Reducing Impacts from Shipping in Scott Islands Marine National

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA

REDUCING IMPACTS FROM SHIPPING IN SCOTT ISLANDS MARINE NATIONAL WILDLIFE AREA: PACIFIC CASE STUDY December 2020 Prepared for WWF-Canada by Stephanie Hewson and Maryann Watson (West Coast Environmental Law) Contributors: Kim Dunn, Sarah Saunders, Will Merrit (WWF-Canada) and Mike Kofahl (East Coast Environmental Law) Review assistance: Canadian Wildlife Service

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 2 Contents

EXECUTIVE SUMMARY ...... 4 Predator introduction ...... 25 RECOMMENDATIONS ...... 5 Legal options ...... 25 THE SCOTT ISLANDS MARINE NATIONAL WILDLIFE AREA ...... 8 Vessel disturbance and vessel strikes ...... 26 Introduction...... 8 Figure 8. Average 2015-2019 ship speeds for the Overview of the Scott Islands area ...... 9 South Coast of BC ...... 27 Development of the Scott Islands mNWA ...... 9 Legal options ...... 27 Figure 1. Scott Islands marine National Wildlife Area ...... 10 Underwater noise ...... 29 Ecological characteristics ...... 11 Legal options ...... 29 Species at risk in Scott Islands mNWA ...... 11 Greywater ...... 32 Figure 2. Steller sea lion rookeries and haul-out sites ...... 12 Figure 9. Cumulative 2015-2019 ship greywater generation for the South Coast of BC ...... 32 Figure 3. Identified important habitat for the Pacific fin whale ...... 13 Legal options ...... 33 Figure 4. Preferred habitat of pelagic seabirds ...... 14 Sewage ...... 35 Vessel trac within the Scott Islands mNWA ...... 15 Legal options ...... 35 Figure 5. Cumulative 2015-2019 ship trac intensity Ballast water ...... 36 for the South Coast of BC ...... 15 Legal options ...... 36 LEGAL FRAMEWORK FOR SHIPPING IN SCOTT ISLANDS mNWA ....17 General vessel discharges ...... 37 Legal framework ...... 17 Legal options ...... 37 Legal framework for other NWAs ...... 18 DISCUSSION ...... 38 Introducing additional shipping measures into Assessment of shipping impacts ...... 38 the mNWA regulations ...... 18 Development and implementation of measures Management goals and objectives...... 19 to address shipping ...... 39 Box 1. Management goals for the Scott Islands mNWA Box 3. Scott Islands mNWA Regulatory Strategy: related to shipping from the Scott Islands Regulatory Additional recommended measures specific to the NWA. ..40 Strategy...... 19 Consideration of species at risk ...... 41 SHIPPING IMPACTS FOR SCOTT ISLANDS mNWA ...... 20 Integration with other marine initiatives ...... 42 Oil discharges and spills ...... 20 APPENDIX A: PREFERRED HABITAT OF SELECT Figure 6. Cumulative 2015-2019 ship heavy fuel use PELAGIC SEABIRDS ...... 43 for the South Coast of BC ...... 21 APPENDIX B: VESSEL TRAFFIC INTENSITY BY SHIP TYPE ...... 45 Legal options ...... 22 APPENDIX C: HEAVY FUEL OIL USE BY SHIP TYPE ...... 47 Box 2: Voluntary Tanker Exclusion Zone and the APPENDIX D: AVERAGE SHIP SPEED BY SHIP TYPE ...... 49 Oil Tanker Moratorium Act ...... 24 APPENDIX E: ESTIMATED GREYWATER PRODUCTION Figure 7. Boundaries of the Voluntary Tanker Exclusion Zone BY SHIP TYPE ...... 51 and the area under the Oil Tanker Moratorium Act ...... 24 GLOSSARY OF TERMS ...... 54

