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Working Together for marine protected areas - A National Approach


1.0 Purpose Statement

This paper briefly describes the approach that the Government of Canada is taking with regard to the establishment and management of protected areas in oceans.

Within the Government of Canada there are three departments with mandated responsibilities for establishing and managing a range of marine protected areas. These include: Fisheries and Oceans Canada, Department of the Environment, and Canadian Heritage. This paper describes the programs of each department and how they fit together into a complementary and coordinated federal approach. Conserving and protecting our ocean ecosystems and their resources in Canada is vital. The important coordinating role that the Oceans Act plays in ocean conservation and protection is highlighted.

2.0 Introduction

The management of Canada's coastal and ocean waters is a shared responsibility - shared amongst federal agencies, provinces and territories, communities and aboriginal land claim management boards. Cooperating in the stewardship of three oceans - the Pacific, the Arctic and the Atlantic - that border most of the country is an essential task. Boasting the longest coastline in the world and a broad spectrum of marine resources and ecosystems, the need for Canada to responsibly manage the oceans is evident.

The Oceans Act provides the Minister of Fisheries and Oceans with the authority to coordinate federal involvement in all oceans-related issues. The Act also paves the way for the development of a comprehensive Oceans Strategy, based on the principles of integrated management, shared stewardship, the precautionary approach and sustainable development.

The Oceans Act sets out the obligation of the Minister of Fisheries and Oceans to develop a National Strategy for Oceans Management. This strategy will include coordinating an overall federal marine protected area program that will be administered and implemented by three federal departments with mandated responsibilities to establish and create protected areas Canadian Heritage (CH), Environment Canada (DOE) and Fisheries and Oceans Canada (DFO).

Principles of Oceans Management

  • Shared Responsibility
  • Precautionary Approach
  • Sustainable Development
  • Integrated Management
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2.1 One objective - Three Federal Programs

These three marine protected area programs are distinct but share one common objective: to further conservation and protection of living marine resources and their habitats. Each contributes from its own particular focus. A coordinated approach, as directed in the Oceans Act, will ensure that the federal government will work together with provincial and territorial governments as well as aboriginal groups, and individual communities to advance marine conservation in an efficient and effective manner.

2.2 Marine Protected Areas (MPAs) - What are they?

MPAs are legally designated areas designed to protect marine plants, animals & ecosystems. Human activities may be limited in certain ways in these areas to protect Canada's marine heritage.

Worldwide, a broad spectrum of MPAs exists today, ranging from closed areas (where no resource extraction whatsoever is permitted) only a few hectares in size and protecting one coral reef, to the 350,000 km multiple-use Great Barrier Reef Marine Park in Australia.

MPAs are one tool that can be used in the conservation of marine biodiversity and ecological integrity. In Canada, federally designated protected areas are intended to complement provincial and community-based conservation strategies.

The term "marine protected area" is defined by the World Conservation Congress as: "Any area of intertidal or subtidal terrain,together with its overlying water and associated flora, fauna, historical and cultural features, which has been reserved by law or other effective means to protect part or all of the enclosed environment.

Canada's ocean ecosystems and resources face many threats: pollution, habitat degradation and competing industrial development, to name a few. To protect marine ecosystems, Canada should consider a balanced conservation program that includes MPAs as part of the equation. Efforts to influence "ocean uses" must be made to ensure that they are conservation-friendly.

The federal government is seeking cooperative action between the public and all levels of government for development of a national system of marine protected areas. The anticipated benefits of such a system would include the protection of marine species, habitats and ecological processes and cultural resources, the provision for research and training, the opportunity for environmental monitoring related to human health, and the opportunity for new environmentally sustainable economic benefits.

2.3 Existing federal marine protected areas

The concept of protecting marine areas is not new. The Government of Canada already has some protected areas in its oceans, and numerous areas have been provided some level of special protection in Canada's coastal waters. These areas were designed to meet specific conservation needs, and include marine parks, national wildlife areas, whale sanctuaries and areas closed to fishing for conservation reasons. Efforts to create protected areas in Canada's offshore waters are, however, in their infancy. The broad-based mandate for a network of protected areas is new under the Oceans Act. The federal government will build partnerships and collaborate with many sectors of society in efforts to establish and manage a comprehensive national system of marine protected areas.

2.4 Need for a Flexible Approach

Canada's ocean ecosystems are diverse and vast. Marine protected areas must satisfy a range of needs and purposes, and will be established in a variety of jurisdictional settings. As a result, a flexible approach will be required to design and manage marine protected areas effectively.

