Question Period Note: Cetacean Import or Export

• To better protect cetaceans, new safeguards 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 have the authority to issue such permits if the transfers are in the best interest of the cetaceans or are for scientific research.
• My department is in the process of finalizing the policies and permitting process necessary to implement the requirements that will apply to all future import or export requests.

Recent/Ongoing Export Projects of Cetaceans
• The protection and conservation of our wildlife and marine species is a priority for our government.
• Because these issues are so important, our government took leadership by adopting provisions to ban the captivity of whales and dolphins in Canada.
• Recently, I made the decision to approve the transfer of five beluga whales from Marineland to Mystic Aquarium in the United States, to conduct scientific research.
• My decision considered a number of factors, but ultimately was based on the scientific merit of the application, and the fact that these five beluga whales will benefit from moving to Mystic. Marineland is dealing with a lack of space for its beluga whales and the consequences of the ongoing pandemic.
• Should further requests be made for the import or export of cetaceans, considerations will be made in accordance with the applicable Fisheries Act provisions.
• Our government continues to be firmly committed to the protection of biodiversity and marine mammals.
If Pressed on Marineland’s Beluga Export Project to Mystic Aquarium in United States
• Under Canadian law, a Canadian facility must obtain permits under the Fisheries Act to import or export cetaceans.
• Canada’s Fisheries Act permitting process for the importation or exportation of cetaceans is independent from the approach used by foreign governments to address similar requests.
• In keeping with Canadian law, the cetacean’s welfare or the validity of the proposed scientific research is to be taken into consideration.
• Marineland submitted an application that has been determined to meet the departmental permitting requirements that have been in effect since June 2019.
• For this reason, I have decided to authorize the export of the five beluga whales to Mystic Aquarium in the United States.

If Pressed on Vancouver Aquarium’s Pacific white-sided dolphin (“Helen”) and its possible export to SeaWorld of Texas in San Antonio, United States
• This dolphin is the only remaining cetacean at the Vancouver Aquarium.
• For this reason, I have issued a Fisheries Act permit to authorize the export of the dolphin to SeaWorld of Texas, since it is in the best interest of the animal to be relocated to a facility where it can receive adequate care and socialization.
• SeaWorld confirmed to my department that it does not intend to breed the dolphin, nor transfer the dolphin to another facility, and that it will make ongoing efforts to protect the animal’s welfare.
• Overall, this transfer will provide the dolphin with a stable long-term home, and will offer it welfare benefits through enrichment and socialization.
If Pressed on the Link Between the New Fisheries Act Permits and CITES Permits
• The new Fisheries Act permit requirements for importing or exporting cetaceans are in addition to requirements under “CITES”, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, to which Canada belongs.
• 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 risk of injury or risk to health.
• 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.

Canadian legislation aimed at ending the captivity of cetaceans
• In June 2019, stipulations aimed at ending the captivity of cetaceans were added to the Fisheries Act and the Criminal Code; this 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.
• Additionally, while the cetaceans that were in captivity in Canada at the coming into force of the new legislation can remain in captivity, the Criminal Code prohibits using captive cetaceans in performances for entertainment purposes, unless the facility obtains a licence from the province in which it is located.

Permitting process for exporting cetaceans
• Prior to 2019, there were no specific provisions in the Fisheries Act to address the import or export of live cetaceans. However, to export live cetaceans that are listed under the Convention on the International Trade in Endangered Species of Wild Flora and Fauna (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 (DFO) on behalf of Environment and Climate Change Canada (ECCC), which is responsible for CITES 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, which is verified through the appropriate documentation; and,
• whether the animals will be moved in a way that will minimize the risk of injury or risk to health (this includes confirming that the International Air Transport Association (IATA) regulations are followed in the case of air travel).
• In addition to the above CITES permitting requirements, the Fisheries Act prohibits the import or export of cetaceans except in accordance with a permit issued by the Minister of Fisheries, Oceans and the Canadian Coast Guard. This means that in order to export a cetacean, a Canadian aquarium needs to obtain both a CITES permit and a Fisheries Act permit.
• Under the Fisheries Act, the Minister of Fisheries, Oceans and the Canadian Coast Guard may issue a permit authorizing the importation or exportation of a living cetacean if the transfer is in the best interest of the animal or is for scientific research. The Minister may impose any conditions that he or she considers appropriate in the permit and may also amend, suspend, or cancel the permit.
• DFO has drafted a suite of policies to guide the Minister’s decisions in issuing Fisheries Act permits related to cetaceans in captivity. An online public consultation on these policies was conducted from August to November 2020, where close to 9,000 submissions were received by DFO. The Department is now working on finalizing the policy documents. In the meantime, interim permitting criteria have been used to make recommendations on export permit requests received by the Department since June 2019. It is expected that the final policy documents will stay consistent with the interim criteria.