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 3 EXECUTIVE SUMMARY The Scott Islands marine National Wildlife Area At present, though the Regulations establish some was established in 2018 to protect the 11,546 square measures to reduce the risk of predator introduction kilometres (km2) of ocean surrounding the Scott to the islands, they still largely permit shipping and Islands archipelago at the northwestern end of other vessel traffic to continue as before Vancouver Island, British Columbia. Planning for designation of this area has been underway for Many important species that use the mNWA, decades as it supports the largest and most diverse including seabird colonies and a number of at-risk seabird nesting colonies in acic anada It is species listed under the Species at Risk Act (SARA) the rst marine National Wildlife Area mNWA – several species of migratory birds, sea lions, killer designated by Environment and Climate Change whales, humpback whales and sea otters – have Canada (ECCC) under the Canada Wildlife Act. noted vulnerabilities to impacts of oil discharges, spills and disturbance from vessels (both above and essel traffic ithin the Scott Islands mNWA is underwater). These potential impacts and risks are freuent and mostly includes traffic from cargo described in this Case Study. and cruise ships as ell as some oil taner traffic and towing vessels. Concerns about the potential Recommendations to address these threats are made risks from shipping to ecological components of the within the context of the Scott Islands mNWA and its mNWA were raised during the development process. legal framework.

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 4 RECOMMENDATIONS

RECOMMENDATION #1: Introduce measures to regulate vessel routeing. The Canada Shipping Act, 2001 (CSA) provides multiple powers to reroute vessels carrying, discharging or at risk of discharging a pollutant in Canadian waters and the Exclusive Economic Zone (EEZ). These can include absolute restrictions, recommended or compulsory routes and no-go zones. In other National Wildlife Areas (NWAs), ships wishing to enter the NWA require a permit. Restrictions on vessel routeing are a useful tool to address all of the impacts of shipping, including oil spills, disturbance and vessel strikes, underwater noise, and vessel discharges.

RECOMMENDATION #2: Introduce measures to regulate vessel speed. The CSA grants Transport Canada (TC) the authority to regulate navigation within Canadian waters and the EEZ. This authority has been used on the Atlantic and acic coasts to reduce riss to threatened hale species and it could be used to address vessel disturbance, strikes and noise within Scott Islands marine National Wildlife Area (mNWA). Reductions in vessel speed can also play a large role in reducing underwater noise.1

RECOMMENDATION #3: Establish vessel and noise monitoring programs for the mNWA. Vessel and noise monitoring programs have occurred in marine protected areas (MPAs) such as SGaan Kinghlas-Bowie Seamount2 and the Gully.3 Similar programs have been established in United States National Marine Sanctuaries.4 Expanding the use of these indicators and monitoring programs to other Canadian MPAs will increase understanding of human activities and anthropogenic noise and ensure the eﬃcacy of measures taen to address these issues.

1 IM O M EPC .1/C irc. 833: G uidelines for the R educt ion of U nderw ater N oise from C om m erci al Shipping to Address Adve rse Im pact s on M arine Life. Inform ation D o cu m e n t 3 . 2. 1 . A S C O B A N S A d vi so r y C o m m i t t e e M e e t i n g , 29 S e p t e m b e r - 1 O ct o b e r 20 1 4 . S w e d e n . ascobans.orgsitesdefaltﬁlesdocmentAC21nf.2.1oiseidelines.pdf 2 D F O . 20 1 1 . S G a a n K i n g h l a s- B o w i e S e a m o u n t M a r i n e P r o t e ct e d A r e a M o n i t o r i n g I n d i ca t o r s, P r o t o co l s a n d S t r a t e g i e s. D F O C a n a d i a n S ci e n ce A d vi so r y S e cr e t a r i a t S ci e n ce A d vi so r y R e p o r t . 20 1 0 / 0 3 6 ; N E M E S . 20 1 5 . W o r ksh o p o n V e sse l s a n d N o i se a t S G a a n K i n g h l a s- B o w i e ( S K - B ) S e a m o u n t M P A . n e m e sp r o j e ct . co m / 20 1 5 / 0 2/ 20 / w o r ksh o p - o n - ve sse l s- a n d - n o i se - a t - sg a a n - ki n g h l a s- b o w i e - sk- b - se a m o u n t - m p a / 3 D F O . 20 1 0 . G u l l y M a r i n e P r o t e ct e d A r e a M o n i t o r i n g I n d i ca t o r s, P r o t o co l s a n d S t r a t e g i e s. D F O C a n a d i a n S ci e n ce A d vi so r y S e cr e t a r i a t S ci e n ce A d vi so r y R e p o r t . 20 1 0 / 0 6 6 . 4 N O A A . N a t i o n a l M a r i n e S a n ct u a r i e s: S o u n d M o n i t o r i n g . A cce sse d 1 2 D e ce m b e r 20 20 . sa n ct u a r i e s. n o a a . g o v/ sci e n ce / m o n i t o r i n g / so u n d /

