REGIONAL DISTRICT OF MOUNT WADDINGTON STAFF REPORT DATE: July 14, 2021 RDMW FILE: 2021-ZBA-01 TO: Regional Planning Committee FROM: Jeff Long, Manager of Planning & Development Services RE: DEVELOPMENT APPLICATION - ZONING BYLAW AMENDMENT: TLOWITSIS FIRST NATION C/O BERNIE TAEKEMA, PROPOSED FINFISH AQUACULTURE OPERATION IN CHATHAM CHANNEL, ELECTORAL AREA ‘A’ APPLICANT: Tlowitsis First Nation C/O Bernie Taekema, Taekema Consulting Inc. (consultant) ASSESSMENT ROLL NUMBER: not applicable PARCEL IDENTIFIER NUMBER: not applicable LEGAL DESCRIPTION: Crown land covered by water being part of the bed of Chatham Channel, Coast District OFFICIAL COMMUNITY PLAN: Regional Plan Bylaw No. 890, 2015 ZONING BYLAW: Regional District of Mount Waddington Zoning Bylaw No. 21, 1972 PURPOSE The Regional District of Mount Waddington (hereafter “RDMW”) is in receipt of a Development Application submission on behalf of the Tlowitsis Nation, by its consultant and agent, Bernie Taekema (hereafter “Applicant”), to request consideration of a zoning bylaw amendment with respect to an 85.6 hectare Crown land marine site (hereafter “subject property”) located adjacent to the mainland on the west side of Chatham Channel east of Minstrel island in Electoral Area ‘A’ (see location maps on pages 3 and 4). The subject property is currently included in the Marine Zone (MAR-1) in accordance with RDMW Zoning Bylaw No. 21 and the request is to change the applicable zoning category to permit finfish aquaculture. This initiative is part of a partnership agreement that the Tlowitsis Nation has with Grieg Seafood BC Ltd. to establish and operate a finfish aquaculture facility at this location. REGULATORY JURISDICTION Part 14 - Planning and Land Use Management of the Local Government Act addresses local governments’ roles regarding zoning bylaws. Section 479 gives local governments the authority to adopt a zoning bylaw. A zoning bylaw can only be amended by bylaw. The Local Government Act stipulates that a local government must not adopt a zoning bylaw without holding a public hearing on the bylaw for the purpose of allowing the public to make representations to the local government respecting matters contained in the proposed bylaw. Staff Report: Development Application for Zoning Bylaw Amendment Tlowitsis First Nation – Chatham Channel, Electoral Area ‘A’ (2021-ZBA-01) Page 2 BACKGROUND / PROPOSAL The Applicant, Bernie Taekema of Taekema Consulting Inc., is acting as agent for the Tlowitsis Nation and Grieg Seafood BC Ltd. These organizations have entered into a partnership agreement for the purposes of implementing a proposal to establish a finfish aquaculture operation on the 85.6 hectare subject property (see location maps on pages 3 and 4) which is a Crown land Marine site located at the north end of the Chatham Channel, south of Knight Inlet and east of Minstrel Island. This partnership arrangement stipulates that the Tlowitsis Nation apply for and hold a Crown land tenure in its name as it relates to the subject property. In this regard, the Tlowitsis Nation has also applied to the RDMW to change the applicable zoning classification to allow finfish aquaculture use of the subject property. The partnership arrangement anticipates that the marine finfish aquaculture licence be issued to Grieg Seafood BC Ltd. who would directly oversee the day-to-day operations of the proposed finfish aquaculture facility. The Tlowitsis Nation and Grieg Seafood BC Ltd. have jointly submitted a Pacific Marine Finfish Aquaculture New Site Application to the Province of British Columbia and Government of Canada in an effort to obtain the necessary approvals needed to operate the proposed marine finfish aquaculture operation on the subject property. The proposed finfish aquaculture operation is illustrated on the Site Development Plan included on page 5. It consists of five circular net cages that would be used to farm up to 4,400 metric tonnes of Atlantic salmon annually. It would also include a barge used to provide worker accommodations and feed storage, a harvest and transfer pen, as well as compressor, oxygen and mortality floats. The visible portion of the facility is significantly less than the area of the subject property due to the fact that mooring lines and related infrastructure that is used to anchor the facility in place is largely located below the surface of the ocean. The facility would be operated on a production cycle basis whereby Atlantic salmon would be reared over an 18 to 20 month period followed by a fallow period where no fish are present, before the next production cycle is initiated. DESCRIPTION OF THE SUBJECT PROPERTY AND SURROUNDING AREA / LOCATION The subject property is approximately 53 kilometers east of the Town of Port McNeill. It is a