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 that have access by public roads or suitable navigable waterways; Staff Report: Development Application for Zoning Bylaw Amendment Tlowitsis First Nation – Chatham Channel, Electoral Area ‘A’ (2021-ZBA-01) Page 7

d) ensure that new uses and developments are compatible with existing adjacent uses and developments and do not drastically hinder the opportunities of each to grow and evolve in response to changing economic conditions; and, e) be guided by policies of provincial planning documents such as the North Vancouver Island Marine Plan.

North Vancouver Island Marine Plan (NVIMP)

While the subject proposal will be assessed in the context of the NVIMP by the Province as part of its processing of the Pacific Marine Finfish Aquaculture New Site Application associated with it, a review of the NVIMP is being provided here as part of the RDMW’s decision-making process associated with the proposed zoning bylaw amendment.

The NVIMP is a Provincial planning document whose purpose is to provide spatial and nonspatial recommendations for achieving ecosystem-based marine management that maintains social and cultural wellbeing and economic development based on healthy ecosystems over the long term. The NVIMP includes recommendations for developing and maintaining resilient marine ecosystems and sustainable economies. It focuses on providing direction for managing marine areas, uses and activities.

The subject property is situated in the Johnstone Strait Ecosection of the North Vancouver Island Marine Plan Area as shown on Figure 4, and is included in the Special Management Zone (SMZ) as shown on Figure 7. The management intent for the SMZ is ecosystem-based management of potentially compatible and co-existing uses, activities, values and interests. SMZ areas are assigned a management emphasis that is intended to strengthen, encourage and/or maintain opportunities for important existing values, uses or activities associated with local communities, First Nations and marine economic sectors related to the area emphasis. Figure 8 shows that the subject property is included in SMZ Cultural / Economic Emphasis Area 23 which has a high value to First Nations, on a seasonal and year-round basis, for cultural value protection, Aboriginal economic development opportunities, and food security. This includes continued First Nations marine resource use and access to cultural resources, including those for spiritual, social, food and marine plant fibre harvest, educational and ceremonial purposes. Uses and activities in SMZ Cultural/Economic Emphasis Areas should strengthen, encourage and/or maintain First Nations cultural resources and economic opportunities. Off-bottom finfish aquaculture is identified as a conditionally acceptable use in SMZ Cultural / Economic Emphasis Area 23. Uses and activities are considered to be conditionally ‘acceptable’ subject to all applicable laws, policies and relevant agreements and provided they are consistent with (adhere to) the identified NVIMP conditions which in this case, include: 1) the proposal addresses the interests of the First Nation(s) in whose territory the application is proposed; 2) ensures that the site location is outside the provincial Discovery Islands net-pen salmon aquaculture moratorium; and, 3) a distance of at least 50 meters between aquaculture sites and aquaculture tenures and shellfish beaches is maintained.

RDMW Zoning Bylaw No. 21, 1972

The marine based subject property is included in the Marine Zone (MAR-1) in accordance with RDMW Zoning Bylaw No. 21. This zoning category restricts uses in the marine areas to which it applies. Any uses which existed in the Marine Zone (MAR-1) as of June 20, 2017 which are not permitted are deemed to be nonconforming and can continue as per the provisions of the Local Government Act. The Applicant is requesting consideration of a bylaw that if adopted by the RDMW Board of Directors, would have the effect of changing the applicable zoning category to one that would permit finfish aquaculture and related accessory uses. As RDMW Zoning Bylaw No. 21 does not include such a zoning category, staff prepared a new proposed Marine Aquaculture Zone (MAQ-1) that has been included in proposed Staff Report: Development Application for Zoning Bylaw Amendment Tlowitsis First Nation – Chatham Channel, Electoral Area ‘A’ (2021-ZBA-01) Page 8

Bylaw No. 996 attached to this report. Bylaw No. 996 has the effect of amending RDMW Zoning Bylaw No. 21 to:

1) Add a definition for Marine Aquaculture;

2) Add a new zoning category, Marine Aquaculture Zone (MAQ-1) that permits marine aquaculture uses and include provisions related to marine aquaculture operations; and,

3) Change the applicable zoning category from the Marine Zone (MAR-1) to the Marine Aquaculture Zone (MAQ-1) with respect to the subject property.

OTHER CONSIDERATIONS

Considerations related to the request to rezone the subject property to allow finfish aquaculture include:

Access / Marine Navigation: The subject property is not served by a public road and would be accessed by marine vessels in a similar manner that other remote aquaculture operations are. The subject property is located in Chatham Channel which provides access to Knight Inlet to the north and Johnstone Strait to the south to pints beyond.