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 5 RECOMMENDATION #4: Introduce prohibitions on vessel discharges. The discharge of potentially harmful substances from vessels should be completely prohibited within the Scott Islands mNWA. This is consistent with the minimum protection standard on dumping ithin MAs hich should be comprehensively dened to include all of these common vessel discharges. Harmful substances include discharges of oily mixtures, greywater, sewage and ballast water, as well as other general vessel discharges. A number of legal options exist under the CSA and its Regulations to prohibit these discharges. For example, the waters of the Scott Islands mNWA have been designated as a no-discharge zone under the Vessel Pollution and Dangerous Chemicals Regulations and the Ballast Water Control and Management Regulations. A similar no-discharge zone could also be included within the Scott Islands Protected Marine Area Regulations. Another option is to require a higher standard of treatment for all euents discharged ithin the area

RECOMMENDATION #5: Proactively regulate shipping activities. The Scott Islands Protected Marine Area Regulations include a blanket exception for shipping and navigation within the area, which has been the traditional approach in MA development in anada oever given increasing scientic ndings on the impacts of shipping as ell as the proected increase in vessel traﬃc in the future a more proactive and precautionary risk-based approach is needed. New, more proactive approaches are being pursued in certain MPAs, including vessel traﬃc restrictions in NWAs in Nunavut the prohibition on greyater discharge in anc des-Américains MPA, and increased monitoring and prohibitions on ballast water exchange surrounding SGaan Kinghlas-Bowie Seamount MPA.

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 6 RECOMMENDATION #7: Increase consideration of shipping impacts on species at risk. One of the objectives of the Scott Islands mNWA is the conservation of species at risk and their habitats. The management plans of several at-risk species rely on Scott Islands mNWA as a protective measure. However, much of the development of the mNWA focused on migratory seabirds, and threats to species at risk do not appear to have been adequately considered or addressed. In particular, the impacts caused by shipping activities to species at ris have not been considered ithin the mNWA ullling the goals of the Scott Islands mNWA and the species at risk management plans requires adequately addressing the risks for this population caused by shipping activities within the mNWA.

RECOMMENDATION #8: Integrate the management of Scott Islands mNWA into wider vessel management. Improved management of shipping in the mNWA should be coordinated with other marine spatial planning initiatives and with activities under the Oceans Protection Plan (OPP). These initiatives present an opportunity to implement management of vessel impacts within a larger marine spatial planning and regulation framework.

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 7 THE SCOTT ISLANDS MARINE NATIONAL WILDLIFE AREA INTRODUCTION he acic ase Study of the Scott Islands marine the supporting documents to that analysis, and it is National Wildlife Area is part of Reducing Impacts complemented by Reducing Impacts from Shipping from Shipping in MPAs: A Toolkit for Canada in St. Anns Bank MPA: Atlantic Case Study and (Toolkit), which is a decision-support tool based Reducing Impacts from Shipping in Tallurutiup on policy, regulatory and statutory analysis and Imanga National Marine Conservation Area: Arctic supplemented by data analysis and mapping. The Case Study. Toolkit is aimed at helping decision makers, marine protected area practitioners and the shipping industry Specically this ase Study is the culmination of make informed decisions to reduce or mitigate legal, policy and data analysis of shipping impacts in shipping impacts in Canadian marine protected the Scott Islands mNWA to determine how the tools areas (MPAs). Within this Case Study and all Toolkit identied in the Navigating the Law report might documents, shipping refers to commercial shipping be used ithin the contet of the acic cean and vessels, including commercial passenger vessels. a marine National Wildlife Area created under the It does not include shing vessels or recreational Canada Wildlife Act. We note that many of Canada’s vessel traﬃc MPAs are in close proximity to other protected areas, and that while this Case Study examines shipping for A key component of the Toolkit is a regulatory and the Scott Islands mNWA, management measures on legal analysis of shipping laws in Canada within the a regional scale should consider a similar analysis for context of MPAs, which is found in the Navigating neighbouring MAs eg shore acic Area of the Law: Reducing Shipping Impacts in Marine Interest, Hecate Strait/Queen Charlotte Sound Glass Protected Areas report. This Case Study is one of Sponge Reefs MPA).

