No Go Zones Legal?

[ziggy]

I just recently queried the Minister and DFO about the legality of closing down areas for Public navigation. It seems to me no Legislation was ever tabled and passed and as such theMinister simply issued and Interim order. Below is the legal definition of his power to do so.

Interim order — Minister of Transport

• 10.1 (1) The Minister of Transport may make an interim order that contains any provision that may be contained in a regulation made, under this Act, on the recommendation of only that Minister, if he or she believes that immediate action is required to deal with a direct or indirect risk to marine safety or to the marine environment.
  
  
• Marginal note:Cessation of effect
  
  (2) An interim order made under this section has effect from the time that it is made but ceases to have effect on the earliest of
  
  • (a) the day on which it is repealed;
    
    
  • (b) the day on which a regulation made under this Act that has the same effect as the interim order comes into force;
    
    
  • (c) one year after the interim order is made or any shorter period that may be specified in the interim order, unless the effective period is extended by the Governor in Council; and
    
    
  • (d) the day that is specified in the order of the Governor in Council, if the Governor in Council extends the effective period of the interim order.
    
    Now I don’t profess to be a lawyer but it seems to me that his closure is neither for direct or indirect risk to marine safety or marine environment. Surely it makes no sense that vessels using these areas pose a significant risk to marine safety or the environment, but only when we expect SRKW to be present. Also if they are saying these risks exist only when these whales are present, then it would seem common sense that the rule would only be in affect at that time. Clearly this is not the case as the areas are closed based on a calendar rather than sightings

 

[agentaqua]

Is it navigation or fishing the Minister is prohibiting?

 

[wildmanyeah]

Is it navigation or fishing the Minister is prohibiting?

navigation, transportation minister.

 

[High Time]

Spot on Ziggy. This is the common sense reasoning that I tried to put forward at the meeting on Pender Island in August,suggesting that the implementation of the Whale Avoidance Regulation ie "Bubble Zone " of a 1000M. throughout Area 18, combined with a update to the public when SRKW are known to be in the area, would be more that adequate to provide the necessary assistance for the whales. The whale watching fleet who monitor the whales daily could be a major collaborator in providing this info.Unfortunately my suggestion was pretty much received with a stony silence when provided. Not their agenda....

 

[ziggy]

Is it navigation or fishing the Minister is prohibiting?

Well actually both. He has a fin fish closure which covers fishing, but he also has an “Interim” order to supposedly deal with the surmised acoustic interference. I’m just curious because these folks often overstep their authority because they feel safe no one will call them on it. It’s actually pretty serious in my mind to ban navigation on a whim.

 

[High Time]

The No-Go Zone in area 18 was an additional restriction placed inside of a much larger area already closed to all salmon fishing. The No-Go zone and no fishing zones need to disappear and the Whale Avoidance Regulation expanded to cover the whole area. I don't think they actually had the authority or a least decided in a big hurry to back off in area 18 when hundred of boats, mostly American were steaming through it daily from the 1st of June until now.

 

[agentaqua]

all new territory to me - sounds like all new to everyone else too.

 

[ziggy]

navigation, transportation minister.

Took no chances and queried both Ministers. Pretty sure one was using the other.