marine based Crown land site located adjacent to the mainland on the east side of, and at the north end of, the Chatham Channel. It located approximately 0.5 of a kilometer from Minstrel Island to the west at its closest point at the north end. Knight Inlet is approximately 1 kilometer to the north while East Cracroft Island is located approximately 600 meters to the southwest. Land uses within 2 kilometers of the subject property include: North: undeveloped marine area (Knight Inlet) South: undeveloped marine area associated with Chatham Channel / undeveloped, forested Amyes Island (Crown land) / undeveloped, forested area of East Cracroft Island (Crown land) East: undeveloped, forested upland area (Crown land) associated with the mainland West: undeveloped, forested area of Minstrel Island (Crown land) / twenty undeveloped and developed private properties on Minstrel Island utilized for commercial and residential purposes (include bare land strata subdivision) / public dock facility at Minstrel Island Staff Report: Development Application for Zoning Bylaw Amendment Tlowitsis First Nation – Chatham Channel, Electoral Area ‘A’ (2021-ZBA-01) Page 3 REGIONAL LOCATION MAP SUBJECT SUBJECT PROPERTY NORTH Staff Report: Development Application for Zoning Bylaw Amendment Tlowitsis First Nation – Chatham Channel, Electoral Area ‘A’ (2021-ZBA-01) Page 4 LOCATION MAP NORTH Staff Report: Development Application for Zoning Bylaw Amendment Tlowitsis First Nation – Chatham Channel, Electoral Area ‘A’ (2021-ZBA-01) Page 5 SITE DEVELOPMENT PLAN Staff Report: Development Application for Zoning Bylaw Amendment Tlowitsis First Nation – Chatham Channel, Electoral Area ‘A’ (2021-ZBA-01) Page 6 Policy and Regulatory Framework Regional Plan Bylaw No. 890, 2015 The Regional Plan is an umbrella policy document which contains the RDMW’s policies on a range of topics that are used to guide the RDMW Board of Directors in its decision-making processes. The Regional Plan guides the RDMW’s review of development proposals on Crown lands and describes the roles and relationships the RDMW has and will continue to support with the public, its unincorporated communities, municipalities, First Nations, provincial and federal agencies and other organizations related to the use and management of land and water resources and community development. The vision statement and strategic policies contained in the Regional Plan indicate that the RDMW will continue to be economically oriented to resource use and extraction, with increasing emphasis in managing resources for long-term ecological, economic and social sustainability, and encourages development that supports economic stability, social well-being and over the longer term, improved economic growth, as well as the ecologically sound use of land and water and the resources which they provide / support. The Regional Plan includes polices specific to First Nations which are relevant given the subject application which relates to an economic development partnership arrangement involving the Tlowitsis Nation. These policies indicate that based on the principles of mutual respect, benefit and recognition, the RDMW will explore opportunities to harmonize regional, local and First Nations land use planning and economic development objectives. The Regional Plan also includes marine policies that relate specifically to finfish aquaculture activities and relevant policies include: The RDMW encourages viable and responsible growth within the marine sector and will: a) support community review of the establishment of finfish and shellfish aquaculture proposals, and related facilities and infrastructure, as part of the federal and provincial review processes; b) support development of aquaculture (finfish and shellfish) activities that propose responsible management practices, and meet all relevant policies, laws and regulations; c) support the development of new aquaculture technologies that improve environmental practices and lessen the impact on ocean resources; and d) assess all marine-centered development proposals regarding potential impacts on local hiring, purchasing, processing and taxation. With respect to relevant policies included in the Regional Plan that relate to the development of public lands, the RDMW indicates it will: a) support activities and locations for land and water based uses on Crown land tenures that are economically, environmentally and aesthetically appropriate, and that do not significantly detract from current or potential tourism, forestry or other resource related activities and development opportunities; b) support maintaining and protecting public services, corridors, and transportation routes; c) support creation of new land and water based tenures and use permits in locations