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 8 OVERVIEW OF THE SCOTT ISLANDS AREA The Scott Islands mNWA protects the 11,546km2 Management of the Scott Islands mNWA is led by of ocean areas surrounding the Scott Islands the Canadian Wildlife Service (CWS), a branch of archipelago o the northestern tip of ancouver Environment and Climate Change Canada (ECCC), Island in British Columbia (BC). It is one of the most with support from Fisheries and Oceans Canada diverse marine ecosystems on anadas acic coast (DFO) and the Canadian Coast Guard, Transport supporting the highest concentration of seabirds in Canada (TC), National Resources Canada and the the anadian acic a diversity of marine mammals Province of British Columbia. Co-management and sh species and a biologically rich habitat that frameworks are being developed with the Quatsino also supports many species at risk.5 and Tlatlasikwala First Nations.8 The Scott Islands and the surrounding waters A multi-stakeholder Advisory Committee also are within the territories of the Quatsino and gives support to the management of the mNWA. Tlatlasikwala Nations. Several other First Nations The Committee is chaired by ECCC and has have territories or marine interests that overlap representatives from BC Parks, local governments, with portions of the mNWA. The islands within the commercial and recreational shing commercial archipelago are protected as provincially designated shipping, conservation organizations, tourism and parks and ecological reserves. other industries.9 The primary conservation objective of the mNWA As of 2020, the management plan is currently is to “conserve migratory seabirds, species at risk, in development.10 The management plan builds and the habitats, ecosystem linkages and marine on the management framework outlined in the resources that support these species.”6 This objective regulatory strategy and the 2016 and 2018 Regulatory is to be achieved by managing human activities which Impact Analysis Statements developed during the may interfere with this objective and with other establishment of the mNWA. wildlife and wildlife habitat.7 DEVELOPMENT OF THE SCOTT ISLANDS mNWA The Scott Islands mNWA was formally designated as establishing Anne Vallée (Triangle Island), Beresford a protected area in 2018; however, the area had been Island, and Sartine Island Ecological Reserves the focus of marine conservation eorts for many in 1971, and the Lanz and Cox Islands Provincial years. The marine waters surrounding Scott Islands Park in 1995. The province noted the vulnerability ere rst identied as a potential area for protection of these terrestrial protected areas to activities by conservation organizations and ECCC in 1995.11 related to commercial shipping, including “oil spills, disturbance from boats and planes, feral rabbits, The Province of BC had previously protected the invasive species... possible shipwrecks and the islands themselves through provincial designations, subsequent introduction of rats.”12