Marine navigation considerations will be assessed by Transport Canada as part of the Government of Canada’s review of the Pacific Marine Finfish Aquaculture New Site Application. It is noted that the subject property is located about 1 kilometer east of the public dock facility on the east side of Minstrel Island. Establishment of a finfish aquaculture site may be at least a temporary disruption to historical travel flow through Chatham Channel

Economic: The applicant has provided information related to economic benefits that are anticipated to be realized through its partnership arrangement with Grieg Seafood BC Ltd. and the establishment of the proposed finfish aquaculture operation as follows:

• A total of 19 employees will be employed directly. This includes technicians and managers, net wash and workboat crews. Indirectly, 8 employees will perform roles related to activities that deal with fish health, veterinary and operational and environmental management. This equates to 27 full- time, year-round jobs.

• North Island contractors will serve the farm’s operations including diving services, trades (mechanical, plumbing, electrical), harvest transport, fuel delivery, crane & barge services, water taxi, environmental reporting, underwater video services.

• Profits made from harvesting salmon at this facility will help increase Grieg Seafood BC Ltd.’s capacity to give back to North Island communities in the form of cash contributions and fish donations to events, teams and organizations.

• This proposal will generate economic returns to the Tlowitsis Nation that will be used in the development of its new community of Nenagwas.

Electrical Service: Given the remote location of the subject property, the proposed aquaculture facility will utilize alternative forms of electrical power generation.

Environment: The licensing process associated with the establishment of a finfish aquaculture operation includes a variety of upper tier government requirements related to the environment. These requirements also include the need to monitor and address environmental conditions over the life of the operations. The federal and provincial agencies responsible for the regulatory oversight of the British Staff Report: Development Application for Zoning Bylaw Amendment Tlowitsis First Nation – Chatham Channel, Electoral Area ‘A’ (2021-ZBA-01) Page 9

Columbia aquaculture industry are Fisheries and Oceans Canada and the Ministry of Forests, Lands, Natural Resources and Rural Development respectively. The application process focuses on the protection of fish and fish habitat which requires submission of the following assessments:

• Baseline Fish and Fish Habitat Survey of the marine environment;

• Chatham Channel Stream Inventory (survey to identify fish bearing streams); and

• DEPOMOD Modelling Report to model benthic impacts from the proposed cage array)

The Tlowitsis Nation and Grieg Seafood have worked in partnership to supply this information through the harmonized application process associated with their joint Pacific Marine Finfish Aquaculture New Site Application. In this regard, all three reports were completed by Lance Stewardson, R.P. Bio of Mainstream Biological Consulting.

Other environmental information submitted to DFO as part of this proposal includes a production and inventory plan, a fish health management plan, an escape prevention and response plan, a marine mammal interaction plan and background benthic sampling data.

If a licence is issued Grieg Seafood BC Ltd., it will be required to comply with the conditions associated with the licence to ensure the protection of fish and fish habitat.

Fire Protection: The subject property is not located in a developed area of the RDMW for which a service area has been established for fire protection purposes, and there are no plans to provide such a service in a more remote location such as this, far removed from other service areas. Fire suppression equipment / activities would have to be undertaken as part of the proposed aquaculture facility / operation.

Garbage / Recycling Collection and Disposal: The subject property is not located in a developed area of the RDMW for which a service area has been established for garbage collection purposes. There are no plans to provide such a service to a more remote location such as this and the facility operator is thereby responsible for collecting and transporting solid waste and recyclable materials to approved facilities, as is typical with finfish aquaculture operations.

Location and Land Use: The applicant contends that the subject property is ideal for the location of the proposed finfish aquaculture facility as it:

• Is in close proximity to the three Grieg Seafood BC Ltd. finfish aquaculture sites located in Clio Channel which will allow for area-based aquaculture management. This form of management is endorsed by Fisheries and Oceans Canada and consists of a cluster of a minimum of four aquaculture sites that are operated in conjunction with one another such that not all sites are in production at the same time. Information provided by Fisheries and Oceans Canada indicates that area-based management will enhance collaboration between federal, provincial and Indigenous partners, and improves information sharing, collective planning and ongoing monitoring and management of aquaculture activities. It is designed to ensure that the unique environmental, social and economic characteristics of coastal and marine areas are understood when decisions are made regarding the placement and operation of aquaculture facilities. The benefits of this approach include healthier farmed salmon, a reduced risk of environmental impacts and reduced contact with wild salmon.

• Is in area that is well-flushed, would have minimal impact on other fisheries (prawn and shrimp), and is outside of major salmon corridors.

Staff Report: Development Application for Zoning Bylaw Amendment Tlowitsis First Nation – Chatham Channel, Electoral Area ‘A’ (2021-ZBA-01) Page 10

• The nearest residential dwellings are clustered on the south side of Minstrel Island, adjacent to the water passage named “The Blow Hole”.

