leagal aspects of the whale watching.pdf - International Fund for ...

CANADA
The conservation of whales in Canada comes under the authority of the Federal government. Whales generally are
managed under the Marine Mammal Regulations enacted pursuant to the Fisheries Act. Although whale watching
activities are not directly regulated, the Department of Fisheries and Oceans has issued general guidelines relating to
the protection of all whales in Canada and regional guidelines for the St. Lawrence beluga whale and the northern
right whale whilst in the Bay of Fundy. Whale watching is popular in Canada and occurs off the provinces of British
Columbia, Manitoba, Quebec, New Brunswick, Prince Edward Island, Nova Scotia, Newfoundland and the Northwest
Territories.
A section in the Marine Mammal Regulations provides for some exercise of enforcement power concerning whale
watching activities. Section 7 states that: "No person shall disturb a marine mammal except when fishing for marine
mammals under the authority of these Regulations." Accordingly, the Federal government can take enforcement
action if a person disturbs a marine mammal by conducting an activity that is not authorised under the Regulations.
Whale watching is such an activity. Penalties for contravening the marine mammal regulations under the Fisheries
Act include a fine up to $500,000 (Canadian) and twenty-four months imprisonment, or both.
Both the Federal and provincial governments have introduced some new initiatives which could be applied to whale
watching management. These include:
MEXICO
• Enactment of an Oceans Act in January 1996 which provides authority to the Minister of Fisheries and
Oceans to establish marine protected areas up to the 200 nautical mile limit of the EEZ. Marine protected
areas could be established to protect whales. Regulations can be adopted including measures consistent
with the purpose of the designation and the prohibition of activities within the marine protected areas.
• Expansion of the National Parks system to include National Marine parks. Criteria are being developed for
the establishment of such parks. New legislation is pending in the Canadian parliament which provides for
the creation of the St. Lawrence-Saguenay Marine park. This mirrors legislation introduced in the Quebec
provincial National Assembly for the same area. The purpose of the park is to increase the level of protection
of the ecosystems in a portion of the St. Lawrence River and Saguenay estuary for conservation purposes.
The park will cover a critical habitat of the endangered St. Lawrence beluga whale.
• Amendment of the Canada Wildlife Act, administered by the Minister of the Environment. As amended in
1995 it allows for the creation of protected marine areas within any fishing zone up to the 200 nautical mile
limit of the EEZ. To date, none has been established. One is, however, under consideration in Isabella Bay,
Northwest Territories. This area includes the habitat of the endangered Eastern Bowhead Whale.
• The province of British Columbia has set aside land in an ecological reserve pursuant to the Provincial
Ecological Reserve Act. This land in the "Robson Bight (Michael Bigg) Ecological Reserve" is adjacent to
Johnstone Strait. The pebble beaches used by the killer whales for rubbing and resting are protected within
the reserve.
Regulation of whale watching in Mexico falls entirely under Federal authority pursuant to the General Law of
Ecological Equilibrium and Environmental Protection, adopted in 1988 and revised in 1996. In addition, Federal
fisheries and tourism laws include complementary provisions relating to whale watching. States have the power to
regulate in this field but have not yet done so, although they will be asked to take more responsibility in this and
14 Legal Aspects of Whale Watching