Eleven Coast Salish Nations – including all of the W̱SÁNEĆ communities – are working together to determine whether implementation of a National Marine Conservation Area Reserve (NMCAR) – a zoning-based land management tool – will support ongoing efforts to reclaim traditional roles, responsibilities, and authority in the traditional territories of ṮELEṮÁĆES (the Southern Gulf Islands).

Decision makers from each Nation, Parks Canada, and British Columbia (BC) are currently completing research to determine whether an NMCAR will be a helpful tool.

So, how did these eleven Nations come together? Who else is involved? What is an NMCAR? What are some of the benefits and concerns with this tool? And how is work progressing to determine whether an NMCAR is a good idea? This blog will explore each of these questions in turn.

ȾEL¸IȽĆ (Cordova Bay) and BOḰEĆ (James Island Bluffs) from PKOLS

History of NMCAR Discussions and Who is Involved

The current NMCAR assessment arises against the backdrop of multiple decades of inadequate consultation between the colonial government and W̱SÁNEĆ, beginning with the federal government’s failure to properly consult or seek consent from the Nations before creating the Gulf Islands National Park Reserve (GINPR) in 2003. 

Eight years after the unilateral creation of the GINPR, the Crown publicly proposed an area for an NMCAR, again without adequate consultation. Affected Nations attempted to advocate with the Crown on an individual basis but had limited success.

For that reason, the eleven affected Nations – Tsartlip, Tseycum, Tsawout, Pauquachin, Malahat, Cowichan, Stz’uminus, Lyackson, Halalt, Snuneymuxw, and the Penelakut – came together to sign the IEȽȻIȽTEL Accord, which unifies the Nations in efforts to prevent further violations. The parties signed the accord in 2019 after a year of discussions. More information about that historic Accord is available here.  

The IEȽȻIȽTEL Accord led to the creation of the Indigenous Management Board (IMB), an advisory body made up of delegates and technicians from each Nation who signed the Accord. The purpose of the IMB is to help the represented Nations work with one heart and one mind to take back their roles, responsibilities, and authorities over traditional lands and waters. By working together, IMB Nations gain a stronger voice when dealing with the Crown.

While the strength of the IMB arises from its collective nature, this strength does not come at the expense of each Nation’s individual autonomy. Instead, the IMB functions by providing collective advice to all IMB Chiefs and Councils, which each Nation can then rely on to make an individual decision.

The IMB is currently working with Parks Canada and BC to determine whether to recommend the establishment of an NMCAR in the waters around the Southern Gulf Islands (“the NMCAR proposal”). This work includes looking at what benefits an NMCAR could provide to the Nations, assessing whether there are any risks involved, and agreeing on the potential location for an NMCAR.

What is an NMCAR? 

At a basic level, an NMCAR is a tool that uses zoning to determine where specific western-style activities can and cannot take place. Zoning decisions are made by a designated NMCAR governance body.

If the proposed NMCAR is established, the governance body would make decisions by consensus and would include representatives from each of the eleven IMB Nations, Parks Canada, and BC. Representatives from the Department of Fisheries and Transport Canada would likely also be invited to the table when required. 

The most important role of the shared governance body would be drafting a co-management plan for the NMCAR area, which includes assigning zones to smaller areas within the NMCAR. There are four types of zones. Each identifies what types of activities can or cannot be carried out in that zone. The four zone types include: 1) Zone 1, as known as the Restricted Access Zone; 2) Zone 2, also known as the General Protection Zone; 3) Zone 3, also known as the Multiple Use with Habitat Protection Zone; and 4) Zone 4, also known as the Multiple Use Zone.

Activities Allowed and Disallowed in All Zones

Regardless of which zone is assigned, First Nations are entitled to continue traditional uses throughout the whole NMCAR area. Additionally, First Nations rights and interests (including Treaty rights and/or title claims) appear to be protected and preserved by the NMCAR legislation. Legal advice is being sought to confirm this apparent protection and to explore whether there could be any unintended consequences for the Nations in agreeing to establish an NMCAR. Activities disallowed throughout the entire NMCAR, regardless of assigned zone, include:

•       Seabed mining
•       Oil and gas exploration and extraction
•       Bottom trawling 
•       Ocean dumping 

Additionally, the establishment of an NMCAR may limit the potential for harmful major infrastructure to be built within the NMCAR in the future. While existing infrastructure would not be impacted, it is likely that new applications for log storage handling sites, effluent outflows, and other pollution sources would be considered incompatible. 

Zone 1: Restricted Access Zones

Restricted Access Zones only allow access by First Nations for traditional uses – including hunting and fishing – and for scientific activities. As such, these zones provide the strongest protection for specific habitats and species.

The purpose of these zones is to protect small sites of the highest cultural and ecological sensitivity and value.

These zones generally make up the smallest portion of an NMCAR.

If the proposed NMCAR moves forward, these zones could better protect sensitive areas such as sacred islets.

Zone 2: General Protection or “No Take” Zones

General Protection Zones, sometimes referred to as “No Take” Zones, prohibit “extractive” uses such as recreational or commercial fishing while allowing non-extractive activities such as shipping, recreational boating, and scuba diving. All activities allowed in Restricted Access Zones are also allowed in these zones. First Nations’ traditional uses – including hunting and fishing – are not impacted.

The purpose of these zones is to provide important protection for ecologically and culturally valuable species and ecosystems without fully restricting access. Both traditional knowledge and scientific studies show that establishing “No Take” Zones can help ecosystems and species recover.

These zones generally make up a significant portion of an NMCAR. 