Current export projects of cetaceans
• There are only two aquaria in Canada that hold cetaceans: Marineland in Niagara Falls, Ontario; and, the Vancouver Aquarium in British Columbia.
• The Vancouver Aquarium holds one solitary Pacific white-sided dolphin, which is expected to be exported to SeaWorld of Texas in San Antonio, United States (US), in the upcoming months for welfare reasons. All the required Canadian authorizations, including a Fisheries Act permit issued on December 18, 2020, are in place for this export project. On April 15, 2021, it was announced that the Vancouver Aquarium had been sold to Herschend Enterprises, a privately owned tourism company based in the US to avoid shutting down as a result of financial losses over the past year. The Department will liaise with the Vancouver Aquarium to request an update on its plan for the dolphin.
• Marineland holds one orca whale, five bottlenose dolphins, and a population of around 55 beluga whales.
• 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 to the Oceanogràfic Aquarium in Valencia, Spain, to conduct scientific research. As of April 2021, the two beluga whales have not yet been transferred to Spain.
• On August 27, 2020, the US National Oceanic and Atmospheric Administration (NOAA) issued permits to Mystic Aquarium in Connecticut, US, to transfer five beluga whales from Marineland to Mystic to conduct scientific research. The permits include restrictions on breeding and public display. An US animal rights group named “Friends of Animals” has attempted to block the transfer through litigation. The US permitting process and decision are of interest to DFO, but Canada’s Fisheries Act permitting process for importing or exporting cetaceans is independent from the approach used by the US to address similar requests. As of April 19, 2021, all the required Canadian authorizations, including Fisheries Act permits issued on April 17, 2021, are in place for the export of three of the five beluga whales to Mystic. Fisheries Act permits for the two remaining beluga whales are expected to be issued upon receipt of an attestation of good health.

Stakeholders’ positions
• The animal rights groups recognize that the welfare of the solitary Pacific white-sided dolphin held at the Vancouver Aquarium would benefit from a relocation to a facility where it could receive adequate care and socialization. Their main concerns are related to the potential breeding and uses for entertainment purposes of the dolphin at the new location.
• Marineland and Ocean Wise’s beluga export projects to conduct scientific research have been criticized by animal rights groups, which have warned the Government of Canada that transferring cetaceans currently hosted in Canadian facilities could weaken the animals’ legal protection and be equivalent to “outsourcing the cetaceans’ suffering” to other countries. The animal rights groups are also concerned about: the transportation impacts; the break of the social links established at Marineland; perceived inadequacies of the receiving facilities; the possibilities of aggression and over crowding; the difficulty of preventing breeding; and, the potential uses for entertainment purposes of the beluga whales, which could both impact their welfare and contribute to increasing the commercial value of captive cetaceans.
• In addition, the animal rights groups have suggested that the proposed scientific research could be advantageously conducted at Marineland (on a larger beluga sample) and that the only alternative option for cetaceans at Marineland should be a genuine seaside sanctuary. Of note, as of April 2021, there is no operational seaside sanctuary in North America. In August 2020, an organization in Iceland transferred two beluga whales into a seaside pen sanctuary, which is the first in Europe. This Iceland project is still in a test phase and no big issues have been reported until now. The two beluga whales were recently put back in a concrete tank on a temporary basis to avoid risks associated to the harsh conditions of the winter months.
• While sanctuary projects are still under development, some animal rights groups are willing to accept the transfer of a limited number of Marineland’s beluga whales to foreign aquariums, if strict permitting conditions are established to limit breeding risk, the use of the beluga whales for entertainment purposes, and subsequent transfers to other foreign facilities.

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