A Canadian Perspective: An Ocean Policy Examination © Author: Allan Gowan-Smith, B.A (Distinction), B.Sc., M.S. (in progress) Class: Coastal Policy Professor: Steffan W. Schmidt 2003 ©Allan Gowan-Smith. All rights reserved. You must cite the author. 1 Abstract The Canadian perception of the oceans that surround it and the policy that Canada has is unique from other countries in the world. This paper articulates and evaluates Canadian policy regarding the oceans that surround it. Canada’s current ocean “vision” is different from that of other countries of the world as a result of varied population, diverse economic interests and large land mass. In Canada the “vision” takes form from two key documents Canada’s Oceans Act and Canada’s Oceans Strategy (COS). These materials have been examined along with a Canadian policy perception study to define an accurate Canadian Policy Perception (CPP). This allows one to arrive at a general inclusive consensus on how typical Canadians value their oceans. There appears to be agreement in a general sense in terms of environmental outlook in principles of sustainability among Canadians although there are issues regarding a consensus on a CPP “national sense” vs. CPP “local sense”. The limitations of this paper are also addressed. This paper will move beyond the general ideas that have been established and look at the policies and operational framework that defines Canadian policy as well in design and real-life. Keywords: policy, oceans, sustainable development, management, Canada, policy analysis, vision, coastal, public opinion, resource, public perception, Canada’s Oceans Strategy (COS), Integrated Management Introduction This paper articulates the Canadian treatment of its oceans in the future. It will provide an accurate overview of Canada’s ocean policy. It is not intended to be the definitive text on policy but rather will use the overview to address the environmental sustainability issues that involve Canada’s oceans. When completed the paper will provide a glimpse into Canada’s vision of the ocean’s that surround it. The vision that Canada’s has is very individual and is not the same as other countries of the world. Canada’s current ocean “vision” is different from that of other countries of the world as a result of varied population, diverse economic interests and large land mass. In Canada the “vision” takes the form of Oceans Act and Canada’s Oceans Strategy. The Oceans Act provides a framework for current and future management directions and program and mandates the Minister of Fisheries and Oceans to develop a national ocean management strategy for Canada. Canada’s Oceans Strategy comes out of the Oceans Act mandate. Canada’s Oceans Strategy document provides for policy direction that is described as an integrated approach to oceans management that allows for the 2 coordination of policies and programs across different governmental levels and an ecosystem-based ocean resource management and environmental assessment. When Oceans Act and Canada’s Oceans Strategy are taken together the result is a government “vision” of policy, which guides all areas that involve Canada’s oceans. Canadian Policy in Context Canada has a number of characteristics that results in unique ocean policy that differs from most other countries in the world. Canada is a nation that is surrounded by three major oceans and it has the longest coastline of any country. Facts such as these along with new international conventions (particularly the United Nations Convention on the Law of the Sea or UNCLOS) make this point in the development of Canada’s oceans policy critical, not just for the nation of Canada itself but in a global context as well. Canada is not often though of in an ocean context due to its large land mass and geographic location. In fact, Canada is an ocean nation whose economy, environment, and social aspects are linked to the ocean and coasts. Bordered on three sides by ocean Canada has a vast and diverse coastline and this means diverse industry and social relationships to the ocean. Canadian oceans further define a large part of the national identity of Canada in terms of sovereignty and national security. The oceans provide Canadians with enormous potential now and in the future in terms of Canada but also the world. Canada’s ocean and coasts are a critical influence in a global sense as they regulate climate and provide keys to understanding environmental changes such as global warming, species shift, and el nina/el nino. Canada has tens of billions of dollars in activity that is ocean related and much more in terms of what passes through Canada’s oceans. Canada’s oceans offer huge potential in future opportunities as well. The increasing number of different interests makes management of oceans more difficult and complex as Canada starts the 21st century. Where once traditional fishing and shipping industries only involved Canadians they now share the oceans with many others from all around the world. As the issues and conflicts and policies get more complex it is essential to ensure that ocean policies are clear, developed and cohesive. In past decades the oceans policy of Canada has been reactive rather than proactive in nature. Rather than letting the world and its events dictate policy the Canadian government is seeking to establish a new, current ocean strategy. This new policy should allow Canada to champion its own progress into the