Whales

Beluga export

To better protect cetaceans in Canada, new provisions have been added to the Fisheries Act, including new permitting requirements for the import or export of these animals.
As the Minister of Fisheries, Oceans, and the Canadian Coast Guard, I can issue import or export permits that are for scientific research or for cetacean welfare.
My department has drafted detailed policies to guide my decisions on issuing these permits. Because this topic is so important, we are currently conducting a 90-day online public consultation on the draft policies, until November 18, 2020.

Since June 2019, there are new stipulations in the Fisheries Act and the Criminal Code aimed at ending the captivity of cetaceans. This new legislation prohibits the capture of cetaceans to be kept in captivity, except where the Minister of Fisheries, Oceans, and the Canadian Coast Guard is of the opinion that it is required (e.g., because the animal is in distress or in need of care).
It also establishes restrictions on keeping and breeding cetaceans in captivity and on importing and exporting living cetaceans, or sperm, egg, or embryo of a cetacean, into or from Canada.
On August 27, 2019, the Minister of Fisheries, Oceans, and the Canadian Coast Guard authorized Ocean Wise to transfer two beluga whales under temporary custody at Marineland in Niagara Falls, Ontario, to the Oceanogràfic Aquarium in Spain. As of October 2020, the two beluga whales have not been transferred.
Marineland is currently seeking to transfer five beluga whales to the Mystic Aquarium in Connecticut, United States to conduct scientific research. As well, the Vancouver Aquarium (managed by Ocean Wise) is seeking to transfer one Pacific White-sided dolphin to SeaWorld San Antonio in Texas, United States for welfare purposes.
To proceed with these exports, both Marineland and Ocean Wise will need to obtain permits under s. 23.2(2) of the Fisheries Act.

Canada is a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which aims to safeguard certain species (including cetaceans), from over-exploitation.
The new Fisheries Act permit requirements for importing or exporting cetaceans are in addition to permit requirements under CITES.
The CITES permit process looks at whether importing or exporting an animal would be detrimental to the survival of the species and ensures the animal is transported in a way that minimizes health risks.
The Fisheries Act permit process considers whether importing or exporting a specific cetacean would be in the best interest of the cetacean or is for scientific research.
To export a cetacean, a Canadian facility now needs to obtain both a CITES permit and a Fisheries Act permit, which offers additional safeguards for captive cetaceans.

Following amendments made to the Fisheries Act in 2019, the Minister of Fisheries, Oceans and the Canadian Coast Guard may issue a permit authorizing the import or export of a living cetacean, if the transfer is in the best interest of the animal or is for scientific research.
Prior to 2019, to export live cetaceans that are listed under CITES, an export permit was and still is required under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA).
CITES export permits for aquatic species are issued by Fisheries and Oceans Canada on behalf of Environment and Climate Change Canada, which is responsible for CITES and WAPPRIITA in Canada.
Factors that are considered when deciding whether or not to issue a CITES export permit include: whether the import/export would be detrimental to the survival of the species, whether the animals were obtained legally and with appropriate documentation, and whether the animals will be moved in a way to minimize the risk of injury or risk to health.

The conservation and protection of Canada's marine resources, including marine mammals, is a top priority for the Government of Canada.
Should a proposal to establish a whale sanctuary in Canada be put forward it will be reviewed at that time, with other government authorities as appropriate.
Our Government believes whales and dolphins should not be kept in captivity unless it is deemed to be in the cetacean’s welfare, which is why we included these provisions in the modernization of the Fisheries Act.

Bill C-68 passed Parliament on June 20, 2019, and it prohibits the capture of a cetacean from Canadian fisheries waters for public display unless the Minister authorizes an exception for rescue or rehabilitation.
The Whale Sanctuary Project is a U.S. not-for-profit organization that is working to establish a model for coastal cetacean (whale, dolphin and porpoise) sanctuaries for previously captive whales to live out the rest of their lives in a seaside setting. Sanctuaries, as described by the organization, are environments that will maximize well-being and autonomy and are as close as possible to a cetacean’s natural habitat.
Nova Scotia was identified by the Whale Sanctuary Project as an ideal location for a sanctuary of 40 hectares along the Atlantic shore. Public information meetings have been held in coastal communities in Nova Scotia by the Whale Sanctuary Project, including Dartmouth, Liverpool, Port Hawkesbury, Sherbrooke and Sheet Harbour.
After considering various Nova Scotia locations, Port Hilford, on the Eastern Shore, was identified by the proponents as an ideal location for a sanctuary and acoustic noise research has commenced.
The Department would evaluate a proposal for a whale sanctuary with consideration of the habitat provisions under the Fisheries Act, Fishery (General) Regulations licence to release or transfer fish (including whales) and the Species at Risk Act if it is for a listed species.