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 actively working to develop a detailed policy and permitting process for future import or export requests.
• For transparency purpose and because these issues are so important, we are currently conducting a 90-day online public consultation on this suite of policies, until November 18, 2020.

New Canadian legislation aimed at ending the captivity of cetaceans
• Since June 2019, there are new stipulations in the Fisheries Act and the Criminal Code aimed at ending the captivity of cetaceans; 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.
• 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 now 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 amended 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 now 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 policies to guide the Minister’s decisions in issuing Fisheries Act permits related to cetaceans in captivity. They are currently going through public consultation (August 20, 2020 to November 18, 2020).

Current exportation projects of cetaceans
• There are only two aquaria in Canada that hold cetaceans: Marineland in Niagara Falls, Ontario; and, the Vancouver Aquarium (managed by Ocean Wise) in British Columbia.
• Marineland holds one orca whale, five bottlenose dolphins, and a population of around 55 beluga whales, some of which became pregnant before the new legislation.
• 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 Valencia, Spain. As of mid-September 2020, the two beluga whales have not been transferred to Spain yet. The draft policies currently under public consultation are consistent with the interim criteria that were used in August 2019 to review the permit requests submitted by Ocean Wise.
• On August 27, 2020, the United States (US) National Oceanic and Atmospheric Administration (NOAA) issued permits to the 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 American animal rights group is attempting to block the transfer through litigation.
• To complete the above transfer to the Mystic Aquarium, Marineland will be required to obtain export permits from DFO (i.e., five CITES permits and five Fisheries Act permits). Canadian animal rights groups have also expressed strong concerns about this potential transfer.
• 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.

Stakeholders’ positions
• Marineland and Ocean Wise’s beluga export projects are opposed by animal rights groups, which have warned the Government of Canada that transferring cetaceans currently hosted in Canadian facilities would weaken the animals’ legal protection and be equivalent to “outsourcing the cetaceans’ suffering” to other countries.
• If the proposed transfers to Spain and the US occur, the animal rights groups worry 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 commercial uses of the beluga whales.
• The animal rights groups also suggest 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 September 2020, there is no operational seaside sanctuary in North America. During August 2020, an organization working on a beluga sanctuary project in Iceland transferred two beluga whales into a seaside pen, which is the first in Europe. This Iceland project is still in a test phase.

Exports to Mystic Aquarium
• 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 and prohibit shark finning in Canada.
• In the summer of 2019, the decision was made to approve the transfer of two belugas from Marineland to a facility in Spain managed by Ocean Wise, based on scientific research and the wellbeing of the animals.
• 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.

Marineland’s Beluga Export Project to United States
• Under Canadian law, a Canadian facility must obtain permits under the Fisheries Act to import or export cetaceans. To date, no permits have been issued for any cetaceans destined for the United States.
• 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 will be taken into consideration.

If Pressed about the Issuance of Fisheries Act Permits to Ocean Wise to Export two Beluga Whales to the Oceanogràfic Aquarium in Valencia, Spain:
• Fisheries Act export permits were approved in keeping with the new Canadian legislation related to cetacean captivity, which allows for issuing exportation permits for the purpose of conducting scientific research.
• Some of the work included in the Oceanogràfic’s Research Strategy for Beluga whales has the potential to be useful to Canadian research priorities.
• Additionally, the Oceanogràfic’s facilities and animal care practices meet recognized aquarium accreditation standards, and Ocean Wise has committed not to use the Beluga whales in a breeding program.

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.