Prince Edward Point National Wildlife Area Management Plan: chapter 6

6 Authorized activities and prohibitions

In the interest of wildlife and their environment, human activities are minimized and controlled in National Wildlife Area (NWAs) through the implementation of the Wildlife Area Regulations. These regulations set out activities that are prohibited (subsection 3(1)) in the wildlife area and provide mechanisms for the Minister of the Environment and Climate Change to authorize certain activities to take place in NWAs that are otherwise considered prohibited. The regulations also provide the authority for the Minister to prohibit entry into NWAs.

Activities within an NWA are authorized where notices have been posted at the entrance to or along the boundaries of the NWA or when notices have been published in local newspapers. All activities in an NWA are prohibited unless a notice has been posted or published authorizing the activity to take place. However, in addition to notices, certain activities may be authorized by obtaining a permit from the Minister of the Environment and Climate Change.

The Minister has the legislative authority to permit activities in the NWA according to the following acts and regulations:

• Canada Wildlife Act (section 12 (g)) and Wildlife Area Regulations (sections 3(2), 4 and 8)
• Species at Risk Act (sections 73 and 74)

For greater certainty, nothing in this management plan shall be construed so as to abrogate or derogate from the protection provided for existing Aboriginal rights or treaty rights of the Aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

6.1 Prohibition of entry

Under the Wildlife Area Regulations, the Minister may publish a notice in a local newspaper or post notices at the entrance of any wildlife area or on the boundary of any part thereof prohibiting entry to any wildlife area or part thereof. These notices can be posted when the Minister is of the opinion that entry is a public health and safety concern or when entry may disturb wildlife and their habitat.

For the Prince Edward Point NWA, entry is not prohibited. Authorized activities and those activities that will be considered for permitting are described below.

Note: If there is a discrepancy between the information presented in this document and the notice, the notice prevails as it is the legal instrument prohibiting entry.

6.2 Authorized activities

For the Prince Edward Point NWA, notices authorizing the following activities will be posted at entrances and in public use areas in association with NWA identification signs. Periodic visits by enforcement staff, particularly during periods of high use, will occur and enforcement actions will be taken when required.

Authorized activities with special restrictions:

The following public access and authorized activities are allowed in designated areas within the Prince Edward Point NWA between sunrise and sunset daily and do not require a permit:

• Entering the NWA via boat launch in Point Traverse (Long Point) Harbour or at the entrance on Long Point Road
• Boat launching and docking by the public, from the dock and boat launch facility (no overnight mooring of recreational boats)
• Hiking, skiing, snowshoeing, wildlife viewing and photography (on the road, the beach and designated trails)
• Bird and wildlife observation (from the road, the beach and designated trails)
• Recreational fishing (no lead sinkers)^Footnote3
• Swimming (at the swimmer’s own risk)
• Picnicking (no open fires nor charcoal barbecue)

Note: Public access to and recreational activities (hiking, wildlife viewing, photography) in the vicinity of the Prince Edward Point Bird Observatory (i.e., trails adjacent to the Vancott cottage, 6056 Long Point Road) are restricted in the spring and fall when migration monitoring is underway. Notices are posted seasonally at the Prince Edward Point Bird Observatory to advise visitors.

If there is a discrepancy between the information presented in this document and the notice, the notice prevails as it is the legal instrument authorizing the activity.

6.3 Research

Environment and Climate Change Canada may support research activities within the NWA if the results are likely to provide data and information on topics of interest, including waterfowl and migratory bird population monitoring, habitat supply and quality, protection or recovery of species at risk, habitat restoration, and the effects of invasive and non-native species on habitat and wildlife.

Canada Wildlife Act permits are required under the Wildlife Area Regulations to conduct research and monitoring in the Prince Edward Point NWA. All research requests must be made in writing. Refer to Appendix II: Canadian Wildlife Service (Ontario): Conditions of Research Requests (in National Wildlife Areas). To apply for a permit to conduct research in Prince Edward Point NWA and to receive instructions concerning guidelines for a research proposal, please contact:

Environment and Climate Change Canada - Canadian Wildlife Service
Ontario Region Permit Office
867 Lakeshore Road
Burlington ON L7R 4A6
Tel.: 905-336-4464
Fax: 905-336-4587
Email: ec.wildlife.ontario.ec@canada.ca

Upon completion of the activity, permit holders are required to submit all data/information collected as a result of a permit to ECCC-CWS.

