CANADA IS BOUND BY LAW OF THE SEA TO PROTECT ENDANGERED WHALES, THEIR HABITAT, AND THEIR FORAGE (Updated February 14, 2020)
I’m currently researching once more the various treaties and laws that oblige the Government of Canada to protect Right Whales, Finbacks, Porpoise, their habitat, and forage as well as any other endangers marine species including birds and invertebrates. It is clear at the outset that Canada is obliged to protect the Bay of Fundy and the listed whales that occur there as well as the fish, krill and copepods on which they feed.
Proponents of developments in the Bay of Fundy, the government departments involved, the State of Maine which owns part of the Bay of Fundy, and federal governments of both the US and Canada are obliged to proceed with caution when approving coastal and shipping developments. Unfortunately, their procedures of late seem to ignore their legal obligations.
Meanwhile, representatives of the State Department continue to parrot the red herring of “innocent passage” under the United Nations Convention on the Law of the Sea (UNCLOS). But the US has not ratified and consequently has no rights under UNCLOS.
Canada, however, has ratified the treaty and is bound to provide protection on this basis or under the domestic Species at Risk Act. Similarly, although they are not signatories of UNCLO, Americans under domestic endangered species laws are bound to protect these species in foreign locals.
My take tonight. Art MacKay