Standing Committee Tables MPA Report

When it comes to the establishment of Marine Protected Areas (MPAs) in Canadian waters, the Standing Committee on Fisheries and Oceans is recommending an enhanced, more transparent process, where access to marine resources for the sustainability of Indigenous and coastal communities be considered “as a central element” in the decision-making processes.

The report, Healthy Oceans, Vibrant Coastal Communities: Strengthening the Oceans Act Marine Protected Areas’ Establishment Process, was tabled in the House of Commons on June 11. It contains 24 recommendations that deal with conservation of marine diversity, current criteria and process used to identify and establish Oceans Act MPAs, the environmental and socio-economic impacts of MPAs and enhancing the MPA establishment process.

“In the Committee’s view, marine biodiversity conservation is both an environmental and socio-economic priority,” concludes the report.

“Effective MPAs are essential and precautionary tools in Canada’s overall ocean management strategy. In its 2017 reports on Atlantic salmon and the Newfoundland and Labrador Northern cod fishery, the Committee unanimously agreed that the emphasis must be placed on the precautionary approach in ocean management to ensure healthy oceans and sustainable fisheries now and into the future. The Committee is encouraged by the progress made to date by Canada in achieving its marine conservation targets. However, the Committee believes that the process being used by DFO to identify and establish Oceans Act MPAs can be enhanced to ensure that MPAs are effective and achieve their intended benefits.”

“The Committee notes that access to living marine resources is important for the sustainability of Indigenous and coastal communities. In the Committee’s opinion, such access should be transparently considered by DFO as a central element in its decision-making processes relative to MPAs. Unfortunately, to what extent MPAs affect the socio-economics of coastal communities that rely on the oceans for their livelihoods was a question that was not clearly answered during the course of this study. Testimony submitted to the Committee, however, showed that failing to incorporate social, economic and cultural considerations into the MPA establishment process can lead to significant conflict, loss of trust, resistance, and in some cases, the creation of MPAs that may not be as effective as they could be. Therefore, including Indigenous and coastal communities in decision-making processes that impact their access to adjacent marine spaces is imperative,” the report stated.

The Committee commenced the study in December 2016. The Committee held 18 meetings in Ottawa and conducted consultations in the Northwest Territories, British Columbia, Nova Scotia, New Brunswick and Quebec during the study period. The federal government will issue a response to the report.

In a supplementary report from the Conservative Party of Canada included in the report document, the Trudeau government came under fire for politicizing the process of creating MPAs when they issued an election promise in 2015 to achieve five per cent protection by 2017.

“Although one-upmanship is not new to any level of politics, this particular campaign promise has proven particularly worrisome for a long list of Canadians including fish and seafood harvesters, First Nations and coastal communities… by accelerating the process for creating MPAs, the Liberal government has replaced established processes for building consensus with expediency serving a partisan interest. Truly sustainable MPAs require a delicate balance upholding principles of conservation, Indigenous rights, common resource and the interests of all Canadians, both today and in the future… the government’s rush to the Aichi Target 11 finish line is creating uncertainty in our fisheries and tourism sectors, it is pitting regions and Canadians against each other and it is inflicting a black eye on a noble cause that all federal parties support.”