While the location of the proposed finfish aquaculture operation may be substantiated as part of the licensing process from a technical perspective, other local land use considerations are a factor as well. In this regard, use of Chatham Channel by marine vessels and the impact of the proposal needs to be assessed. This has been discussed under “Access/Marine Navigation” above, and will be reviewed by Transport Canada as part of its assessment of the proposal. In addition, Minstrel Island consists of 21 private properties of which approximately 12 would have views to the east across Chatham Channel to the vacant, forested Crown lands beyond. Development of an aquaculture facility on the subject property would change this situation which may be less desirable for some those property owners. Most of these properties remain undeveloped at present.

Sewage Collection and Disposal: As is typical with finfish aquaculture operations, an onsite sewage collection, treatment and disposal system will be utilized as part of the proposed operation. Sewage and grey water will be pumped to a minimum 48-hour retention tank for treatment prior to discharge via a vertical outfall attached to the living quarters that terminates at a minimum of 15 meters below the water surface.

Water Supply: As is typical with finfish aquaculture operations, potable water for human consumption will be transported to the proposed facility by boat. Ocean water can be utilized for activities that do not require fresh / non-potable water.

CONSULTATION / PUBLIC PARTICIPATION

Given the subject property is in an area in which affects the traditional territory interests of multiple First Nations, staff undertook to refer the Development Application and supporting information, as well as a draft of proposed Bylaw No. 996, to the Kwakiutl First Nation, Mamalilikulla First Nation and the Nanwakolas Council for review and input. Given the subject property is comprised of Crown land, staff also undertook to refer the matter to the Province as well. Staff has requested that input be provided by August 6, 2021.

Section 464 of 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. Given that the public hearing would be conducted during the evening hours, staff are recommending that the public hearing be delegated to a public hearing committee in accordance with section 469 of the Local Government Act, and as such, the Board of Directors appoint Chair Andrew Hory, Director Sandra Daniels and Manager of Planning & Development Services Jeff Long, in the respective capacities as chair, vice chair and secretary to conduct the public hearing.

Notification to property owners would also be required to be provided as per RDMW Planning and Development Procedures and Fees Bylaw No. 916 and staff are proposing to extend the notification area to two kilometres from the subject property given the rural nature of the proposal.

SUMMARY AND RECOMMENDATION

A new finfish aquaculture operation / facility is proposed to be established on an 85.6 hectare marine site in Chatham Channel, just east of Minstrel Island. This operation is proposed as part of a partnership arrangement between the Tlowitsis Nation, a First Nation with traditional territory interests in this area, and Grieg Seafood BC Ltd., an aquaculture company with established long-term operations in the area.

Staff Report: Development Application for Zoning Bylaw Amendment Tlowitsis First Nation – Chatham Channel, Electoral Area ‘A’ (2021-ZBA-01) Page 11

Economic, environmental and land use considerations are given high priority and are specifically recognized as such in the applicable policy plans, namely the RDMW’s Regional Plan and the Provincial North Vancouver Island Marine Plan. These considerations apply to the contemplation of development proposals including aquaculture operations.

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 supports aquaculture operations that propose responsible management practices, and meet all relevant policies, laws and regulations. It also supports 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.

The North Vancouver Island Marine Plan is a Provincial planning document that includes recommendations for developing and maintaining resilient marine ecosystems and sustainable economies. It focuses on providing direction for managing marine areas, uses and activities. The NVIMP designates the subject property as a Special Management Zone Cultural / Economic Emphasis Area 23 in which uses and activities should strengthen, encourage and/or maintain First Nations cultural resources and economic opportunities. Off-bottom finfish aquaculture is identified as a conditionally acceptable use in SMZ Cultural / Economic Emphasis Area 23. Uses and activities are considered to be conditionally ‘acceptable’ subject to all applicable laws, policies and relevant agreements and provided they are consistent with (adhere to) the identified NVIMP conditions which in this case, include: 1) the proposal addresses the interests of the First Nation(s) in whose territory the application is proposed; 2) ensures that the site location is outside the provincial Discovery Islands net- pen salmon aquaculture moratorium; and, 3) a distance of at least 50 meters between aquaculture sites and aquaculture tenures and shellfish beaches is maintained.

From an economic perspective, the proposed finfish aquaculture operation is anticipated to provide direct economic benefits to the two organizations that have entered into a partnership as part of this proposal. The Tlowitsis Nation, an Indigenous community with traditional territory in the RDMW, and Grieg Seafood BC Ltd., an aquaculture company that operates other aquaculture facilities in the RDMW. There will be spinoff economic benefits for service providers that cater to the aquaculture industry, but what portion of these economic benefits will be directly locally within the RDMW is unknown.

