purpose of the DUA is to improve water quality and to develop management strategies to enhance shellfish aquaculture and traditional shellfish harvesting. A brief background: The shallow waters of Sooke Harbour and Sooke Basin support sensitive marine habitat and shellfish resources, however, the waters are closed to direct harvesting of shellfish due to high contamination levels. Shellfish harvested from these waters for commercial purposes must be depurated (cleansed of contaminants) in accordance with the requirements of the Canadian Shellfish Sanitation Program prior to being released to markets to ensure public safety. In 2003, the Province of BC established Designated Use Area (DUA) in Sooke Basin over seven foreshore areas with high shellfish values. The objective of the DUA is to protect the beaches from further development of docks and other structures not compatible with shellfish aquaculture and shellfish harvesting. T sou-ke First Nation subsequently obtained five Land Act licences within the DUA for purposes of shellfish aquaculture. In response to ongoing concerns about water quality and habitat values the Ministry of Forests, Lands & Natural Resource Operations (FNLRO)undertook a marine intertidal inventory of the Harbour and Basin in the spring of The inventory identified additional intertidal areas with shellfish resources and sensitive marine habitat worthy of protection. An ongoing water quality monitoring pram by the Ministry of Environment has established that there is a direct link between foreshore development and the deterioration of water quality. The establishment of a second DUA further limits negative impacts from foreshore development and provides a 5 year opportunity for planning and special management guidelines to be developed in cooperation with T Sou-ke First Nation, local government and stakeholders with the overall objective of protecting water quality and marine habitat for the benefit of the community and the shellfish industry. SUMMARY OF IMPORTANT POINTS: The 13 new areas are shown on the map (click on map pdf). To read the DUA establishment instrument click here The DUA is in effect for a term of 5 years, effective October 15, 2012.

4 Holders of existing Land Act tenures located within a DUA area will be unaffected so long as the structure (typically a dock) is built as authorized by the tenure agreement, is in good condition, and only used for the approved purposes as stated in the tenure agreement. However, FNLRO will not be accepting applications for amendments of the tenure agreement to change the authorized use(s) or expansion of the structure or size of the tenured area. Natural Resource Operations will only consider acceptance of new applications if the proposed land uses are compatible with shellfish aquaculture and traditional shellfish harvesting. Persons considering making application within the DUA areas are advised to contact Natural Resource Operations to determine if the proposed land uses are compatible. It is unlikely that proposals involving activities/structures such as pile driving,placing of fill, private docks,seawalls, piers, floating docks, marinas, boat ramps will be deemed compatible. Further information may be obtained by contacting Mark Harvey, Land Officer, Ministry of Forests, Lands & natural Resource operations, Suite 142, 2080 Labieux Road, Nanaimo, BC V9T 6J9. Telephone: mark.harvey@gov.bc.ca

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7 October 11, 2017 Mr. Mark Harvey, Land Officer Ministry of Forests, Lands & Natural Resource Operations Suite 142, 2080 Labieux Road Nanaimo, BC V9T 6J9 One behalf of Sooke Council, the District of Sooke is understanding of the need to improve water quality and developing management strategies to enhance shellfish aquaculture and traditional shellfish harvesting. Recent public consultation through our Official Community Plan process has shown strong support for preserving the environment in and around Sooke, which also includes the Sooke Harbour. The District is aware that through the ongoing water quality monitoring program led by the Ministry of Environment, that there is a direct link between foreshore development and deterioration of water quality. The reestablishment of the Designated Use Area limits these negative impacts from and provides an additional opportunity for special management guidelines to be developed in cooperation with T Sou-Ke First Nation and other stakeholders with the overall objective of protecting water quality and marine habitat for the long-term benefit of the community and the shellfish industry. The District is pleased to provide this letter of support to renew the Section 17 Reserve Designated Use Area for an additional 10 years. Sincerely, Mayor Maja Tait District of Sooke