If the proposed NMCAR moves forward, these zones would be used to support the recovery of specific species and ecosystems. For example, these zones could be used to protect breeding habitats.

Zone 3: Multiple Use with Habitat Protection Zones

Multiple Use with Habitat Protection Zones allow western-style commercial and recreational fishing and hunting activities, but only when they align with the protection objectives established by the governance body. These zones also allow all activities allowed in Restricted Access and General Protection Zones – including First Nations traditional uses.

The purpose of these zones is to provide flexibility in managing different marine activities using a place-based approach without restricting non-extractive uses and economic fishing opportunities. 

The use of these zones in NMCARs can vary widely depending on the objectives of the governance body.

If the proposed NMCAR moves forward, the representatives of the governance body will rely on both traditional knowledge and scientific information about marine practices to determine which activities to allow in these zones.

Zone 4: Multiple Use Zones

Multiple Use Zones are the least restrictive zones. Current commercial and recreational fishing and hunting would continue to be fully allowed in these zones (subject to other existing laws and regulations). The only additional protections provided in this zone are the general exclusion of sea bed mining, oil and gas exploration and extraction, bottom trawling, and ocean dumping.

The purpose of these zones is to provide a safe buffer around zones with more protection.

Generally, Multiple Use Zones are used plentifully in NMCARs.

If the proposed NMCAR moves forward, these zones would also likely cover a large portion of the NMCAR area.

Summary of NMCAR Zones

A Shared Governance Body would create a share-management plan and decide on zoning for different areas within the NMCAR by consensus.

Example of NMCAR Zoning: Gwaii Haanas

An example of how zoning is used in an NMCAR can be seen in the Gwaii Haanas Land-Sea-People Management Plan. There, the shared governance body decided to use only three zone types: Restricted Access Zones, “No Take” Zones, and Multiple Use Zones. More information about the Gwaii Haanas Plan is available in this blog post.

NMCAR Benefits and Concerns

While establishing an NMCAR could benefit the IMB Nations in some ways, it is not a complete or immediate solution to many of the ongoing harms and violations of rights caused by the colonial government. 

Concerns with the NMCAR

Currently, the main concern surrounding the establishment of an NMCAR is that it does not go far enough to address some of the most pressing issues facing IMB Nations.

For example, an NMCAR wouldn’t result in significant restoration work on its own. Its effectiveness in supporting species and habitat recovery within the different zones depends heavily on 1) if and how zone-based restrictions are enforced; and 2) whether restriction enforcement is done in a way that is respectful of First Nations users and protective of traditional use rights.  

Similarly, there is concern that an NMCAR will not provide for the IMB Nations to govern many of the most concerning activities. This is because many of the most harmful commercial activities – like shipping, anchorages, and fisheries licensing – and key pollution sources – like effluent outflows, ports and ferry terminals, marinas, and log handling sites – are considered “incompatible” with an NMCAR and thus would not be included within the NMCAR area. However, this “incompatibility” would also likely mean that applications to establish new pollution sources in the future would be declined.

Benefits of the NMCAR

Despite these concerns, there may be some merit in continuing to pursue the NMCAR as part of a broader ocean governance strategy. The primary benefit of moving forward with an NMCAR is that it can “draw a line in the sand” by preventing the Crown from engaging in oil and gas extraction, seabed mining, bottom trawling, and ocean dumping within the NMCAR area, and by limiting the Crown’s ability to create new pollution sources.

This “line in the sand” eliminates one source of concern for the IMB Nations and frees up resources for the Nations to focus on other solutions to addressing existing pollution and upholding traditional rights outside the NMCAR area.

How is Work Progressing to Assess the NMCAR Proposal?

In 2022, IMB Nations, Parks Canada, and BC began assessing whether establishing an NMCAR in the waters around the Southern Gulf Islands is feasible and desirable. Since then, the parties have been working to determine whether a location for an NMCAR can be agreed upon, to assess what environmental funding and other benefits an NMCAR could bring, to ensure establishing an NMCAR would not pose any legal or practical risks for First Nations’ rights and Title, and to explore what other tools might support the Nations’ interest in addition to, or in place of, an NMCAR.

Each IMB Nation is also engaging with their community members to raise awareness and seek input on the proposed NMCAR. Additionally, the IMB hosts annualmulti-Nation visioning and information sessions to bring community members together across Nations. During these meetings, attendees work together to create a shared vision for the land and discuss whether the proposed NMCAR could support that vision. W̱SÁNEĆ Leadership Council (WLC) supports these events by facilitating the attendance of W̱SÁNEĆ community members.

WLC also helped reach W̱SÁNEĆ by hosting three community information sessions specifically for W̱SÁNEĆ. These sessions took place on the Tsawout, Tsartlip and Tseycum reserves. Recordings from each session can be found on W̱SÁNEĆ’s Members’ Only Portal. Additionally, WLC made sure to set up an NMCAR informational booth at all WLC Open House events and at several W̱SÁNEĆ Marine and Land Use Planning sessions.

Finally, both WLC and the IMB are leveraging multimedia approaches to ensure the entire community stays in the loop. WLC is currently working on podcast episodes about the NMCAR proposal, and the IMB is about to release a short film about its origin and purpose.

The IMB will utilize the feedback received from the community through the many engagement opportunities to inform advice to leadership on the feasibility and desirability of the NMCAR for W̱SÁNEĆ.

Stay Involved

To stay up to date on the NMCAR proposal, upcoming opportunities for community input, and other ways WLC is working to further the interests of W̱SÁNEĆ, be sure to subscribe to WLC’s newsletter and stay tuned for new episodes of WLC’s podcast: W̱SÁNEĆ SQTO.