This letter was sent to all MPP's as well as the Premier's office.
LETTER E-MAILED TO ALL ONTARIO MPPS - DECEMBER 10, 1999
I am writing on behalf of the membership of the Niagara Divers Association, a sport diving club of 38 members, to express our deep concerns regarding Bill 13, the "Ontario Marine Heritage Act", presently before the Standing Committee on General Government for consideration.
The Niagara Divers' Association is a group whose members have promoted the preservation of our marine heritage, shipwrecks, and the environment for many years. We host an annual, one-day shipwreck symposium whose purpose is to celebrate our marine history and promote conservation (our sixth year, drawing 450-500 per year). As President of the Club, I hold the archaeological survey license to two local shipwrecks. The licensing process is very involved, with requirements including a survey course, detailed application and specific reporting, recording and documentation. This license is issued to only one individual for a site, with option to renew for an additional year. This is the same license referred to in Bill 13, and is not readily available to interested divers.
While the intention to preserve our heritage is a noble one, and effective legislation and enforcement which will help to stop damage to our wrecks is imperative, we feel the passage of this Bill in its present form has the potential to sound a death knell for dive shops, charter operators, dive instructors and the tourist industry in areas where diving is popular. In a province so blessed with vast quantities of fresh water lakes and rivers, this multi-million dollar loss will impact virtually every area of the province. I can assure you, and I am not alone, that my diving dollar would not be spent in Tobermory, Kingston, Port Dover, Leamington, Brockville or Port Colborne, but in New York, Michigan, Quebec and North Carolina.
When contacted by our local MPP, Toby Barrett's office has indicated that any wreck containing significant artifacts would be closed to diving, along with any new sites discovered. This is not stated specifically in the Bill, other than Section 4.(1), item 7. “Any other activity specified in regulation.” We have been unable to obtain a copy of these regulations and can only wonder what other restrictions Mr. Barrett has planned.
These closures would effectively stifle any research, exploration and discovery. It has not been the government who has discovered these wreck sites, put in countless hours of research on their history and produced educational material and video programs to educate the general public, it is divers themselves. Contrary to the generally held opinions of our legislators, divers are not “the enemy”. Yes, there is no doubt that a small minority of divers has in the past, and continue to remove artifacts and inflict damage on wreck sites. However, the vast majority of divers are responsible and hold a love, appreciation and commitment to protection of our marine heritage. We have been striving to preserve these sites and spread the message that criminal practices will no longer be tolerated. On our survey wreck sites, we have posted signs that indicate that removal of silt, artifacts or damage to the wrecks can result in fines and imprisonment and have partnered with CrimeStoppers to report any incidents.
By limiting the presence of responsible divers to dive sites, the most effective deterrent to artifact theft is removed. A wreck site that is not visited on an ongoing basis, is an attractive target for those who would break the law. As well, by restricting access to charter operators, their invaluable role in educating divers and enforcing conservation is eliminated.
Closing wreck sites is not the answer. Issuing licenses is not the answer. Publishing lists of acceptable wrecks to dive and not dive is not the answer. With the enforcement capabilities this province has in place at the current time, it would be an impossible task to ask of our forces and this form of legislation would serve no purpose. Accessibility to sites could be subject to arbitrary, capricious and ever-changing decisions. As well, there would be mass confusion in the diving community as to which wreck sites were accessible and which were not. There is no way to ensure that every diver in the Province or any visiting diver would have access to this information.
I implore you to look further into the impact that this legislation could have on the diving industry, tourism and divers in Ontario. Hold open forums and have dialogue with divers, associations, clubs and charter operators. Without the input of the people who have the most at stake, and knowledge of the issues involved, how can intelligent decisions be made? Our legislators have a chance to produce some truly meaningful and effective legislation – don’t waste the opportunity through ignorance of the true situation and issues.
I ask that you consider my points and provide me with a response indicating your thoughts and any feedback that you may have on this matter.
Respectfully,
Barbara Marshall, President
Niagara Divers’ Association
3835 West Main Street
Stevensville, ON L0S 1S0