Gros Morne Forestry Timber Regulations (SOR/82-288)

Vol. 139, No. 14 — July 13, 2005 Registration SOR/2005-203 June 28, 2005 FORESTRY ACT Regulations Repealing the Gros Morne Forestry Timber Regulations P.C. 2005-1267 June 28, 2005 Her Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to section 6 (see footnote a) of the Forestry Act (see footnote b), hereby makes the annexed Regulations Repealing the Gros Morne Forestry Timber Regulations. REGULATIONS REPEALING THE GROS MORNE FORESTRY TIMBER REGULATIONS REPEAL 1. The Gros Morne Forestry Timber Regulations (see footnote 1) are repealed. COMING INTO FORCE 2. These Regulations come into force on October 1, 2005. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Description The Canada National Parks Act includes a description of Gros Morne National Park of Canada, but the provisions of the Canada National Parks Act relating to Gros Morne are not yet in force. Thus, Gros Morne does not yet have legal status as a national park of Canada. Authority to formally establish Gros Morne as a national park by an Order in Council is set out under section 71 of the Canada National Parks Act, but before that can be done, new regulations are required to reflect the terms of the Federal-Provincial Agreement to establish Gros Morne as a national park of Canada. The Agreement, as approved in 1973 and amended in 1983, specifically provides that eligible local residents in the vicinity of the park area would be permitted to continue to snare snowshoe hare and harvest timber for domestic purposes. These traditional renewable resource harvesting activities are to be sustainable and consistent with the legislated mandate for national parks respecting the maintenance of ecological integrity in the Park. In addition, the National Parks Fishing Regulations require an amendment to include provisions for Gros Morne National Park of Canada. The Gros Morne National Park of Canada Timber Regulations, Gros Morne National Park of Canada Snowshoe Hare Regulations and amendments to the National Park of Canada Fishing Regulations would come into effect concurrently with the Order in Council that formally establishes Gros Morne as a national park of Canada. The highlights of these regulatory initiatives are as follows: Regulation of Traditional Renewable Resource Harvesting Activities Under section 17 of the Canada National Parks Act, authority is given to the Governor in Council to make regulations to control the exercise of traditional renewable resource harvesting activities in Gros Morne National Park of Canada in the Province of Newfoundland and Labrador. This regulatory initiative exercises that authority by establishing the Gros Morne National Park of Canada Snowshoe Hare Regulations and the Gros Morne National Park of Canada Timber Regulations. The Regulations would authorize the snaring of snowshoe hare and the harvesting of timber by eligible persons. The Regulations define an eligible person as a person who, at the time of their application for and receipt of a snaring or timber harvesting permit, is a permanent resident of Birchy Head, Cow Head, Curzon Village, Glenburnie, Neddy Harbour, Norris Point, Rocky Harbour, St. Paul's, Sally's Cove, Shoal Brook, Trout River, Winter House Brook or Woody Point in Newfoundland and, on August 13, 1973, was at least 19 years of age and a permanent resident of the park or one of the above communities or is the child of an eligible person. Currently, the snaring of snowshoe hare in Gros Morne is controlled under the Newfoundland and Labrador Wild Life Act. Once the Gros Morne National Park of Canada Snowshoe Hare Regulations come into effect, they would take precedence over the provincial legislation. The Regulations would provide a framework for issuing permits and for establishing the terms and conditions in those permits, for the control of snaring activities in the Park. This initiative would also amend the National Parks Wildlife Regulations, which generally prohibit the hunting of wildlife in national parks. The Regulations would be amended so that those authorized to snare under the Gros Morne National Park Snowshoe Hare Regulations would not be subject to the general prohibition of hunting wildlife for the purpose of snaring snowshoe hare in the Park. Timber harvesting in Gros Morne National Park of Canada is currently controlled by the Gros Morne Forestry Timber Regulations, made in 1981 under the federal Forestry Development and Research Act, now the Forestry Act. These Regulations, and a 1981 Order in Council that designated the park area as a Forest Experimental Area for the purpose of providing a conservation and management tool, would be repealed when the Gros Morne National Park of Canada Timber Regulations come into effect. The Regulations would provide a framework for issuing permits and for establishing the terms and conditions in those permits, for the control of timber harvesting activities in the Park. The purpose is not to change the intent of the existing regulations when the Gros Morne National Park of Canada Timber Regulations and Gros Morne National Park of Canada Snowshoe Hare Regulations come into force, but to change the regulatory regime under which they are administered. The existing regulations would have the same intent but would be administered under the Canada National Parks Act. The Regulations would also clearly define those who would be eligible to obtain a permit and