Question Period Note: Marineland Cetaceans Import or Export

Marineland Cetaceans Import or Export

To better protect whales, 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 whale or are for scientific research.

Under this authority, in May 2021, my predecessor approved the transfer of five beluga whales from Marineland to Mystic Aquarium in the United States.

I can confirm that I have not received any additional requests to export cetaceans since the transfer in May. In Canada, aquatic parks and animal care fall under provincial jurisdiction.

If Pressed on Marineland’s Beluga Export Project to Mystic Aquarium in United States
The protection and conservation of our wildlife and marine species is a priority for our government. Our government took leadership by adopting provisions to ban the captivity of whales and dolphins in Canada.

Under Canadian law, a Canadian facility must obtain permits under the Fisheries Act to import or export cetaceans. The validity of the proposed scientific research and the cetacean’s welfare are taken into consideration as part of that permitting process.

I was saddened to learn of the death of Havok, one of the beluga whales, subsequent to the export, due to a medical condition.

Should further requests be made for the import or export of cetaceans, considerations will be made in accordance with the applicable Fisheries Act provisions and supporting policy to implement the legislation.

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.
• CITES export permits for aquatic species are issued by Fisheries and Oceans Canada (DFO) on behalf of Environment and Climate Change Canada, 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 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 developed 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. On May 11, 2021, the Minister of Fisheries, Oceans and the Canadian Coast Guard approved the finalized policy documents which had been strengthened following public consultation. Interim permitting criteria consistent with the final policies has been used to make recommendations on export permit requests received by the Department since June 2019.

Recent export projects of cetaceans
• 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 October 2021, the two beluga whales have not yet been transferred to Spain.
• In April 2021, the Vancouver Aquarium exported one solitary Pacific white-sided dolphin to SeaWorld of Texas in San Antonio, United States (US) for welfare reasons after receiving all the necessary authorizations.
• On May 14, 2021, five belugas whales were exported to Mystic Aquarium in Connecticut, US, following the issuance of all the required Canadian authorizations, including Fisheries Act permits issued on April 17, 2021. On August 6, 2021, it was announced by Mystic that Havok, one of the belugas that had been exported, had died resulting from a pre-existing gastrointestinal condition.
• Marineland is the only aquarium in Canada that currently holds cetaceans. While not confirmed, it is understood that the facility holds approximately one orca whale, five bottlenose dolphins, and a population of around 50 beluga whales. None of the cetaceans were caught in Canadian waters.

Recent media coverage
• Recent media coverage has heightened public concerns regarding the welfare of cetaceans at Marineland, including: the recent death of the beluga whale Havok that had been transferred from Marineland to Mystic Aquarium in the United States, reports of poor water quality at Marineland, and a viral video depicting the solitary orca, Kiska. An online petition to “free Kiska” has garnered over 330,000 signatures as of October 2021. While some animal rights groups have looked to the federal government for action in this area, aquatic parks and zoos, animal care and private property of animals are under provincial jurisdiction in Canada.
• 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. They also wish to see both federal and provincial governments support and expedite the creation of sanctuaries to allow for transfer of Marineland’s belugas.

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