Oceans Act – Marine Protected Areas

One of the more effective tools in the Oceans Act is the Marine Protected Areas.  While much of the Act calls for planning that is not legally enforceable, Marine Protected Areas actually have teeth. 

A Marine Protected Area can be created by the federal Cabinet (usually on the recommendation of Fisheries and Oceans Canada, which administers the Oceans Act) to protect an area of ocean for the conservation and protection of:

·         commercial and non-commercial fishery resources, including marine mammals, and their habitats;

·         endangered or threatened marine species, and their habitats;

·         unique habitats;

·         marine areas of high biodiversity or biological productivity; and

·         any other marine resource or habitat as is necessary to fulfil the mandate of the Minister of Fisheries and Oceans.

Once created, the Cabinet can pass regulations restricting what activities can be carried out in the area or making other rules as necessary to protect the ocean resources for which the Marine Protected Area was created.

The Oceans Act contemplates that Marine Protected Areas will be identified and designated as part of Integrated Management Planning, which will eventually result in a national network of Marine Protected Areas.  However Cabinet can also designate a Marine Protected Area on an emergency basis (although this designation will expire 90 days after it is made).

There are two other legal tools that can be used to protect marine areas, and which look a lot like Marine Protected Areas: 

The federal Minister of Cultural Heritage can create National Marine Conservation Areas under the National Marine Conservation Areas Act;

The federal Minister of the Environment can create Marine Wildlife Areas (or National Wildlife Areas if located in territorial waters – 12 km or less from the shore) under the Canada Wildlife Act.

Related Guide Pages:

·         Oceans Act

 

For More Information About Marine Protection Areas:

·         Text of the Oceans Act

·         Bibliography on Benefits of Marine Protected Areas

·         Marine Protected Areas – A Strategy for Canada’s Pacific Coast – A Fisheries and Oceans Canada Discussion Paper

·         Marine Protected Areas and Fisheries Closures in British Columbia.