future. Canada’s Ocean Strategy (COS) This document provides the strategic framework for Canada’s programs and policies. The strategy provides the overall strategic structure and is based upon the principles of sustainable development, integrated management and the precautionary approach. The control and power mechanism of this strategy is integrated management plans. The integrated management process regarding ocean policy has six stages, which are related to one another: 3 1. defining and assessing a management area; 2. engaging affected interests; 3. developing an integrated management plan; 4. endorsement of plan by decision-making authorities; 5. implementing the plan; and 6. monitoring and evaluating outcomes. The Strategy is the policy and operational framework for integrated management of the coastal and marine environments in Canada and it works in concert with Canada’s Oceans Act to form the official policy of Canada. Policy and Operational Framework for Integrated Management in a Canadian Context from the COS Up to now the CPP has been laid out and policy has been outlined in a general sense. In this section I will detail the policy and operational framework that is present in Canada. It will contain the policy aspects and guidelines that have been motioned previously and expand upon them. Integrated Management Policy and Elements Having an integrative management approach to ocean and coastal resources in a nation as vast as Canada involves consideration of impact effects at an ecosystem level. While ecosystems do occupy generally defined areas they are very fluid in the sense that they shift over the course of time. Ecosystems also interact with one another and humans are increasingly having larger and larger impacts. In the past the policies in Canada (as well as elsewhere) have focused on single species or single activities or in single ecosystems. As a result of this kind of management there have been high times and low times because ecosystems are not onedimensional. Canadian examples here are numerous but the Cod fisheries in the Maritimes (east coast) and the Salmon fisheries in British Columbia are examples that have been well documented. The COS and the operational framework being put in place attempts to look at multiple environmental dimensions from a variety of social, economic, and practical perspectives. Once the policies are incorporating the correct policy elements into them the concept of Integrated Management can then be used effectively. As defined in the policy documentation of Canada Integrated Management can be further detailed. Integrated Management is designed to be a very (1) comprehensive and inclusive planning process to manage the activities that occur on the coasts. Hopefully management will allow planning so that activities do not detrimentally interfere will one 4 another and so that all the factors are considered in a conservation and sustainable manner; (2) a collaborative approach that is not forceful to any of the parties that are involved as it is designed to encourage compliance in a voluntary way; (3) Integrated Management is a flexible and open planning process that respects existing boundaries in a Canadian constitutional, and governmental sense while respecting rights of all Canadians that has been established in law previously. In Integrated Management there are also key elements that are important: • Planning that is based on natural and economic spheres of influence rather than political boundaries. • Identification of environmental-based perspectives that can be used to guide decision makers. • Acknowledgment on the fact that there is a complex relationship between coastal resource use and environmental impacts. • Integration of data collection, analysis, distribution, and education is to be used where possible. • Creation of a means to bring interest groups and individuals together in attempts to resolve conflict. • Use of a collaborative approach in planning so that new work to produce policy is not always necessary. Examples include using existing legislation, regulatory bodies etc. where possible. • Consideration of cumulative effects in terms of policy and the environment. • Harmonization of planning, management, policies, and regulatory areas to increase the effectiveness of the efforts that is involved (efficiency is desired). It is made clear a number of times in the documentation that Integrated Management is meant to be very applicable and not purely a thought exercise. Integrated Management as stated in the COS Integrated Management Framework section is “essentially a simple and common sense approach to use, protect and conserve Canada’s oceans and coastal waters. Its development and application will benefit all Canadians and ensure that Canada continues to set an international example in the stewardship of its marine resources”. Integrated Management and Governance of Collaboration Collaboration is the governance model that Canada has chosen to work with the Integrated Management model. It is based upon the Co-Management guide developed by the National Roundtable on the Environment and the Economy in 1998. At the heart of governance in Integrated Management framework is a desire to encourage citizen input in the broadest terms. This means government at all levels, corporate interests, private interests, and general interests at all possible levels from local to national to international. The policies identify the following participants in the collaborative governmental process: 1. Federal Authorities—to be an effective management scheme Integrated Management must involve various federal authorities with formal management and regulatory procedures. Specifically, in reference to coastal areas, this 5 2. 