ensure the management and control of the activity by Parks Canada. Orders in Council of Repeal In 1981, an Order in Council designated Gros Morne as a Forest Experimental Area. The purpose of the Order in Council was to enable the Forestry Development and Research Act (now the Forestry Act) to apply in Gros Morne. The Gros Morne Forestry Timber Regulations were concurrently made to provide management and control mechanisms for the harvesting of timber in the Gros Morne Forest Experimental Area. Before Gros Morne is given formal national park of Canada status, it would be necessary to concurrently repeal the existing Gros Morne Forestry Timber Regulations and the Order in Council that designates Gros Morne as a Forest Experimental Area. The Orders in Council of repeal would be recommended by the Minister of Natural Resources. Regulation of Fishing The National Parks of Canada Fishing Regulations are made under the authority of the Canada National Parks Act. The Regulations provide for the management and control of fishing, the issue of fishing permits, catch and possession limits and restrictions on the type of equipment used for fishing in Canada's national parks. The Regulations would be amended so that they apply in Gros Morne National Park of Canada. Currently, fishing in Gros Morne National Park of Canada is jointly managed and controlled under the Wild Life Act and the federal Fisheries Act. This legislation is used to cover such matters as licensing, the issuing of salmon licences and the closing of waters to fishing. Once Gros Morne is given formal national park of Canada status, these matters would be covered under the same regulations that govern fishing in the other national parks of Canada. The management of fishing in Gros Morne is supported by scientific aquatic studies for the purpose of protecting fish populations in the Park's waters. In the case of salmon fishing, the provisions of the Newfoundland and Labrador Wild Life Act and the federal Fisheries Act will be integrated within the regulatory framework to be applied in Gros Morne. Any person who fishes for salmon in Gros Morne would be required to have a provincial salmon licence and at least one unused salmon tag from the Province before being issued a national park salmon licence in Gros Morne. This ensures that the provisions of the National Parks of Canada Fishing Regulations are consistent with the provincial regulatory framework. For all other species of fish, anglers would be required to hold a national park fishing permit under the Regulations before fishing in Gros Morne National Park of Canada. Provisions respecting open seasons and catch and possession limits would also be included. Coming Into Force of Gros Morne National Park of Canada The regulatory initiatives mentioned above would allow for the continuation of traditional renewable resource harvesting by eligible local residents in the vicinity of the park area. Once this is done an Order in Council would bring the description of Gros Morne National Park of Canada in Part 10 of Schedule 1 of the Act into force. Alternatives Maintaining the status quo was not considered, as Parks Canada is fulfilling its commitment in the 1973 Federal-Provincial Agreement by bringing Gros Morne National Park of Canada under the authority of the Canada National Parks Act. The authority in the Act to allow for traditional renewable resource harvesting in the Park was introduced so that eligible local residents of certain communities in the park area could be authorized to continue these activities in Gros Morne National Park of Canada. This measure is also consistent with the 1994 Parks Canada Guiding Principles and Operational Policies, which stipulate that the pursuit of traditional harvesting activities by local populations may be established for a determined period of time and that these activities must be controlled by regulation. As a result of Gros Morne acquiring national park of Canada status, the management and control of fishing in the Park would be covered under the same regulations that govern fishing in the other national parks of Canada. Therefore, maintaining the status quo or any other alternatives were not considered acceptable. Benefits and Costs These initiatives would have no significant impact on local residents who have traditionally snared snowshoe hare or harvested timber in the park area for their personal domestic needs. When Gros Morne is given national park of Canada status and comes under the protection of the Canada National Parks Act, the overall protection of the natural resources within the Park would be enhanced. The initiative of regulating traditional renewable resource harvesting activities in Gros Morne National Park of Canada would result in no additional costs for the Park, as the new regulations parallel the regulatory framework under existing legislation administered by Parks Canada staff at Gros Morne. The amendments to the National Park of Canada Fishing Regulations are required to manage and control fishing in Gros Morne National Park of Canada in a way that ensures that the fish stocks are properly maintained. As sport fishing is a popular activity in the Park, effective regulatory measures are required so that this recreational activity can continue in the future. The initiative of adding Gros Morne to the National Parks of Canada Fishing Regulations would result in minimal operational costs associated with