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Vol. 141, No. 31 — August 4, 2007 Order Amending the Fishing Zones of Canada (Zones 4 and 5) OrderStatutory authority Oceans Act Sponsoring department Department of Foreign Affairs and International Trade REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Order.) Description The purpose of these two orders amending the Fishing Zones of Canada (Zones 4 and 5) Geographical Coordinates Order, C.R.C., c. 1548, and the Fishing Zones of Canada (Zone 6) Geographical Coordinates Order, C.R.C., c. 1549 ("Fishing Zone Orders"), is to update the geographical coordinates establishing the outer limit of fishing zones 4, 5 and 6. The coordinates of these fishing zones correspond to a section of the dividing line between Canada and Greenland, established under the Agreement between the Government of the Kingdom of Denmark and the Government of Canada relating to the Delimitation of the Continental Shelf between Greenland and Canada (the "1973 Agreement"), signed in Ottawa on December 17, 1973. In March 2004, Canada and Denmark agreed to amend the 1973 Agreement. The amendment to redefine the dividing line in Davis Strait, Baffin Bay and Nares Strait using a common geodetic system will ultimately take place through an exchange of diplomatic notes once each country has made any necessary amendments to its domestic legislation. Use of the new system will replace the two separate and outdated geodetic systems previously used by Canada and Denmark. Not only was the use of two systems awkward for comparison purposes, it has also meant that the dividing line was estimated to the best abilities of the technical working groups at the time. Today, a better geodetic datum exists, known as the World Geodetic System 1984 (WGS84), alternatively called North American 1983 (NAD83) in Canada. Using the new system, the dividing line between Greenland and Canada will remain the median line, but due to the greater accuracy of the system, the line will shift very slightly in Canada's favour (a matter of metres) from the line originally plotted. The technical redetermination of the dividing line between Canada and Greenland in the 1973 Agreement will only be possible once Canada's domestic legislation has also been modified. The two Fishing Zones Orders are the only pieces of legislation that make reference to the 1973 Agreement and the coordinates originally established under the now outdated geodetic systems. Therefore, amending the 1973 Agreement necessitates amending the two Fishing Zones Orders, so that they also reflect the NAD83 coordinates. Alternatives One alternative is to maintain the status quo. This would either mean that Canada and Denmark would not be able to amend the 1973 Agreement, or that fishing zones 4, 5 and 6 would not match the limits of the maritime boundary established by the 1973 Agreement if amended. In either case, Canada would not be making use of the most current, accurate and reliable geographical coordinates. Especially in the latter case, it could lead to confusion among fishers and other navigators and potentially lead to litigation or to enforcement incidents between Denmark and Canada. Additionally, Canada would not be taking advantage of the full area available in which to assert its sovereign rights to the natural resources of the waters in question. Benefits and costs It is time that the 1973 Agreement be updated, as was originally contemplated by the drafters of the treaty. This will be possible once Canada has amended the Fishing Zones Orders. Improved systems for navigation and position determination, and the wide use by vessels of GPS systems using NAD83 data, argue for a more precise definition of the dividing line pursuant to NAD83. Fishing zones that are more accurately mapped will assist fishers and help to avoid disputes. The greater clarity provided through the use of the common system, NAD83, will also serve to ensure the continuation of good relations with Denmark. The costs of updating the coordinates are negligible. Consultation Consultations were held with the departments of Justice, Fisheries and Oceans, Natural Resources, Indian and Northern Affairs and the Privy Council Office. An information session was held for fisheries and tourism industry representatives of Nunavut and Newfoundland and Labrador, as well as government representatives of both. Letters were sent to the governments of Nunavut and of Newfoundland and Labrador, the Nunavut Wildlife Management Board, as well as to Nunavut Tunngavik Incorporated and the Makivik Corporation to inform them of the proposed change to the dividing line. All consulted parties have concurred with the proposed adjustment. Interested groups already consulted have been notified immediately prior to pre-publication of the draft order. Compliance and enforcement No specific measure is required for enforcement. However, fishing zones 4, 5 and 6 form part of the "Fisheries Waters" that are regulated by the Department of Fisheries and Oceans. The powers of the Department include the right to refuse entry into these waters by any foreign fishing vessel.
Wendell Sanford
Notice is hereby given that the Governor in Council, pursuant to paragraph 25(b) of the Oceans Act (see footnote a), proposes to make the annexed Order Amending the Fishing Zones of Canada (Zones 4 and 5) Order. Interested persons may make representations with respect to the proposed Order within 75 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Wendell Sanford, Director, Oceans and Environmental Law Division, Department of Foreign Affairs and International Trade, 125 Sussex Drive, Tower C — 7th Floor, Ottawa, Ontario K1A 0G2 (tel.: 613-992-2104; fax: 613-992-6483). Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act. Ottawa, July 30, 2007
MARY O'NEILL
ORDER AMENDING THE FISHING ZONES OF CANADA (ZONES 4 AND 5) ORDER AMENDMENTS
1. Section 2 of the Fishing Zones of Canada (Zones 4 and 5) Order (see footnote 1) is amended by adding the following in alphabetical order: AREA 1 Davis Strait
COMING INTO FORCE 3. This Order comes into force on the day on which it is registered. [31-1-o] S.C. 1996, c. 31 C.R.C., c. 1548
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