3. 4. 5. 6. includes control of transportation and navigation and issues of sovereignty and trade under federal influence. Provincial/Territorial/Regional---must be involved because many impacts to the coastal environment are the result of land-based activities and may not be covered strictly by coastal focused policies and Integrated Management notions. Aboriginal---impacts and influence must be respected, identified, and incorporated into the collaborative process. Specifically here are treaty rights and existing government agreements. Industry and resource users---need to be involved and these would include industries such as fishing, aquaculture, oil and gas, mineral exploration, and travel and tourism. Non-Governmental Organizations (NGO’s)---at all levels groups that are involved in coastal areas and interests are to be included in the collaborative process. Academic/Science---is to provide the needed knowledge and input where possible. The initial need is expected to be information that allows a successful shift from sector-specific management to ecosystem-based management. Collaborative management and governance is expected to be adaptive in nature. This means that there is a “learning by doing” process that is ongoing over time. The Integrated Management process realizes that the system is not problem-free and as a result will constantly be reassessed. With this in mind the policy of Canada recognizes that objectives and policies must reflect ecosystems that are within other larger systems and has classified these into two areas as follows: 1. Large Ocean Management Areas (LOMAs)---these are areas that cover a large portion of ocean and coastal zones and extends to jurisdictional Canadian boundaries. An example here would be the Grand Banks or Eastern Shelf region. 2. Coastal Management Areas (CMAs)---are small areas of ocean and coast that include specific communities and industry and are found within the LOMAs. It is hoped that by having some separation of management areas that issues that arise can be dealt with effectively at the proper scale and level of influence. Canada’s Ocean Act Canada’s oceans act was brought into force in January of 1997 making Canada the first country in the world to have comprehensive ocean management legislation. The Oceans Act is also based upon the ideas of sustainable development, the precautionary approach and integrated management. The Oceans Act provides the legislative and legal power to implement the Strategy ideas. Important here is to note the Oceans Act came into being before Canada’s Ocean Strategy (COS). This is critical in that legislative power was put in place first, thus allowing the forthcoming strategy to solely focus on desired oceans policy free from 6 encumbrance that normally hinders policy statements when there is no legislative mandate in place first. The most important sections of the act have been included here (author descriptions). Section 30- provides the foundation for the COS to be based on the principles of sustainable development, integrated management and the precautionary approach. Section 31- the Minister of Fisheries and Oceans in collaboration with other government offices shall facilitate the development and implementation of integrated management procedures. Section 32- The Minister is empowered to establish and manage needed programs and policies, advisory and management bodies, and environmental quality guidelines to compliment section 31. Section 35(2)- Mandates the development of a national system of protected ocean areas. Section 40- The Minister of Fisheries and oceans is the individual identified as being responsible for all ocean matters not assigned by law to other departments or government offices. The Oceans Act is a very specific document that works to provide the legislative power to produce powerful legislation and because the COS developed after the pieces were in place it was able to lay out a strategy with lasting effect. General Canadian Policy Perception Attempting to get a standard Canadian picture of policy in such a diverse and large country is exceedingly difficult. Measures to do this typically are only effective at a local level. Fortunately Scott Coffen-Smout conducted the Canadian Ocean Assessment, a CIDA-funded research project conducted for the Canadian Operational Centre of the International Ocean Institute on behalf of the Geneva-based Independent World Commission on the Oceans. This project surveyed Canadians regarding policy issues relating to oceans. I have examined some of the survey results that were common with what I had discovered in my own investigation to come up with what I think is a general Canadian perception of oceans policy. Some of the most important finding are included below: The report is based upon surveying opinion from educational representatives, individuals from government as well as the general grass roots (public). The purpose of the paper was to get the pulse of Canada in respect to ocean policy. The notes that this is the first time that mailed surveys have been used to solicit public opinion regarding Canadian ocean development. The survey responses