Environment and ecological considerations must be addressed as part of the licensing process associated with this proposal. While some may take the position that finfish aquaculture is detrimental to wild fish stocks and this debate has been ongoing for many years, aquaculture is deemed by the upper tier federal and provincial governments to be an acceptable permitted activity provided it satisfies stringent criteria as part of the approval process. This approach is supported by both the Regional Plan and the North Vancouver Island Marine Plan.

The use of Chatham Channel as a navigable waterway for marine traffic will be assessed by Transport Canada as part of the Federal Government’s consideration of the proposal. While views currently enjoyed from private properties on Minstrel Island and by marine traffic navigating the Chatham Channel would be affected by the presence of a new aquaculture facility, it is noted that facilities of this nature are a part of the RDMW’s rural sea and landscapes and form a part of the local economy.

There are a variety of servicing considerations that relate to a proposal of this nature. Given the remote locations of finfish aquaculture operations in general, these operations need to be self-sufficient and Staff Report: Development Application for Zoning Bylaw Amendment Tlowitsis First Nation – Chatham Channel, Electoral Area ‘A’ (2021-ZBA-01) Page 12

cannot rely on access to public services or utilities. Companies operating these types of facilities have adapted and integrated modern technologies to address servicing issues.

This application and supporting information has been provided to other local First Nations who may have traditional territory interests associated with the area in which the subject property is located. These include the Kwakiutl First Nation, Mamalilikulla First Nation and the Nanwakolas Council. Staff has asked for input of these communities by August 6, 2021 such that the RDMW can consider the input it receives as part of its decision-making process related to the requested zone change. In addition to the inclusion of newspaper advertisements in local newspapers with respect to the required public hearing, staff would also provide written notices to those property owners within two kilometers of the subject property in an effort to garner any input they may have.

In response to this Development Application, staff has prepared Regional District of Mount Waddington Zoning Bylaw No. 21, Amendment Bylaw No. 996, 2021 which is attached to this report (pages 13 to 15). It has the effect of: 1) adding a definition for Marine Aquaculture; 2) adding a new zoning category, Marine Aquaculture Zone (MAQ-1), that permits marine aquaculture uses and includes provisions related to marine aquaculture operations; and, 3) changes the applicable zoning category from the Marine Zone (MAR-1) to the Marine Aquaculture Zone (MAQ-1) with respect to a marine area comprised of 85.6 hectares and located on the west side of Chatham Channel adjacent to the mainland, for the purpose of accommodating a finfish aquaculture operation.

With respect to this Development Application, staff recommends that the Regional Planning Committee adopt the following recommendation for consideration by the RDMW Board of Directors:

THAT the Board of Directors gives first reading to Regional District of Mount Waddington Zoning Bylaw No. 21, Amendment Bylaw No. 996, 2021 which proposes to amend RDMW Zoning Bylaw No. 21, 1972 to:

1) Add a definition for Marine Aquaculture;

2) Add a new zoning category, Marine Aquaculture Zone (MAQ-1), that permits marine aquaculture uses and includes provisions related to marine aquaculture operations; and,

3) Change the applicable zoning category from the Marine Zone (MAR-1) to the Marine Aquaculture Zone (MAQ-1) with respect to a marine area comprised of 85.6 hectares and located on the west side of Chatham Channel adjacent to the mainland for the purpose of accommodating a finfish aquaculture operation.

AND FURTHER THAT in accordance with section 469 of the Local Government Act, the Board of Directors delegates the conduct of the public hearing with respect to Regional District of Mount Waddington Zoning Bylaw No. 21, Amendment Bylaw No. 996, 2021, to a Public Hearing Committee to be comprised of Chair Andrew Hory, Director Sandra Daniels and Manager of Planning & Development Services Jeff Long, in the respective capacities as chair, vice chair and secretary.

AND FURTHER THAT the Board of Directors directs staff to undertake preparations for advertising and conducting a public hearing with respect to Regional District of Mount Waddington Zoning Bylaw No. 21, Amendment Bylaw No. 996, 2021 in accordance with the Local Government Act and the RDMW Development Procedures Bylaw.

Respectfully submitted,

Jeff Long, Manager of Planning &Development Services Staff Report: Development Application for Zoning Bylaw Amendment Tlowitsis First Nation – Chatham Channel, Electoral Area ‘A’ (2021-ZBA-01) Page 13

Staff Report: Development Application for Zoning Bylaw Amendment Tlowitsis First Nation – Chatham Channel, Electoral Area ‘A’ (2021-ZBA-01) Page 14

Staff Report: Development Application for Zoning Bylaw Amendment Tlowitsis First Nation – Chatham Channel, Electoral Area ‘A’ (2021-ZBA-01) Page 15