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3.0 Ongoing Federal Efforts

3.1 Three Protected Areas Programs

The three federal agencies are working together to design a network of protected areas that will help maintain the integrity and health of marine ecosystems. Both Canadian Heritage and Environment Canada have experience in managing protected areas which will be a benefit to the coordination of the three programs.

3.1.1 Environment Canada

Environment Canada protects unique, critical and productive habitats/ecosystems for wildlife in Canada's major marine ecozones and nearshore areas through the establishment of Migratory Bird Sanctuaries (MBSs), National Wildlife Areas (NWAs), and Marine Wildlife Areas (MWAs). Migratory Bird Sanctuaries (MBSs), created under the Migratory Birds Convention Act, protect coastal and marine habitats that are heavily used by birds for breeding, feeding, migration and overwintering.

Under the authority of the Canada Wildlife Act, important wildlife habitats are set aside for purposes of wildlife research, conservation, and public education. On land, and in coastal waters out to the 12-nautical mile territorial sea, these areas are called National Wildlife Areas, while beyond, they are known as Marine Wildlife Areas.

3.1.2 Canadian Heritage

Marine Conservation Areas are part of a family of protected areas administered by Canadian Heritage (Parks Canada) to protect and commemorate the country's natural and cultural heritage. The objective of the National Marine Conservation Areas Program is to protect and conserve for all time marine areas that are representative of the country's ocean environments and Great Lakes, and to encourage public understanding, appreciation and enjoyment of this marine heritage so as to leave it unimpaired for future generations. Waters of the Atlantic, Pacific and Arctic Oceans - out to 200-nautical miles - and Canada's Great Lake waters have been divided into 29 marine regions. The long-term goal is to establish NMCAs representing each region. While provisions exist under the National Parks Act to establish these areas, new legislation is being developed for the administration of NMCAs.

3.1.3 Fisheries and Oceans

Fisheries and Oceans Canada, under the authority of the Oceans Act, can establish Marine Protected Areas in marine waters under Canada's jurisdiction for the conservation and protection of fish and other living marine resources and their habitats; of endangered and threatened species and their habitats; of marine areas of high biodiversity or biological productivity; of unique habitats; or any other reason pursuant to the mandate of the Minister of Fisheries and Oceans.

Table 1: Federal Marine Protected Areas Programs
Agency Legislation Protected Areas Program
DFO Oceans Act MPAs
DCH National Parks Act NMCAs
DOE Canada Wildlife Act MWAs/NWAs
DOE Migratory Bird Conservation Act MBSs

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3.2 Possible Areas Requiring Special Protection

There are a number of reasons for establishing marine protected areas. The purpose may depend on the intended use of an area. Possible reasons for creating protected areas in Canada's oceans include:

  • The protection of unique and/or critical areas or ecosystems: (e.g. spawning, breeding, critical feeding or wintering areas, undersea vents or sea mounts)
  • The conservation of species of commercial importance, (e.g. lobster)
  • The conservation of threatened/endangered species or stocks, (e.g. the Right whale or the St. Lawrence beluga whale)
  • The conservation of representative areas (ensuring that we have a representative "sampling" of all our marine ecosystems)

The Oceans Act provides the coordination and planning framework which enables key stakeholders to have input into creating an overall system of protected areas for Canada's estuarine, coastal and marine waters.

  • Preservation of biologically productive areas (e.g. a marsh or estuary)
  • Research and monitoring (e.g. benchmarking for monitoring change re pollution and global warming; research ecosystems that are poorly known; improving the knowledge base for future activities
  • Public use and education. (e.g. recreational diving areas or ecotourism activities)
  • The protection of cultural resources (e.g. historical and archaeological resources)

3.3 Coordinated Federal Approach

The federal government must ensure that its three programs are coordinated as the policies, programs and prospective sites are developed and established. The purposes of marine protected areas mandated to the three departments are complementary, covering a spectrum from a single purpose designation through to broad multipurpose designations. All three departments will contribute to the health and protection of our marine ecosystems.

The Government of Canada considers the various protected area types as a "family" rather than as a number of unrelated designations. The Oceans Act provides the coordination and planning framework which enables key stakeholders to have input into creating an overall system of protected areas for Canada's estuarine, coastal and marine waters.

Within this context, DFO will facilitate and develop regional planning to ensure that there is consultation and input for an integrated national network of marine protected areas.

