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Vol. 139, No. 40 — October 1, 2005 Regulations Amending the Fishing and Recreational Harbours RegulationsStatutory authority Fishing and Recreational Harbours Act Sponsoring department Department of Fisheries and Oceans
REGULATORY IMPACT (This statement is not part of the Regulations.) Description The Fishing and Recreational Harbours Regulations are made pursuant to the Fishing and Recreational Harbours Act and control the use of harbours under the administration of the Department of Fisheries and Oceans (DFO). The Regulations apply to all of the harbours listed in Schedule I. The current amendment will remove reference to 93 harbours that have been divested, add one harbour to the Schedule, and modify the name of one existing harbour. In February 1995, as part of the government-wide Program Review exercise, the Minister of Fisheries and Oceans announced that the entire inventory of DFO recreational harbours would be divested to eliminate the costs associated with operating and repairing these facilities. The Minister also announced that the number of DFO fishing harbours would be reduced to focus on those harbours that are most important to the commercial fishing industry. The divestiture process involves extensive site assessments, public consultations and negotiations. For each divestiture candidate, DFO determines whether another organization is interested in assuming responsibility for managing the harbour. First refusal is always given to other federal departments or provincial agencies. If these agencies express no interest, then municipalities and aboriginal groups where the harbours are located are approached. After that, take-over offers from area non-profit organizations, such as cottage associations or preservation societies, are considered. Where an interest is expressed, negotiations are undertaken and, when finalized to the satisfaction of all concerned parties, ownership and management of the harbour is transferred. In some cases, repairs to harbour structures are either undertaken or funded by DFO to limit liability. In all cases, covenants are included in transfer documents to ensure that harbours remain open to the public for a set period (usually a minimum of five years) and that all services offered at the time of divestiture are maintained for the same period at the existing level. Where none of the above groups expresses any interest in assuming harbour management, unsafe harbour structures are generally demolished and the property is returned to the Province or offered for public sale at market value. Since the last amendment in November 2002, an additional 93 harbours (41 being fishing harbours) have been divested and their names will be deleted from Schedule I of the Regulations. Since the divestiture initiative began in 1995, approximately 42 percent of DFO controlled harbours have been divested (897 of 2 137 harbours). At two of the harbours being removed from Schedule I, the infrastructure remains the responsibility of DFO. The three Small Craft Harbours Program locations at Petit-de-Grat, Nova Scotia (Petit-de-Grat — Fisherman's Wharf, Petit-de-Grat — Co-op Wharf and Petit-de-Grat — North Entrance Breakwater) will now be managed as one harbour. This amendment will modify the name of the combined harbour location to "Petit-de-Grat." This amendment will also add one harbour to Schedule I. The community of Charlottetown is located in Southern Labrador, in the province of Newfoundland and Labrador. It is a very active fishing community in a generally under-serviced area, which meets the criteria for support under the Small Craft Harbours Program. Adequate infrastructure in this area of Labrador is essential to the commercial fishery. Adding this location to Schedule I will permit funding by DFO, under the Small Craft Harbours Program. Alternatives For the locations being removed from Schedule I, ownership has already been legally transferred to another party, or the DFO structures have been demolished. This amendment is simply an administrative procedure to update the regulatory schedule of harbours. There is no alternative to this amendment. Failing to delete the divested harbours from the Regulations could mislead the public into believing that DFO still has responsibility for them. The alternative to the addition of a harbour to the Schedule would be to provide a grant or contribution to the community. Grants and contributions are limited in their terms and conditions. Scheduling a harbour gives the Department full funding flexibility and is consistent with the type of support provided to other fishing communities by the Small Craft Harbours Program. By limiting Small Craft Harbours Program funding to the harbour locations that are listed in Schedule I, the Department makes it clear to the public how this program's funds are being distributed. Benefits and costs This amendment will delete from Schedule I the names of the 93 harbours whose ownership and management has been legally transferred to other organizations. Amending the Regulations is the final step in this round of divestitures. This proposal will have no impact on the public, as the harbours in question have already been divested. The one-time cost associated with each divestiture is highly variable and is offset by the long-term avoidance of harbour maintenance and infrastructure repair costs. The divestiture of recreational harbours and the reduction in the number of fishing harbours allows DFO to focus its resources on essential fishing harbours. In Fiscal Year 2003-04, the Department spent more than $2 million for maintenance and repair of infrastructure at recreational and non-essential fishing harbours. These costs are expected to increase significantly in