the issuance of permits, which would be absorbed within the Parks's current operational budget. Implementation of the new provisions of the Regulations will be controlled through current educational and compliance programs and through monitoring and patrolling by park staff of areas frequented by people fishing. Consultation Regulation of Traditional Renewable Resource Harvesting Activities Consultations on these initiatives have continuously taken place with local residents and the Government of Newfoundland and Labrador as implementation of all of the terms of the 1973 Federal-Provincial Agreement for the establishment of Gros Morne National Park of Canada were fulfilled over the years. In the past year, Parks Canada concluded a series of public consultations on the Gros Morne Management Plan, which included a description of the proposed regulatory controls for the management of the snaring of snowshoe hare and the harvesting of timber in the Park. Open-house sessions were held in local communities, as well as in other selected locations throughout the Province. Stakeholders, including local residents, municipal and provincial government officials, business owners and conservation interests were given the opportunity to review the information and provide feedback on the elements of the park management plan, including those relating to the regulation of snaring of snowshoe hare and the harvesting of timber in the Park. As a result of these consultations, there were no objections and stakeholders were in full support of the regulatory initiatives. Orders in Council of Repeal The Department of Natural Resources is responsible for the repeal of the current Gros Morne Forestry Timber Regulations and the Order in Council that designates Gros Morne as a Forest Experimental Area. Departmental officials are aware of the intent of these initiatives and have agreed to advance the Orders in Council of repeal that would enable the application of the Gros Morne National Park of Canada Timber Regulations. Regulation of Fishing Information on the regulatory initiatives respecting fishing in Gros Morne National Park of Canada was sent out to local residents, and open-house consultations were held in communities surrounding the Gros Morne area, in winter 2004. Stakeholders included various local interest groups and individuals representing the business community and conservation and tourism organizations. Comments of support were received from the public and no objections to the regulatory initiatives were expressed. Documentation describing the regulatory changes was also distributed to angling associations in the Gros Morne area, local officials of the Department of Fisheries and Oceans and provincial bodies, such as the Department of Tourism, Culture and Recreation. None of these groups submitted any representations on the proposed amendments. Consultations have also taken place with the Department of Fisheries and Oceans at the national level, as there would be a shift in regulatory jurisdiction from the Fisheries Act to the Canada National Parks Act. That department supports the initiative provided the provisions of the Fisheries Act, that currently control salmon fishing throughout the Province of Newfoundland and Labrador, are consistent with the regulatory framework to be applied in Gros Morne National Park of Canada. Conclusion Further consultations have taken place to inform stakeholders of the progress being made to bring Gros Morne under the protection of the Canada National Parks Act. To this end, Parks Canada has recently provided a fact sheet and letters of intent to local community residents who would be affected by the initiative. The local Member of Parliament, the provincial ministers of Environment and Tourism, and regional members of the House of Assembly have also been apprised of these statutory and regulatory initiatives and have expressed no concerns. Parks Canada has also responded to all requests for information on these initiatives from the local media and the public in general. As the main purpose of these initiatives is to ensure the continuation of traditional renewable resource harvesting activities by residents of the communities in the vicinity of the Park, the outcome of the consultation programs respecting the Gros Morne National Park of Canada Snowshoe Hare Regulations and the Gros Morne National Park of Canada Timber Regulations have essentially been favourable. The Regulations were pre-published in the Canada Gazette, Part I, on March 26, 2005, and no comments were received from the public. Compliance and Enforcement Snaring snowshoe hare, harvesting timber and fishing in Gros Morne National Park of Canada would be denied to those who have not obtained the appropriate authorization under the applicable regulations. Compliance and enforcement would take place through regular patrols by park staff and other law enforcement officers. If compliance with the regulations does not take place, a charge could be laid for which a fine of up to $2,000 on summary conviction, and up to $5,000 on indictment, could be imposed under the Canada National Parks Act. Contact Delana Perrier Project Manager Regulatory Development Legislation and Policy Branch National Parks Directorate 25 Eddy Street, 4th Floor Gatineau, Quebec K1A 0M5 Telephone: (819) 994-2698 FAX: (819) 997-0835 Footnote a S.C. 1989, c. 27, s. 18 Footnote b S.C. 1989, c. 27, s. 14 Footnote 1 SOR/82-288