Chapter 16. The Case for a Coastal Zone Management Act.

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This is a chapter extracted from ” Maintaining Natural BC for Our Children: Selected Law reform Proposals , Environmental Law Centre, University of Victoria,  November 2012

Editing, Design and Photographs: Holly Pattison, UVic Environmental Law Centre
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caseforcoastalact
The Case for a Coastal Zone Management Act
By Jamie Alley and Calvin Sandborn
The BC coast is perhaps the province’s most important single asset. Home to most of our population, it is also home to some of the most important and productive ecosystems on earth.
Today the coast faces unprecedented challenges, including:
•Increased development and loss of public access to the coastline;
•Proposals for new oil ports and marine transportation corridors;
•Threatened fish stocks; and
•The need for emergency programs to deal with earthquakes, tsunamis, and
the extreme weather, storm surges and sea level rise caused by climate
change.
Response to these challenges often falls short because the coast is governed

by a patchwork of federal, provincial and municipal agencies that largey fail to co-ordinate regulatory efforts. The province needs a Coastal Zone Management Act to secure the future of the BC coast.

It is clear that the province must not abdicate coastal protection to other levels of government. Because the province has not yet legislated a strategy and overall plan for our coast:
•The federal National Energy Board’s hearings on the Northern Gateway
Project – the most important coastal management issue to face BC in
decades – will be decided by a three person panel, none of whom are
British Columbians. Unfortunately, BC failed to plan beforehand about oil
ports and other infrastructure decisions;
•  When industrial interests objected to funding arrangements, Ottawa’s
process for developing a north coast ocean management plan faltered.
That process is now likely to ignore major issues such as oil terminals.
Although the province and First Nations are now working to create Coastal
Management Area Plans, they are doing so without a clear statutory
mandate;
• It took the Cohen Commission to remind us that the future of salmon
rests as much upon actions of BC as on Canada. Salmon are affected by
stormwater, riparian development and numerous activities under provincial
jurisdiction. Yet there has not been a co-ordinated federal/provincial
strategy to protect salmon and our coast; and
• Most coastal resources are common property with ill-defined access rights.
This has caused overuse, neglect and degradation of essential ecosystems.
This problem has not been addressed.
Coastal Jurisdiction and Ownership
Management of coastal and marine resources is an area of complex, shared
jurisdiction between all orders of government, including First Nations and
local governments. For example, Ottawa has jurisdiction over fisheries
regulation and navigation. Local governments have zoning and other powers
over local shorelines and some coastal waters.
Meanwhile, the province has broad regulatory jurisdiction over numerous
activities in the coastal zone. In addition, it has jurisdiction and ownership
over the foreshore seaward of the high tide mark and all coastal or “inland”
waters within the “jaws of the land,” including the seabed. The seabed of
the Strait of Juan de Fuca, the Strait of Georgia, Johnstone Strait and Queen
Charlotte Strait are the property of British Columbia.
As a consequence, the coastal ecosystem is regulated by a plethora of
agencies from numerous governments. This thwarts effective planning
and management – especially because of the absence of effective legislative
mechanisms to coordinate the actions of multiple agencies.
Thus, it is not surprising that management of the coastal zone has been
more problematic than terrestrial resource management. The province
needs to address this. It needs to create a legislative framework to assert

jurisdiction and ownership of coastal resources – and to coordinate with other

governments

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“Management of coastal and marine resources is an area of complex, shared jurisdiction between all orders of government, including First Nations and local governments…”
 
Models of Coastal Management Legislation
There are successful models in other jurisdictions around the world. For
example, the US Coastal Zone Management Act of 1972 empowered US
coastal states to develop some of the most progressive coastal management in
the world. Under the Act, state level coastal management programs provide
for:
•Protection of wetlands, floodplains, estuaries, beaches, dunes, barrier
islands, and fish and wildlife habitats;
•Management of coastal development to minimize the loss of life and property;
•Initiatives to improve coastal water quality;
•Siting of coastal-dependent uses and restriction of inappropriate development on the coast;
•Public access to the coasts for recreation;
•Re development of deteriorating urban waterfronts and ports, and
preservation of historic and cultural features;
•Coordination and simplification of coastal management decision making;
•Opportunities for public and local government participation; and
•Improved coordination between coastal management agencies.
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In Canada, provinces such as Nova Scotia and Newfoundland and Labrador
have developed Coastal Management Strategies that have highlighted the need
for improved governance arrangements and may lead to specific provincial
legislation. The Law Faculty at Dalhousie University is currently reviewing
integrated coastal zone management law to develop options for Coastal Zone
Management model legislation.
Potential Elements of Coastal Management Legislation for BC
Following the models in the Canadian Oceans Act and the US Coastal Zone Management Act, a coastal management act for BC could include some or all of the following provisions:
• A preamble to reaffirm BC’s commitment to the conservation and sustainable management of estuarine, coastal and marine resources;
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• Powers to enter into agreements and to delegate and accept powers from
other orders of government;
• Development of a Coastal Management Strategy;
• A legislative basis for coastal and marine spatial planning, including
regional management plans for estuarine, coastal and marine ecosystems;
• Establishment of a comprehensive network of marine protection areas within provincial waters that link with other networks of marine protection areas;
• Establishment of a voluntary local government coastal management program to protect and restore coastal ecosystems and private and public property. That has been the basis of shoreline restoration programs in US;
• Coastal and marine emergency planning and preparedness;
• Climate change adaptation strategies for issues such as e xtreme weather events, storm surges and sea level rise;
• Strategic assessment of marine transportation corridors, including decision-making processes for coastal infrastructure and port facilities;
•Programs for the revitalization of coastal communities; and
•Provisions to allow for collaboration with other levels of government and
First Nations.
A Coastal Zone Management Act would signal BC’s intent to take coastal
management seriously and fully exercise its jurisdiction and ownership. This
is preferable to leaving the future of the coast to the National Energy Board,
foreign governments like China, or to disorganization and neglect.
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Jamie Alley is former Director of the BC Oceans and Marine Fisheries Branch.
He currently teaches Integrated Coastal Zone Management at Universities in Canada and Iceland, and is Vice President (Pacific) for the Coastal Zone Canada Association.
Calvin Sandborn is the Legal Director of Environmental Law Centre.
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