Below are copies of a cover letter and form letter
to be sent to American divers and shops in the Great Lakes Area.
We have had an offer of assistance and financial
support from the Fort Erie Underwater Recovery Unit, as well as a personal
one from Dave Trotter. Although the FEURU is based in Ontario, they have
a large percentage of American members who have already started to spread
the word by visiting dive shops etc.
January 7, 1999
To: US Divers, Clubs, Shops and Charter Operators
From: Niagara Divers' Association & Fort Erie Underwater Recovery Unit
Many of you are well aware of concerns surrounding the proposed Bill 13 - the new Ontario Marine Heritage Act. For those of you who haven't heard about it, following is a brief outline.
The Ontario government has introduced a Private Member's Bill to, in their words, "preserve Ontario's marine heritage and promote tourism by protecting heritage wrecks and artifacts". While this concept cannot be faulted, the language and content of this legislation in its present form has the potential (and intent in some of our legislators' minds) to close a number of existing shipwrecks and ban all newly-discovered wrecks to divers. This could effectively mean the end of sport diving in Ontario as we know and love it.
Access to wreck sites that have significant artifacts remaining, as well as all newly-discovered "heritage" sites, would be through a license issued by the government. Basically, this license is the same as the survey permits presently issued for dive sites - a complicated process which is issued to one individual for one year, with the option to renew for an additional year. Closure of wreck sites would be at the discretion of the government, with lists published of all "heritage" wrecks.
This piece of legislation has passed second reading, with all three parties' overwhelming support, and has now gone to Committee prior to final reading and Royal Assent. Review of the Hansard (official transcript of the meeting) for the second reading details an almost complete lack of comprehension of the effects that this legislation could have to the dive industry, tourism and sport diving in Ontario. Meanwhile, the Regulations that will apply to this Bill are currently being written and have not been available for review. In other words, this Bill will be passed and the rules made public after it has become law.
While review of the Bill has not been seen as a cause for alarm by some, merely a protection of "significant" sites, a call to Toby Barrett's office (the MPP introducing this Bill), came up with this response: "All commonly dived sites that are stripped of artifacts would continue to be open, but any sites that had significant artifacts remaining and all new sites would be closed". By this definition, this could effectively close down sites we have been diving and those sites just being opened. An exciting era in sport diving will surely come to an end, and even video programs will become severely restricted.
At the present time, we have been informed that public hearings will be held in late March or April when the Legislature is again convened. Now is the time to make our concerns known to the Standing Committee and Government of Ontario. I have attached a draft letter that I urge every diver, operator and shop send to the politicians and members of the Standing Committee on the attached list. Copies should also be sent to the Chambers of Commerce in the Canadian cities you book charters to. If you cannot obtain these addresses, please forward the letter to the charter operator you dive with in the area and ask them to forward it for you.
Feel free to make additional copies and distribute them to any diver you know, or create your own version addressing your concerns. For those of you with e-mail and internet, copies of this letter may be found on the Niagara Divers' Association website - Bill 13 section, as well as direct e-mail links to the Standing Committee members. You can then just copy from the club website and paste it into any and all addresses you wish. The Club website is: http://www.vaxxine.com/nda. A great deal of other information on Bill 13 may be found on this site as well.
I urge every one of you to take a few minutes
of your time to forward this letter and help ensure that the government
is aware of the potential consequences of this legislation.
Barbara Marshall, President
Dave Hennig, President
Niagara Divers' Association
Fort Erie Underwater Recovery Unit
e-mail: marshall@vaxxine.com
Form letter sent with above cover to American divers.
Date:
To:
As an American diver I am writing to express my outrage at the proposed legislation to restrict the rights of divers in Ontario. It is apparent that if this Bill passes, divers in Ontario waters can only do what they are told they can do, and go where they are told they can go.
Divers on both sides of the border are respectful of the marine environment and aware that we must take care of our history and marine resources. To ban the majority from a site because of the actions of a small minority is a travesty of rights and freedom - an action that will have little effect on those who would deliberately desecrate these sites. To hand the decision-making of which sites can be visited and which cannot to bureaucrats with their own agendas, opens the door to arbitrary and ill-informed decision-making.
It has been mentioned in discussions around this Bill that Michigan has introduced legislation for Heritage Protection. Indeed they have, and if you examine the Michigan Statute you would find that the Michigan legislation preserved the shipwrecks for divers while 'GUARANTEEING THE RIGHT OF RECREATIONAL DIVERS EXPLORATION OF ALL SHIPWRECK SITES". The 1980 legislation, wisely constructed, prevents restriction of access while accomplishing preservation - something that the Ontario government would be advised to explore.
Should this Bill be passed, as a U.S. diver I will make my voice heard in the only manner I can - through my tourism dollars. IT IS BEING PROMOTED IN SEVERAL U.S. DIVE CLUBS THAT ABUSE OF DIVERS RIGHTS WILL STOP THEM FROM DIVING IN CANADA.....IN OTHER WORDS, KEEP THE DIVING TOURISM DOLLARS AWAY FROM THOSE THAT TREAT DIVERS AS SECOND CLASS CITIZENS.
As a visiting diver, how will I know which sites are "safe" and which are banned; how could I hope to see those sites open only to those who can obtain a "license"; why would I want to dive in an environment of fear, distrust and over-regulation; why would I dive in a country which has taken the freedom of their citizens?
This Bill is being promoted as a Bill to "Preserve Ontario's Marine Heritage and Promote Tourism". It might better be labeled in the eyes of American divers as a Bill to "Preserve Ontario's Marine Heritage at the Expense of Tourism". I urge you in the strongest terms possible to reconsider the introduction of this Bill.
Respectfully,