the next few years, putting increasing pressure on the Small Craft Harbours Program budget. Core fishing harbours, properly maintained and resourced, will better serve the commercial fishing industry and the departmental priorities. The new name given to the harbour at Petit-de-Grat, Nova Scotia, is simply an administrative adjustment. The three Small Craft Harbours Program locations in this area will now be jointly managed as one harbour. Two of the locations will be removed from Schedule I and the remaining location is being re-named "Petit-de-Grat." This amalgamation is expected to facilitate the day-to-day management of the various harbour facilities in these locations and the Department will continue to be responsible for all facilities. There will be no cost associated with this change and no impact on the public. The addition of Charlottetown, province of Newfoundland and Labrador, to Schedule I will place a new site under the administration of the Department of Fisheries and Oceans. DFO considers this location to be essential to the commercial fishing industry. On addition to Schedule I, this site will become eligible to receive funding under the Small Craft Harbours Program. This will be very positive for the community, as there will be new investment of $150,000 for the construction of new harbour facilities that will be appropriate for the local commercial fishing fleet. The funding of one new harbour is expected to have a negligible impact on the Small Craft Harbours Program. The Program has sufficient flexibility to accommodate one new harbour with no change to the overall program budget. Consultation The divestiture process included extensive local consultations by DFO regional and field staff familiar with the individual harbours. Before divesting the management of any harbour, consultations were held with users, local governments and community groups, provincial agencies, local Members of Parliament and interested parties. The time frame for this process is almost two years, allowing time for all interested parties to consult with the Department. The consultation component of the divestiture process is designed to ensure that all parties involved, including those using the harbours, are satisfied with the final negotiated result. Those affected by proposed divestitures were assured that all harbours to be taken over by another agency or organization will continue to be operated as public facilities for five years. In addition, harbours transferred to other levels of government or non-profit organizations are made safe before divestiture. The only harbours sold to private interests are those harbours no longer in use or those for which no interest in assuming their management was expressed. This aspect of the regulatory amendment is not expected to cause any negative public reaction as the harbours in question have already been divested and this amendment is merely bringing the Regulations up to date. The modification of the harbour name at Petit-de-Grat, Nova Scotia, is an administrative adjustment that will not cause any negative public reaction. This change in name will better reflect the combined management of the three Small Craft Harbours Program locations in this community. The addition of Charlottetown, province of Newfoundland and Labrador, to Schedule I is being done in consultation with the local community. Discussions have been held with the local fishermen's committee and other community representatives in the Southern Labrador area. Additional meetings between the community and Small Craft Harbours Program area personnel will be held to determine the location of any new infrastructure, construction and long-term harbour management. Compliance and enforcement The proposed amendments are not subject to enforcement action because they are simply updating the Regulations. David Rupar, Manager, Resources and Information, Small Craft Harbours, Department of Fisheries and Oceans, 200 Kent Street, Ottawa, Ontario K1A 0E6, (613) 998-1636 (telephone), (613) 952-6788 (fax); and Susan Pilkington, Planning Officer, Legislative and Regulatory Affairs, Department of Fisheries and Oceans, 200 Kent Street, Ottawa, Ontario K1A 0E6, (613) 990-0122 (telephone), (613) 990-2811 (fax). Notice is hereby given that the Governor in Council, pursuant to section 9 of the Fishing and Recreational Harbours Act, proposes to make the annexed Regulations Amending the Fishing and Recreational Harbours Regulations. Any interested person may make representations concerning the proposed Regulations within 30 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 David Rupar, Manager, Resources and Information, Small Craft Harbours, Department of Fisheries and Oceans, 200 Kent Street, Ottawa, Ontario K1A 0E6. Ottawa, September 26, 2005
DIANE LABELLE
REGULATIONS AMENDING THE FISHING AND AMENDMENTS 1. Items 6, 65, 67, 105, 138, 143, 219, 248, 256, 258, 269, 318, 325, 371, 379, 381, 395, 420, 443, 444, 453, 465, 469, 481, 503, 520, 521, 524, 534, 535, 548, 550, 555, 561, 607, 609, 622, 624, 665, 680, 684, 718, 720, 721, 733, 740, 756, 784, 801, 808, 836, 843, 890, 903, 908, 925, 968, 997, 999, 1015, 1028, 1042, 1049.1, 1053, 1083, 1094, 1109, 1114, 1160, 1171, 1174, 1177, 1229, 1252, 1325, 1385, 1413, 1434, 1475, 1499, 1528, 1549, 1563, 1571, 1653, 1656, 1768, 1877, 1940, 1995, 2053, 2096 and 2121 of Schedule I to the Fishing and Recreational Harbours Regulations (see footnote 1) are repealed. 2. Item 998 of Schedule I to the Regulations is replaced by the following:
3. Schedule I to the Regulations is amended by adding the following after Item 1742:
COMING INTO FORCE 4. These Regulations come into force on the day on which they are registered. [40-1-o] SOR/78-767 |
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