5 Envi ronm ent and C lim ate C hange C anada. 2018. Sco tt Isl ands m arine N ational W ildlife Area. Envi ronm ent and C lim ate C hange C anada. O nline: ca nada.ca /en/ e n vi r o n m e n t - cl i m a t e - ch a n g e / se r vi ce s/ n a t i o n a l - w i l d l i f e - a r e a s/ l o ca t i o n s / sco t t - i sl a n d s- m a r i n e . h t m l # t o c0 6 G o ve r n m e n t o f C a n a d a . 20 1 8 . E st a b l i sh i n g t h e S co t t I sl a n d s m a r i n e N a t i o n a l W i l d l i f e A r e a . O n l i n e : ca n a d a . ca / e n / e n vi r o n m e n t - cl i m a t e - ch a n g e / n e w s/ 20 1 8 / 0 9/ e st a b l i sh i n g - the-sco tt-isl ands- m arine-national-w ildlife-area.htm l 7 S co t t I s l a n d s P r o t e ct e d M a r i n e A r e a R e g u l a t i o n s, S O R / 20 1 8 - 1 1 9, R e g u l a t o r y I m p a ct A n a l ysi s S t a t e m e n t , ( 20 1 8 ) C a n a d a G a ze t t e I I , 21 97 [ 20 1 8 R I A S ] . 8 G o ve r n m e n t o f C a n a d a . E st a b l i sh i n g t h e S co t t I sl a n d s m a r i n e N a t i o n a l W i l d l i f e A r e a . O n l i n e : ca n a d a . ca / e n / e n vi r o n m e n t - cl i m a t e - ch a n g e / n e w s/ 20 1 8 / 0 9/ e st a b l i sh i n g - t h e - sco t t - i sl a n d s- m a r i n e - n a t i o n a l - w i l d l i f e - a r e a . h t m l 9 Envi ronm ent and C lim ate C hange C anada. 2018. N ational Advi so ry Panel on M arine Protect ed Area Standards: Sco tt Isl ands m arine N ational W ildlife Area. Prese ntation A p r i l 7 , 20 1 8 , V a n co u ve r , B C . O n l i n e : d f o - m p o . g c. ca / o ce a n s/ d o cu m e n t s/ co n se r va t i o n / a d vi so r yp a n e l - co m i t e co n se i l / su b m i ssi o n s- so u m i se s/ S I m N W A - d e ck- f o r - N A P - F i n a l - 0 6 A p r 20 1 8 . p d f 1 0 E r i ka L o k, C a n a d a W i l d l i f e S e r vi ce . 20 20 . P e r so n a l C o m m u n i ca t i o n . 1 1 G ove rnm ent of C anada. Est ablish ing the Sco tt Isl ands m arine N ational W ildlife Area. O nline: ca n a d a . ca / e n / e n vi r o n m e n t - cl i m a t e - ch a n g e / n e w s/ 20 1 8 / 0 9/ e st a b l i sh i n g - t h e - sco t t - i sl a n d s- m a r i n e - n a t i o n a l - w i l d l i f e - a r e a . h t m l 1 2 B C P a r ks, “ A n n e V a l l é ( T r i a n g l e I sl a n d ) E co l o g i ca l R e se r ve : P u r p o se S t a t e m e n t ” ( F e b r u a r y 20 0 3 ) ; B C P a r ks, “ B e r e sf o r d I sl a n d E co l o g i ca l R e se r ve : P u r p o se S t a t e m e n t ”

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 9 In 200 the overnment of anada oﬃcially and other species at risk because they allowed announced that ECCC would protect the waters commercial shing and shipping activities to continue around the Scott Islands. In 2006, DFO recognized within the protected area. the waters surrounding the Scott Islands as an cologically and iologically Signicant Area he mNWA as oﬃcially designated on une 2 a sciencebased designation that identies areas 2018, by the Scott Islands Protected Marine Area 13 Regulations under the Canada Wildlife Act worthy of enhanced management or risk aversion. 14 In 2010, CWS established a steering committee and (See Figure 1). The Regulations as currently an advisory group, and a regulatory strategy was enacted address some impacts of shipping related to released for public comment in March 2013. predator introduction and invasive species. All other shipping activities continue to be regulated under The Proposed Regulations and Notice of Intent to the Canada Shipping Act, 2001 (CSA).15 At the time designate the Scott Islands mNWA were published in of designation, Shell Canada announced its intent to Canada Gazette Part I (CGI) on December 31, 2016. relinquish 50,000km2 of exploratory drilling rights During the process of developing and designating o the coast of Northern ancouver Island including Scott Islands mNWA, conservation groups voiced 3,205km2 within the Scott Islands mNWA; however, concerns that the Regulations did not adequately the status of that relinquishment is not publicly protect marine biodiversity, seabird populations available.16 Figure 1. Scott Islands marine National Wildlife Area Map displaying the location of Scott Islands marine National Wildlife Area relative to Canada’s maritime zones.