3.4 The MPA Steering Committee

To facilitate coordination of federal programs, a senior management level Steering Committee has been created with representation from DFO, DOE and CH, as well as Natural Resources Canada (NRCan).

The role of the Steering Committee is to ensure an ongoing level of communication between the departments to examine proposals and initiatives from amongst the member departments, and to identify opportunities for collaborative programs.

The knowledge and the expertise of federal agencies, together with provincial agencies, aboriginal groups, academic institutions, coastal communities, and other stakeholders is essential for the success of all three programs.

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3.5 Strengths of MPA Partners

The Department of Fisheries and Oceans has leadership in the fields of ocean sciences, hydrography and fisheries and marine sciences, which are all crucial to the identification and management of marine protected areas. In addition, DFO has a strong enforcement presence and since the merger with the Coast Guard, a strengthened presence on the ocean, through its Search and Rescue, ice breaking, and other marine services.

3.6 Protected Areas and Canada's International Commitments to Environmental Protection

The establishment of marine protected areas can contribute to achieving Canada's international commitments and responsibilities to protect marine ecosystems. Canada is required to protect its coastal and marine biodiversity, resources and environments under the Convention on Biological Diversity (1992) and the 1982 United Nations Convention on the Law of the Sea.

UNCLOS Article 194.5

"The coastal state has the obligation to... protect and preserve rare or fragile ecosystems as well as the habitat of other forms of marine life, etc"

Agenda 21 of the UN Conference on Environment and Development (UNCED) promotes the establishment MPAs as one element of sustainable use of the oceans. Other conventions (for example, the 1975 Ramsar Convention and the 1985 Western Hemisphere Shorebird Reserve Network) provide mechanisms for bringing international recognition to important coastal ecosystems.

Regional agreements may also promote the establishment of MPAs, such as the 1991 Conservation of Arctic Flora and Fauna (CAFF) program that operates under the Arctic council of the 8 circumpolar countries and that focuses on a Circumpolar Protected Areas Network, including MPAs.

Canadian Heritage has expertise in systems planning, ecosystem management and monitoring, and providing visitor services and interpretation.

Environment Canada has expertise in wildlife, particularly migratory birds and habitat research, ecosystem classification and assessments, conservation and management; cooperative arrangements, international agreements, marine weather, ocean disposal and pollution issues.

Natural Resources Canada is responsible for managing non-living resources in Canada's offshore region. In addition, it therefore has a strong mapping and geological research capacity, as well as a thorough understanding of the needs and expectations of the oil and gas and offshore mining industries.

3.7 Support of Other Agencies

Clearly, MPAs by their very nature, cannot be effectively implemented or managed without the cooperation and collaboration of other jurisdictions and of the stakeholders with an involvement or an interest in marine ecosystems. The support and cooperation of other federal agencies is critical to achieving the objectives of the designation.

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3.8 Working with Others

The federal government places high importance on partnering with provinces, territories, aboriginal groups, local communities, economic interests, the fishing, aquaculture and marine industries and others in establishing protected areas. For example, in the Pacific Region, the federal and provincial governments have partnered in developing a comprehensive integrated policy and process for establishing a network of MPAs. Building on these types of initiatives, in addition to establishing new partnerships in a supportive and cooperative environment, is essential for achieving the conservation goals of marine protected areas.

For further information, contact:

Canadian Wildlife Service
Environmental Conservation Service
351 St. Joseph Blvd.
Hull, Quebec K1A 0H3
Tel: (819) 997-1095
Fax: (819) 994-4445
http://www.cws-scf.ec.gc.ca/index_e.cfm

Natural Resources Canada
Sir William Logan Building
580 Booth Street
Ottawa, Ontario
Tel:(613)992-8589
Fax:(613)992-8263
http://www.nrcan-rncan.gc.ca/inter/index_e.html

Marine Ecosystems
Conservation Branch
Oceans Directorate
Fisheries and Oceans Canada
200 Kent Street
Ottawa, Ontario K1A 0E6
Tel: (613) 990-7389
Fax: (613) 990-2379
http://www.dfo-mpo.gc.ca/home-accueil_e.htm

National Parks Directorate
Canadian Heritage
25 Eddy Street
Hull, Quebec K1A 0M5
Tel: (819) 994-5531
Fax: (819) 994-5140
http://www.parkscanada.ca

© Minister of Public Works and
Government Services Canada 1998
Cat. No. Fs 23-328/1997
ISBN 0-662-63318-0