Mr. Speaker, I will speak briefly to the NDP amendments and then at some length to Motion No. 3 which is the Alliance amendment.
Regarding Motion No. 1 which would amend clause 4, we in my party believe the amendment is redundant. The purpose of the bill is already clear. Rewording it would not make the environment any safer.
The legislation as currently written is not balanced and does not deal fairly with the concerns of resource users. If anything, the bill needs to be strengthened on the side of resource users as opposed to further environmental protection, with all due respect to the environment.
Clause 2 serves to ensure that each marine conservation area would be divided into zones which would determine their specific uses. It would ensure that at least one zone allowed and encouraged ecological sustainable use within the MCA while at least one zone fully protected the ecosystem of the conservation area.
Although we would prefer the clause to state that each MCA would have set fishing zones and confirm that fishing be allowed in all MCAs, we can live with the clause as currently written.
The NDP amendment would only serve to reduce the already slim protection afforded to resource users of any marine conservation area. It would effectively eliminate any reference to ensuring that at least one zone is created with the MCA to allow for ecologically sustainable resource use. It would instead create natural environment zones to be used as buffers.
We are not against buffer zones within MCAs. Everyone knows fish do not live in walled communities. They swim freely wherever they want. Having buffer zones between no take and limited use zones might be helpful in the long run. However it is unfortunate that the NDP chose to remove assurances of at least one zone for ecologically sustainable resource use. If that is not included we cannot support the amendment.
Regarding Motion No. 4, the third amendment in the grouping, clause 9 as currently drafted deals with the management plans of an MCA, the review of those plans by the minister, what the primary consideration should be within those plans, how the plans affect the Minister of Fisheries and Oceans and how they affect land claims agreements.
It is well explained in the bill that to protect marine ecosystems and biodiversity primary consideration when developing a management plan must be given to the principles of ecosystem management and the precautionary principle.
The primary function of MCAs is to create a representative sampling of the marine environment within Canada. In so doing the primary consideration must be biodiversity since this is the reason the site was chosen in the first place.
As mentioned, Motion No. 1 of the NDP is a redundant amendment since the current clause would ensure that maintaining biodiversity within an MCA is the standard. It would serve only to further strengthen environmental protection in a bill that is all about environmental protection.
In our opinion the bill needs to be strengthened by allowing for more use of resources within MCAs rather than expanding already strong environmental protection. We will therefore not be able to support the NDP amendment.
The Alliance Party's Motion No. 3 is a proposed amendment to clause 4 of Bill C-10. The amendment would add a subclause 4(5). As currently written the bill contains no subclause 4(5). However clause 4 deals entirely with the creation of marine conservation areas and reserves. It sets out management use directives and details specific zones within the MCA.
Our rationale for the change is that Bill C-10 does not currently mention a departmental policy of carrying out a mineral exploration review and assessment study prior to creating an MCA. We would add the following to clause 4:
(5) The Minister shall undertake a mineral exploration review and assessment study prior to establishing any marine conservation area. The results of the Minister's mineral exploration review and assessment study shall be included in the interim management plan for that proposed marine conservation area.
The minister should request a study and its findings should assist him in determining how best to locate a marine conservation area. This is still policy but we would like to see it enshrined in the legislation. We are told by departmental officials that this is done to ensure MCAs are not created within areas of great natural resource potential unless it cannot be helped.
That is our concern. We must determine the potential for development of natural resources prior to establishing a marine conservation area. Once an MCA is in place whatever potential there may be is gone. We would not be able to explore or find out if anything is there. Let us do that first. Let us make it public. Let us put it on the table.
As was pointed out in the committee to departmental officials and the government's parliamentary secretary, policy direction from a department is ever changing. No one from the natural resources sector would take solace in knowing that current policy is to do a MERA study prior to creating an MCA.
Putting in law a requirement that the minister complete a MERA study and include the findings of the study in the interim management plan for an MCA would provide assurance that the results of the MERA would be made public and not hidden away in the department forever. That is the crux of our amendment.
Furthermore, once Bill C-10 is passed by the government, parliament would never see another piece of legislation dealing with the creation of an MCA. The bill would prevent that from happening. The only input parliamentarians and senators would have in the process of creating MCAs or amending their size and scope would be through the minister tabling an interim management plan in the House of Commons and in the other house which is not mentioned here.
Ensuring the MERA study is included in the interim management plan would give elected members of parliament what is hoped would be a fuller picture of the consequences on both sides of the issue of creating an MCA.
We are looking for balance. We support the concept of MCAs. However we must also remember the socioeconomic impacts on small communities in the province of British Columbia, for example, should MCAs limit or in some way prohibit fishing, aquaculture potential or the development of offshore oil and gas.
When given all the facts elected parliamentarians representing the concerns of their ridings make sound grounded decisions. Including this small amendment in a new subclause of clause 4 would in time serve to cement the current policy process of the department of heritage. It would ensure full disclosure for parliamentarians of whether the creation of MCAs may or may not be in the best interests of the coastal areas they would likely affect.
I ask the government to consider the amendment seriously. I hope it will support it.