( F e b r u a r y 20 0 3 ) ; B C P a r ks, “ S a r t i n e I sl a n d E co l o g i ca l R e se r ve : P u r p o se S t a t e m e n t ” ( F e b r u a r y 20 0 3 ) . 1 3 . 200. dentiﬁcation of Ecologicall and iologicall Signiﬁcant Areas. Canadian Science Advisor Secretariat Ecosstem Stats eport. 200006. 1 4 S co t t I sl a n d s P r o t e ct e d M a r i n e A r e a R e g u l a t i o n s, S O R / 20 1 8 - 1 1 9. 1 5 C a n a d a S h i p p i n g A ct , 20 0 1 , S C 20 0 1 , c 26 [ C S A ] . 1 6 T h e C a n a d i a n P r e ss. S h e l l C a n a d a G i ve s u p B . C . E xp l o r a t i o n P e r m i t s t o M a ke W a y f o r P r o t e ct e d A r e a . S e p t e m b e r 1 3 , 20 1 8 . O n l i n e : cb c. ca / n e w s/ ca n a d a / b r i t i sh - co l u m b i a / sh e l l - ca n a d a - g i ve s - u p - e xp l o r a t i o n - p e r m i t s- t o - m a ke - w a y- f o r - p r o t e ct e d - a r e a - 1 . 4 8 23 1 8 0

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 10 ECOLOGICAL CHARACTERISTICS The Scott Islands area is the most important breeding mammals, including seals and cetaceans, use the ground for seabirds in British Columbia, including productive waters surrounding the Scott Islands supporting 55 per cent and 73 per cent of the global throughout the year. and national breeding populations of Cassin’s auklet, respectively. The Triangle Island nesting Species at risk in Scott Islands mNWA population of rhinoceros auklets accounts for about 7 per cent and 12 per cent of the global and national There are 25 species which use the mNWA that populations respectively Nationally signicant are designated as at-risk under Canada’s Species at populations of many other seabirds are also found Risk Act (SARA) including eight species of migratory here. Seabird research has been ongoing in this birds, eight marine mammals, two reptiles and area since the 190s and continues to signicantly seven shes19 contribute to scientic noledge about seabirds and Steller sea lions (listed under SARA as Special interactions with their environment on the Concern) utilize areas of shoreline for resting acic oast17 (haul-outs) or breeding (rookeries) (See Figure 2). In addition to the great abundance of bird life, the BC currently supports approximately 33 per cent of marine area provides several important habitat the total Eastern population of Steller sea lions. The functions for sh species including being a spaning rookeries within the Scott Islands are the second and rearing area for acic cod lingcod sablesh largest breeding aggregation of Steller sea lions in the and atshes and important feeding areas for acic world and support over 70 per cent of pup production hake and herring.18 Also, many species of marine for BC’s population.20

17 Envi ronm ent C anada. 2013. R egulatory Strategy for the D esi gnation of the Propose d Sco tt Isl ands m arine N ational W ildlife Area. O nline: ca nada.ca /en/envi ronm ent- cl i m a t e - ch a n g e / se r vi ce s/ n a t i o n a l - w i l d l i f e - a r e a s/ l o ca t i o n s/ sco t t - i sl a n d s- m a r i n e / r e g u l a t o r y- st r a t e g y . h t m l 1 8 amieson .S. and evese C. 201. dentiﬁcation of Ecologicall and iologicall Signiﬁcant Areas on the West Coast of ancover sland and the Strait of eorgia a n d i n S o m e N e a r sh o r e A r e a s o n t h e N o r t h C o a st : P h a se I I – D e si g n a t i o n o f E B S A s. D F O C a n a d i a n S ci e n ce A d vi so r y S e cr e t a r i a t R e se a r ch D o c u m e n t . 20 1 4 / 1 0 1 . vi i + 3 6 p . 19 Envi ronm ent and C lim ate C hange C anada. Sco tt Isl ands m arine N ational W ildlife Area M anagem ent Plan [Propose d]. 20 Fish eries and O ce ans C anada. 2010. M anagem ent Plan for the Steller Sea Lion (Eum etopias jubatus) in C anada [Final]. Speci es at R isk Act M anagem ent Plan Series. F i sh e r i e s a n d O ce a n s C a n a d a , O t t a w a . vi + 6 9 p p .