THE RECOMMENDATIONS

1. That, when identifying new areas of interest for marine protected areas, the Government of Canada evaluate net economic and social values and responsibilities, including cost of patrol and enforcement in Canada, particularly for remote marine areas.
2. That areas of interest and marine protected areas not be considered in isolation from sustainable fishery management practices.
3. That the Government of Canada acknowledge any negative impacts on people who directly depend on the resources of a marine protected area and the Minister use his or her discretionary powers to consider providing offsetting measures in consultation with the fishing industry where loss or harm is proven.
4. That the Minister of Fisheries, Oceans and the Canadian Coast Guard table an annual report to Parliament that includes the following:  a list of Oceans Act marine protected areas designated during that year; information on whether or not each established marine protected area is meeting its conservation objectives; and measures required if conservation objectives were not met.
5. That Fisheries and Oceans Canada include a process to regularly review boundaries of existing and new marine protected areas for efficiency and relevance to optimize the protected area’s performance in achieving its objectives and support the needs of local people who depend on the resources of the marine protected area.
6. That Fisheries and Oceans Canada consider establishing a timeline to designate Oceans Act marine protected areas that takes into consideration other environmental impact assessment processes.
7. That Fisheries and Oceans Canada undertake and prioritize work to clarify what individual marine protected areas are and are not and ensure that the specific conservation goals of each marine protected area are clearly known to the local community.
8. That Fisheries and Oceans Canada publicize on its website, for each Oceans Act marine protected area process, the time frame, the decisions made at each step, the science and other considerations that went into decision making.
9. That Fisheries and Oceans Canada, as part of the Oceans Act marine protected areas establishment process, consider instituting mediation and conflict resolution mechanisms conducive to consensus-building.
10. That, in addition to science-based decision-making, Fisheries and Oceans Canada take into consideration the strong importance of having community and stakeholder support throughout the process of establishing a marine protected area.
11. That consultations leading to the creation of a marine protected area be as inclusive as possible for community stakeholders, with efforts made to schedule consultations at times when the maximum number of community members and Indigenous communities can participate, backstopped by an initiative to proactively reach out to those who haven’t participated in scheduled consultation events. These consultations should be a part of an ongoing dialog.
12. That Fisheries and Oceans Canada, Environment and Climate Change Canada and Parks Canada Agency collaborate on best community relations/consultation practices and examine alternative process models (e.g., ‘consensus’ versus ‘democratic’ (majority rule) decision-making; ‘incentive’ versus ‘regulatory’ management; goal setting targeting ‘abundance’ versus ‘sustainability’).
13. That, in order for marine protected areas to be truly sustainable, the process used to create them undertake meaningful consultation with all persons holding a direct stake in the marine protected areas’ resources early in the process of establishing them.
14. That consultation related to the establishment of marine protected areas give primary consideration to local stakeholders whose support and contribution are essential to the establishment and sustainability of a marine protected area.
15. That the creation of a marine protected area be founded on clear objectives, the best available science or, in urgent situations, the application of the precautionary principle, all informed by traditional knowledge contributed by the local Indigenous communities and fishers that have traditionally operated in the area.
16. That marine protected areas be established with clearly defined objectives such as biodiversity targets that can be measured and assessed on an ongoing basis to determine the performance of each MPA.
17. That local and Indigenous knowledge be combined with available science in determining the objectives, composition, allowable activities and characteristics of a marine protected area.
18. That, given the potential challenges with interpretation when applying the precautionary principle, the Government of Canada recognize the precautionary principle is no substitute for science and cannot replace Canada’s proven processes of consultation and scientific assessment.
19. That minimum standards for marine protected areas be established on a case-by-case basis and tailored to the needs and interests of the local ecology, biodiversity, people and economies that depend on their resources.
20. That areas covered by “other effective area-based conservation measures” be included in consideration when determining total areas of protection.
21. That, when possible, marine protected areas be situated and designed to complement other marine protected areas, on-shore protected areas and inshore conservation areas, to create a network that promotes biodiversity and habitat protection.
22. That marine protected areas be operated on an adaptive management framework, with a strong ongoing role in data gathering and compliance monitoring for Indigenous communities and fishers in the surrounding areas.
23. That, recognizing the essential role of regulatory enforcement to a marine protected area’s success, the enforcement needs of a marine protected area be paired with a congruent and sustained funding plan to sustain the required enforcement personnel and resources.
24. That the Government of Canada expand the cooperative work of Parks Canada Agency, Fisheries and Oceans Canada and other departments to share best proven practices for establishing marine protected areas in Canada’s Northwest.

Supplementary Recommendation (Conservative Party)

When establishing new marine protected areas and areas of interest or undertaking measures contributing to the achievement of marine protection targets, the Government of Canada must uphold Canada’s national interest by giving primary consideration to Canadian interests over foreign or foreign-funded interests.