give insight into the general consciousness of Canadians in four main areas. These are: (i) perception of pollution in Canada’s oceans; (ii) principles 7 and values regarding Canada’s coastal zone and oceans policy; (iii) assessment of sustainable development notions and practices in Canada; and (iv) oceans policy community attributes. I have taken the report and summarized the conclusions of the four main areas. Marine Pollution in Canada The general consensus is that land-based pollution sources along with shipping operation pollution are the most important sources of ocean pollution in Canada. The report notes that it is important to remember that this perception may or may not be consistent with scientific information or the views of other countries in the world. Regarding specific ocean regions and pollution the concern was for all the oceans (Atlantic, Arctic and Pacific). The concerns for the Atlantic and Pacific by Canadians were focused around cities and fisheries and for the Arctic region the pollution concerns were a concern for atmospheric (global warming and ozone hole) as well as transportation. One important point that seems clear from the report but which is not mentioned is the fact that the marine pollution concerns were all based on point source concerns from the cities (population centers) and not concerns that stemmed from marine pollution affecting Canadian oceans from other countries. This is an important point because many countries are increasingly focusing on marine pollution across international borders. Principles and Values of Canadian Ocean Policy In this portion the respondents voiced principles and values, which should be included in Canadian oceans policy. The respondents were also asked to address the various impacts that principles and values have had on Canada’s oceans as a result of inclusion or exclusion of the principles and values in practice. Policy that had negative impacts on coastal resources included: • • • • Government Subsidization of the Private Sector The Profit Motive Resource Utilization Economic Competition Policy in Canada does not adequately address the following areas according to those surveyed: • • • • • • Human Rights Gender Equity Polluter Pays Community-based Management Biodiversity Intergenerational Equity 8 Canadian Perceptions on Policy and Sustainable Development Policy in Canada was considered by most to have the following elements addressed in policy: • • • • International Co-operation Sustainable Use of Resources Consultation Environmental Stewardship While the survey indicated that many of the ideas behind sustainable development are present in Canadian policy the survey indicated that most respondents were critical of current Canadian practices in support of sustainable development concepts. The survey found that only Vessel Traffic Management (21 management practices identified in survey) had a score of 3 or better on a scale from 1 to 5. What this indicated is that the ideas of sustainable development are present but it is thought that they are just not being implemented to a satisfactory degree. Indications in the survey suggest that in terms of sustainable development the problem, according to those surveyed, was integration of environmental policies with economic policies as well as co-operation between the federal and provincial levels of government (national and local levels respectively). It is clear that this portion of the survey is consistent with what is perceived to be the case in many countries around the world--mainly that people have and support the ideas of sustainable development as being important to include in policies but that there is no evidence that theses ideas actually occur in reality. 9 Canadian Oceans Policy Community Attributes In terms of community those surveyed were asked to characterize the individuals, agencies, communities, and organizations that work in and around our oceans. In this way the key features of the policy community in Canada could be identified. The main conclusions were that: (1) The policy community in Canada was seen as fragmented in policy direction and values. An example here would be policy that is consistent with sustainable development being in contrast to another, equally valued, economic policy. (2) The majority found that there was conflict between local coastal community ideas and policy. Policy does not represent and address needs of community in light of future directions for ocean development. (3) The policy community relies on national funding for research and this research is dominated by fisheries policy concerns with weak support of technology development. The main conclusions along with other data (not included here) lead the authors to conclude that there is a division within the policy community areas within Canada. Further, it was found that there is wide disagreement between the government’s role and the objectives the policy. The take-home point in terms of community is there was no perceived agreement between the members of the community. Final Survey Conclusions The survey has a number of interesting statistics regarding average Canadian views on policy regarding oceans. But it is the general conclusion that is the most interesting--in terms of a CPP. The paper concludes by saying that there is widespread and rampant disagreement over the objectives of policy and its artifacts and the role of the government (on many levels from local