Uncharted Waters: The Future of Canadian Cetacean Conservation and Ecosystem-based Management
Creators: Jefferies, Cameron
Publisher: name: University of Alberta Library
Year: 2020

<p>SSHRC IDG awarded 2020. Canada has the longest coastline in the world and borders three oceans: the Pacific Ocean, the Atlantic Ocean, and the Arctic Ocean. These waters are home to over 40 species of whale, dolphin, and porpoise (collectively, cetaceans), yet these species and their ecosystems are at risk. </p>

<p>The Pacific Ocean’s endangered Southern Resident Killer Whale population is at historically low numbers; the endangered North Atlantic Right Whale population continues to decline owing to vessel strikes and fishing gear entanglement; and in Arctic waters, the narwhal and beluga populations are threatened by environmental changes, oil and gas activity, fishing, and shipping. Cetaceans are a living marine resource, culturally and socially significant to many Indigenous communities, valued generally by many Canadians, and symbolic of Canada’s remaining wild spaces and wild species. In the words of the government, Canada is “a maritime nation whose economy, environment and social fabric are inextricably linked to the oceans and their resources.” And yet, since 1982, Canada has not officially participated in the regulatory activities of the main international cetacean management institution, the International Whaling Commission. Canada’s withdrawal has had reputational consequences and arguably violates legal obligations under the United Nations Convention on the Law of the Sea. Canadian law and legal policy also fails to adequately address the significant environmental threats to cetacean populations, including pollution, habitat degradation, climate change, by­catch, and prey species reduction. Moreover, these threats hinder species recovery efforts, accelerate new management challenges, and test our resolve to safeguard Canada’s cetacean species. </p>

<p>The proposed study has three inter­related objectives: (1) to propose reforms to Canadian law concerning cetacean management; (2) to make the law­-policy­-science case to encourage official Government of Canada participation in international cetacean conservation efforts; and (3) to improve the conservation status of endangered and threatened cetacean species. This study employs the theory of ecosystem­based management (EBM), which seeks to understand the environmental conditions that are required to sustain species through scientific data collection and then the use of law and policy to maintain or restore ecosystem health, productivity, and functionality to meet these requirements. EBM recognizes human activity as part of ecosystem management and couples social- ecological systems to improve management outcomes. Methodologically, this work will synthesize the legal principles drawn from an analysis of Canada’s laws and policies relevant to cetacean conservation and then compare Canada’s approach to the indicia of EBM and the laws and policies from other peer jurisdictions that are noted for their conservation efforts. This work will produce objective information that can be used to identify shortcomings with Canada’s approach to cetacean conservation and propose targeted reforms. The proposed study will inform and influence the future of Canadian cetacean conservation from legal, policy, and scientific perspectives. The research results will be disseminated through scholarly conference participation and peer­-reviewed publication, a policy brief and targeted communication to Canada’s law and policy makers, and through outreach works to civil society, Indigenous communities, and the general public. The project will also produce a book proposal to initiate a sustained exploration of Canadian cetacean conservation, with the legal reform objectives of this proposal directed towards the improved stewardship of our remaining wilderness and wildlife for future generations.  </p>