6.4 Authorizations

Permits and notices authorizing an activity may be issued only if the Minister is of the opinion that the activity is scientific research relating to wildlife or habitat conservation, or the activity benefits wildlife and their habitats or will contribute to wildlife conservation, or the activity is not inconsistent with the purpose for which the NWA was established and is consistent with the most recent management plan. The Minister may also add terms and conditions to permits in order to minimize the impact of an activity on wildlife and wildlife habitat.

All requests for permits or authorizations must be made in writing at least seven weeks prior to the date of requirement to the following address:

Environment and Climate Change Canada, Canadian Wildlife Service
Ontario Region
867 Lakeshore Road
Burlington ON L7R 4A6
Tel.: 905-336-4464
Fax: 905-336-4587
Email: ec.wildlife.ontario.ec@canada.ca

Contact federal and provincial permitting offices for more information.

Federal:

Canada Wildlife Act, Wildlife Area Regulations, Migratory Birds Convention Act, 1994, and Species at Risk Act:

Environment and Climate Change Canada, Canadian Wildlife Service
Ontario Region
867 Lakeshore Road
Burlington ON L7R 4A6
Tel.: 905-336-4464
Fax: 905-336-4587
Email: ec.wildlife.ontario.ec@canada.ca

Fisheries Act and Species at Risk Act:

Fisheries and Oceans Canada
Central & Arctic Region
520 Exmouth Street
Sarnia, ON N7T 8B1
Tel: 519-383-1813 or
Toll-Free: 1-866-290-3731
Fax: 519-464-5128

Fish and Wildlife Conservation Act; Endangered Species Act

Ontario Ministry of Natural Resources and Forestry
Natural Resources Information Centre
300 Water St
Peterborough ON K9J 8M5
Telephone: 1-800-667-1940 (toll-free)
TTY: 1-866-686-6072

For further information, please consult the Environment and Climate Change Canada Policy when Considering Permitting or Authorizing Prohibited Activities in Protected Areas Designated Under the Canada Wildlife Act and Migratory Birds Convention Act, 1994 (December 2011). This policy document is available on the Environment and Climate Change Canada Protected Areas website.

6.5 Exceptions

The following activities will be exempt from the requirements for permitting and authorizations:

• Activities related to public safety, health or national security, that are authorized by or under another Act of Parliament or activities that are authorized under the Health of Animals Act and the Plant Protection Act to protect the health of animals and plants;
• Activities related to routine maintenance of NWAs, to the implementation of management plans, and enforcement activities conducted by an officer or employee of Environment and Climate Change Canada.

Point Traverse (Long Point) Harbour Leased lots

Historically, commercial fishing has occurred off the Long Point Peninsula and commercial fishers have accessed Lake Ontario from the harbour located at the tip of the Prince Edward Point NWA. Since acquiring the NWA, Environment and Climate Change Canada has permitted the original commercial fishers to continue to use the harbour and associated temporary buildings under lease. Leaseholders are allowed to launch and tie up their vessels on the shore or at the docks on their lots. Commercial fishing vessels are only launched or retrieved from the main dock or shoreline in front of leased lots at the start and end of the season.

The restrictions and conditions of use of leased lots (as per the 1981 leases) are as follows:

• The use of the leased lots is restricted to the original named leaseholder(s) and their immediate families, operating under current Ontario Ministry of Natural Resources and Forestry (OMNRF) commercial fishing licenses.
• Use is restricted to the fishing season.
• Any damage to the trees must be avoided.
• Leaseholders own and are responsible for maintenance of their temporary cabins, net sheds, fuel tanks and outhouses.
• Outside fires are allowed in barbecues only.
• Mowing grass and gardening are permitted on the lots.

In 2010, recognizing that this is a commercial use that would normally be prohibited within a NWA; current uses were reviewed to determine whether they are in compliance with their original intent. Since a number of the original leaseholders are deceased or no longer in business, the number of valid leases and actively used lots has gradually declined, and this process is expected to continue over time. Action will be taken to address issues of non-compliance, and seasonal users of the harbour area without authorization of a lease, permit, or agreement will also be reviewed and removed if appropriate.

Shoreline areas and associated lands affected by terminated leases are to be cleared of any structures, debris or foreign materials by the leaseholder upon termination, and will be restored by Environment and Climate Change Canada to a natural state.

Harbour-mouth dredging

Occasional buildup of sediments deposited in the harbour mouth area makes the water too shallow for large boats; commercial fishers can no longer use the Point Traverse (Long Point) Harbour. In recent years, the entrance channel to the harbour has been dredged by commercial fishers with authorization obtained under the Fisheries Act as well as with Environment and Climate Change Canada permits obtained under the Wildlife Area Regulations. Environment and Climate Change Canada has not assumed any responsibility for dredging of the harbour mouth or entrance channel.