to regional to national). Further the survey concludes “Canadians exhibit a considerable range of dissonance and harmony regarding their values for the oceans and their perceptions of the strengths and weaknesses of the governments and institutions managing Canada's oceans. There is a need to seek consensus on values for Canadian marine regions.” This leaves us with CPP that is not consistent across Canada and one must conclude that a detailed policy statement is not possible because there are so many variables. But we must remember also that policy itself is simply a high-level overall plan embracing the general goals and acceptable procedures. This is fundamental and of critical importance. It does appear that this is present when one looks at the survey results. The survey is correct in its assertions about the difference of opinion among the members of the policy community but it is this authors opinion that this aspect will almost always be identified in any survey the is broad ranging. This is because within any issue, policy, community there will be different drivers of concern and this causes 10 discord where community groups are involved. The simple truth is that policy is a statement about direction and value and how issues that arise are to be approached for resolution. It seems pretty clear that the CPP should not really be thought of as not consistent across Canada but rather as not consistent within the communities that are concerned only with policy. I would argue that the people of Canada agree with policy as it is meant to be (the principles) but often get caught up in the details of policy and the required actions to get the correct (sustainable development) result. This is seen in the survey under sustainable development where the ideas are seen as there but the realities of the policies prove that these ideas did not materialize. The overall plan, general goals is really all that needs be defined in terms of a broader more inclusive policy statement. And for Canada and many countries in the world this broader statement is generally already present. These are the three principles to guide the policy decisions that were mentioned previously. These principles are: sustainable development of ocean resources, a precautionary approach as part of all operations, and integrated management of ocean resources and activities. This can be seen when one examines CPP with Global Perceptions. Reconciling Canadian Policy Perceptions with Global Perceptions Canadian policy perception is not consistent across Canada or across the world. But, the general principles of sustainability are consistent. This is a great revelation because a common excuse that people, governments and countries use at all levels is that the policies regarding X are different. If they are the same, as I believe they are, then the question becomes—how can outcomes be so different if policy is the same? Now at least any dialogue and progress that occurs focuses on the true nature of the beast. Regarding oceans and sustainability and our desires the important policy question is whether or not we as individuals, Canadians, or in a global “common” context really believe in the policy itself. If the policy that we claim to hold as our own is not really the policy that is used or if the results do not represent properly where policy should achieve then environmental sustainability regarding oceans will never occur. This is where many people believe that we are today and why the environment and ocean resources in particular continue to degrade year after year. Limitations/Future Directions for the CPP Clearly the problem with defining a common Canadian Policy Perspective (CPP) is the fact that it is the fact that there are so many different viewpoints. The survey results show this but they also show that in the area of principles and values that there is agreement. This is critical. If there was no agreement in this area then there would be no foreseeable agreement in the future with assessment of practices or within the policy community. While there was no agreement in these other areas as evidenced by the survey results the future does look promising. The ideas are there it just takes time to develop them. The first step in all this is to see where we are at as Canadians. The result 11 is that there is a lot of work left to be done (the survey concludes with 50 recommendations). Another important limitation to the survey is the fact that in terms of policy and legislation both the Oceans Act and Canada’s Oceans Strategy are relatively new. It generally takes a long time before the policies and even the legislation works its way into the consciousness of the public as well as economic sector Concluding Comments It seems clear that in terms of policy that at a certain level policy can be said to be in agreement while at others it is not in agreement. It all comes down to policy levels. The problems we see with the environment, and oceans in particular, is that there is not any consistency among policy or the forms that it manifests into across levels. I believe that it ultimately comes down to the individual. It is the authors personal opinion that most people on the earth, particularly those of the most developed countries, really believe in the principles of sustainable development of ocean resources, a precautionary approach, and integrated management of ocean resources and activities. The problem lies with