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 11 Figure 2. Steller sea lion rookeries and haul-out sites

ocations of Steller sea lion rooeries lled the sea otter notes that “their susceptibility to oil and heagons yearround haulout sites unlled the proximity to major oil tanker routes make them circles), and major haul-out sites (triangles) in BC, particularly vulnerable to oil spills.”23 relative to the Scott Islands mNWA. Adapted from the Species at Risk Act Management Plan for the Steller Additionally, several species of at-risk cetaceans Sea Lion.21 are known to use the waters within the mNWA. These include the blue whale (listed under SARA Sea otters (listed under SARA as Special Concern22) as Endangered), the northern resident and Bigg’s/ are recovering from a greatly reduced population transient ecotypes of killer whales (both listed under and range. While their numbers are rebuilding SARA as hreatened the n hale hreatened and their range is expanding along the coast, the grey whale (no status, under consideration) and population is not yet clearly secure. The Scott Islands humpback whales (listed as Special Concern).24 Of marine area supports one of only two areas within these the n hale has important habitat identied the acic North oast Integrated Management within the boundaries of the Scott Islands mNWA Area (PNCIMA) where sea otters have established (see Figure 3). a resident population. DFO’s management plan for

21 Fish eries and O ce ans C anada. 2010. M anagem ent Plan for the Steller Sea Lion (Eum etopias jubatus) in C anada [Final]. Speci es at R isk Act M anagem ent Plan Series. F i sh e r i e s a n d O ce a n s C a n a d a , O t t a w a . vi + 6 9 p p .

22 F i sh e r i e s a n d O ce a n s C a n a d a . 20 1 4 . M a n a g e m e n t P l a n f o r t h e S e a O t t e r ( E n h yd r a l u t r i s) i n C a n a d a . S p e ci e s a t R i sk A ct M a n a g e m e n t P l a n S e r i e s. F i sh e r i e s a n d O ce a n s C a n a d a , O t t a w a . i v + 5 0 p p . 23 I b i d . 24 amieson .S. and evese C. 201. dentiﬁcation of Ecologicall and iologicall Signiﬁcant Areas on the West Coast of ancover sland and the Strait of eorgia a n d i n S o m e N e a r sh o r e A r e a s o n t h e N o r t h C o a st : P h a se I I – D e si g n a t i o n o f E B S A s. D F O C a n a d i a n S ci e n ce A d vi so r y S e cr e t a r i a t R e se a r ch D o c u m e n t . 20 1 4 / 1 0 1 . vi i + 3 6 p p .

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 12 Figure 3. Identifi ed important habitat for the Pacifi c fi n whale Map displaying the location of the designated important habitat for the aci c n hale blue shaded area relative to the Scott Islands mNWA (green polygon).25 Total ship tra c intensity 2015-2019 km/0.05 degrees2 5000+

Preferred habitat

A number of at-risk marine birds are also known to • Northern abalone (listed as Endangered use the waters surrounding the Scott Islands. These under SARA); include the marbled murrelet (Threatened), the • Marine algae (Percursaria dawsonii) (blue-listed short-tailed albatross (Threatened), the pink-footed under BC’s provincial conservation status rank);28 shearwater (Threatened), the black-footed albatross (Special Concern)26 and the ancient murrelet • Great blue heron, Peale’s peregrine falcon (Special Concern). (blue-listed under BC’s provincial conservation status rank); As mentioned previously, two of the Scott Islands, Lanz and Cox, have been protected as a provincial • Leach’s storm petrel, fork-tailed storm petrel, park. The Purpose Statement for this protected pelagic cormorant, bald eagle, and black area also lists the following federally or provincially oystercatcher designated species at risk:27 (yellow-listed under BC’s provincial conservation status rank).

