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Regulations for the proposed Gully Marine Protected Area (MPA) have been developed by Fisheries and Oceans Canada (DFO) and released by the Government of Canada for public comment. Pre-publication of the Gully MPA regulations in Part I of the Canada Gazette gives interested groups and individuals, as well as Canadians in general, a final opportunity to review and comment on the proposed regulations before they are enacted and published in Part II of the Canada Gazette. Pre-publication also provides previously consulted stakeholders the opportunity to see how the final draft proposal compares with earlier proposals.
The Gully is the largest submarine canyon in eastern North America. Located off Nova Scotia near Sable Island, the Gully contains a rich diversity of marine habitats and species including deep-sea corals and northern bottlenose whales. The area is nationally and globally acknowledged as an important and exceptional marine habitat. The Gully ecosystem has long been important for fishing, and more recently, the surrounding waters have witnessed considerable growth in oil and gas exploration and development.
The Gully’s unique physical attributes, its ecological significance and increasing human pressures generated major conservation interest during the mid-1990s. In 1998, DFO identified the Gully as an Area of Interest (AOI) in its Marine Protected Areas (MPA) program with the intent of securing long- term protection for the core of the deep-water canyon ecosystem. Since 1998, DFO has investigated the merit and feasibility of establishing the Gully as an MPA.
Several years of scientific investigation have confirmed the ecological importance of the Gully. Biodiverse and highly productive, with a tremendous variety of habitats for fish, mammals, seabirds and bottom dwellers, the Gully is "one-of-a-kind" that deserves special protection under the Oceans Act. The Gully contains the highest known diversity of coral in Atlantic Canada with 21 species identified to date. Fourteen species of marine mammals are attracted to the Gully by the abundant food supply. The deepest part of the canyon is especially important for the Scotian Shelf population of northern bottlenose whales, a population recently assessed as endangered by the Committee on the Status of Endangered Wildlife in Canada.
Before developing conservation measures and regulations for the MPA, DFO undertook a series of socio-economic assessments to better understand resource values and historical patterns of human use in the Gully. Detailed studies of fisheries were conducted by DFO with the assistance of a Fisheries Working Group. Reviews of mineral and hydrocarbon potential were completed by Natural Resources Canada and the Canada-Nova Scotia Offshore Petroleum Board.
During the design of the MPA, DFO incorporated the findings from the scientific investigations and socio-economic assessments. Feedback and the viewpoints of many interested parties and were also considered. The Gully MPA design strives to maximize conservation benefits while providing for sustainable use.
Throughout the MPA evaluation process, DFO met with groups and individuals to present the results of assessments and scientific research projects. The regulatory proposal was presented in a series of meetings during the Fall of 2002, and in January 2003, the multi-stakeholder Gully Advisory Committee was formed to provide focused input and advice to DFO. The Committee reviewed and commented on the regulatory proposal in the Spring of 2003. Based on feedback received at that time, some changes were made to the final proposal now available in Part I of the Canada Gazette.
The purpose of the proposed MPA designation is to conserve and protect the natural biological diversity of the Gully and to ensure its long-term health. The Gully MPA comprises 2,364 square kilometres and includes the habitat of deep-sea corals and a variety of whale species, including the at-risk northern bottlenose whale. The MPA contains three management zones with varying levels of protection based on the conservation objectives and ecological vulnerability of each zone. Zone 1 comprising the deepest parts of the canyon is preserved in a near-natural state with full ecosystem protection. Zone 2 imposes strict protection for the canyon head and sides, feeder canyons and the continental slope. The adjacent sand banks, which are prone to regular natural disturbance, comprise Zone 3.
General prohibitions against disturbance, damage, destruction or removal of any living marine organism or any part of its habitat within the MPA apply to the entire water column and include the seabed to a depth of 15 metres. The regulations also prohibit any activities in the vicinity of the MPA that contravene these general prohibitions. This requirement recognizes that human activities outside the MPA, including the depositing, discharging and dumping of substances, have the potential to cause harmful impacts within the MPA. The
potential effects of activities occurring outside the MPA will be addressed through existing environmental review processes.
Regulatory exceptions and Ministerial plan approvals are used to allow for uses that do not compromise the conservation objectives of the MPA. Fishing for halibut, tuna, shark and swordfish under a federal fishing licence and approved management plan have been allowed in Zones 2 and 3. Scientific research and monitoring may be approved in all three zones provided a plan is submitted and the research meets all regulatory requirements. Subject to plan submission and Ministerial approval, other activities may be permitted in Zone 3 provided they do not cause disturbance beyond the natural variability of the ecosystem. Search and rescue, international navigation rights and activities related to national security and sovereignty have also been permitted in the MPA.
The Gully MPA will protect an area of exceptional marine biodiversity and satisfy important international obligations, such as those made by Canada with the recent ratification of the United Nations Convention on the Law of the Sea. The Gully MPA also stands to make an important contribution to the national system of marine protected areas called for in the Oceans Act and Canada’s Oceans Strategy.
Groups and individuals are invited to review the proposed Gully MPA regulations and accompanying Regulatory Impact Analysis Statement published in the December 6, 2003 issue of the Canada Gazette Part I (Vol. 137, No. 49). Written comments can be submitted to DFO within 30 days of the publication date. Contact persons appear within the proposed regulations. The Canada Gazette is available online at:
http://canadagazette.gc.ca.
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