taking the required actions that will allow people to have an effect that is positive on the environment. When the policies of a country like Canada reflect the general ideas and vision then the CPP is consistent in broad terms. In this way Canada has a CPP that I argue is consistent to a great extent. There will be areas where a common perspective cannot be found but this will most often involve the acts and legislation not the general driving principles. A common vision has been articulated and analysis with respect to globally accepted ocean management and sustainable development has been presented. What you see is policy that is common on certain levels and not on others. In the largest context (sustainability etc.) there is consistency among not only Canada but globally. In the other contexts policy is different. A key notion that comes out of this paper on policy is that like most things scale is critical and that in the most general sense policy is nothing more than values that we hold. That is the most painful part about environmental damage and oceans. The values that we have are different and we often pretend that they are not and we pass these differences off as “policy”. It is clear that a CPP, while not easy to articulate in great detail, is present and the COS and Oceans Act articulate the vision Canadians. There are issues to be examined, especially implementation and realization of policies, as articulated in the survey that was conducted. The important first step has been taken and only the future will tell. All indications are that Canada will lead the world into the future with a strong vision and policy direction. 12 Sources Used The sources and references used for this paper come from the Internet, public domain and academia. Most of the resources used come from the public/school libraries and from the Internet. Any academic papers/sources should be easily accessible to people in general and as such are expected to come from the Internet as a result. This is also in keeping with the Internet theme of the course in general. A list of source material follows. The listed reference material was used facilitate an educated assessment for the purposes of this paper. Main Sources: Coffen-Smout, S.S., Final Report of the Canadian Ocean Assessment: A Review of Canadian Ocean Policy and Practice (Halifax: International Ocean Institute, 1996). Fisheries and Oceans Canada, Oceans Policy of Canada: A Strategy to Meet the Challenges and Opportunities on the Oceans Frontier (Ottawa:DFO, 1987). Fisheries and Oceans Canada, COS: Policy and Operational Framework for Integrated Management of Estuarine, Coastal, and Marine Environments in Canada (Ottawa:DFO, 2002). Fisheries and Oceans Canada, The Role of the Federal Government in the Oceans Sector (Ottawa:DFO, 1997). Fisheries and Oceans Canada, Toward Canada’s Ocean Strategy (Ottawa:DFO, 1997). Additional Sources Booth, K., Law Force and Diplomacy at Sea (London: George Allen and Unwin, 1985). Cicin-Sain, B. and R.W. Knecht, Integrated Coastal and Ocean Management: Concepts and Practices (Washington: Island Press, 1998). Coastal Zone Canada Association, 1996b. A Call for International Action for the Sustainable and Wise Use of Coastal and Ocean Resources -- The Rimouski Declaration. Adopted August 16, 1996. Coffen-Smout, S.S., Final Report of the Canadian Ocean Assessment: A Review of Canadian Ocean Policy and Practice (Halifax: International Ocean Institute, 1996). 13 Cosgrove, William J. and Frank R. Rijsberman for the World Water Council., World Water Visions: Making Water Everybody’s Business (London: Earthscan Publications Ltd., 2000). Cousteau, Jacques-Yves and staff of the Cousteau Society (Mose Richards, Editor in Chief)., The Cousteau Almanac: an inventory of life on our water planet. (New York: Doubleday, 1981). Fisheries and Oceans Canada, Oceans Policy of Canada: A Strategy to Meet the Challenges and Opportunities on the Oceans Frontier (Ottawa:DFO, 1987). Fisheries and Oceans Canada, The Role of the Federal Government in the Oceans Sector (Ottawa:DFO, 1997). Fisheries and Oceans Canada, Toward Canada’s Ocean Strategy (Ottawa:DFO, 1997). Independent World Commision on the Oceans, The Ocean, Our Future: The Report of the Independent World Commision on the Oceans (Cambridge, UK: Cambridge University Press, 1998). Leakey Richard and Roger Lewin, The Sixth Extinction: Patterns of Life and the Future of Humankind (New York: Doubleday, 1995). Owen, Oliver S.,Natural Resource Conservation, 4th Ed. (New York: Macmillan Publishing Company, 1985). Polesetsky, Matthew (Editor)., Global Resources: opposing viewpoints (San Diego, CA: Greenhaven Press, 1991). World Commision on Environment and Development. Our Common Future. (Oxford, UK: Oxford University Press, 1997). World Resources Institute, The 1992 Information Please Environmental Almanac (Boston: Houghton Mifflin Company, 1992). Web Sites Used (primary sites marked with asterisk) Canadian Council of Ministers of the Environment* http://www.mbnet.mb.ca/ccme Canadian Hydrographic Service http://www.chs-shc.dfo-mpo.gc.ca International Institute for Sustainable Development http://www.iisd1.iisd.ca 14 International Oceans Institute http://www.is.dal.ca/~ioihfx/index.html Oceans Canada* http://www.oceanscanada.com Environment Canada* http://www.ec.gc.ca United Nations http://www.un.org United Nations Commision on Sustainable Development http://www.un.org/esa/sustdev/csd.htm 15