25 . 201. dentiﬁ cation of abitat of Special mportance to in Whales alaenoptera phsals in Canadian Paciﬁ c Waters. Canadian Science Advisor S e cr e t a r i a t S ci e n ce A d vi so r y R e p o r t . 20 1 7 / 0 3 9. 26 Envi ronm ent and C lim ate C hange C anada. 2017. M anagem ent Plan for the Black- Footed Albatross (Phoebast ria nigripes) in C anada. Speci es at R isk Act M anagem ent Plan Series. Envi ronm ent and C lim ate C hange C anada. O ttaw a. iv+ 30 pp. 27 C Pars. 200. an and Co slands Provincial Par Prpose Statement and oning Plan. 6 pp. nline bcpars.caplanningmgmtplnslancolan p s. p d f ? v = 1 4 7 25 0 95 7 0 23 0 28 P r o vi n ce o f B r i t i sh C o l u m b i a . R e d , B l u e & Y e l l o w L i st s. O n l i n e : g o v . b c. ca / g o v/ co n t e n t / e n vi r o n m e n t / p l a n t s- a n i m a l s- e co syst e m s/ co n se r va t i o n - d a t a - ce n t r e / e xp l o r e - cd c- d a t a / r e d - b l u e - ye l l o w - l i st s. R e d r e f e r s t o sp e ci e s t h a t a r e e xt i r p a t e d , e n d a n g e r e d o r t h r e a t e n e d ; b l u e r e f e r s t o sp e ci e s o f sp e ci a l co n ce r n ; a n d ye l l o w r e f e r s t o sp e ci e s t h a t a r e u n co m m o n , co m m o n , d e cl i n i n g o r i n cr e a si n g .

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 13 Figure 4. Preferred habitat of pelagic seabirds Map displaying the preferred habitat of pelagic seabirds relative to the Scott Islands mNWA and cumulative 2015 to 2019 ship traﬃ c intensity. Preferred habitat is represented as grid cells in the 90th percentile of bird sightings for all bird species contained in the west-coast pelagic seabird atlas.29 See Appendix A for maps of select species. Total ship tra c intensity 2015-2019 km/0.05 degrees2 5000+

Preferred habitat

29 Canadian Wildlife Service. 2016. Atlas of Pelagic Seabirds off the West Coast of Canada and Adjacent Areas [Shapeﬁ le]. Environment Canada.

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 14 VESSEL TRAFFIC WITHIN THE SCOTT ISLANDS mNWA Scott Islands is located in a marine region with with the Voluntary Tanker Exclusion Zone.30 The regular commercial vessel traffic hese are primarily islands also provide temporary anchorage in poor cargo and passenger vessels such as cruise ships weather.31 In addition to deep sea vessels and cruise transiting through the Scott Islands between ships some of the vessel traffic is related to economic Beresford and Lanz and Cox Islands, as well as towing activities on northern Vancouver Island, such as vessels and log booms. the forestry industry, as well as guided recreational activities.32 Oil tankers may transit through the area, though they generally use aters farther oshore in accordance Figure 5. Cumulative 2015-2019 ship trac intensity for the South Coast of BC Map displaying cumulative ship traffic intensity for the South oast of from 2015 to 2019 represented by total distance travelled in kilometres per 0.5 degrees2 istance as derived from Automatic Identication System AIS point locations across all available ship types. See Appendix B for a breakdown of intensity by individual ship types.

30 Envi ronm ent and C lim ate C hange C anada. Sco tt Isl ands m arine N ational W ildlife Area M anagem ent Plan [Propose d]. 31 D rever, M . 2002. Im portant Bird Area C onse rva tion Plan for the Sco tt Isl ands. Prepared for the C anadian N ature Federation. 3 2 20 1 8 R I A S , su p r a n o t e 7 , 221 9- 20 .

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 15 There are several key areas where shipping activities are particularly of concern to marine biodiversity. These include: • The shelf break, an area here cold nutrientrich ater rises up from the seaoor supporting food ebs that attract whales and seabirds.33 he shelf brea is an area of intense shipping traffic especially for large bulk carriers, cargo ships, tankers and passenger vessels, which pose a number of threats including noise, physical disturbance, risk of spills and potential for collisions. • The Scott Islands. Vessels transiting through or between the islands may cause visual disturbance and noise pollution and potentially impact seabirds that are oshore essels transiting the area may also impact the feeding ranges of sea otters and Steller sea lions.34 • The Scott Channel, which runs between the southernmost Scott Islands and the north coast of Vancouver Island. It is an important area for seabirds, sea otters and Steller sea lions, and also receives a high volume of vessel traffic in the form of bul carriers container ships and passenger vessels much of hich services communities in northwest Vancouver Island.35 • Northeast corner of the Scott Islands marine NWA, which is an area of moderate to high densities of seabird populations and also an area of moderate to high density of vessel traffic including large passenger vessels smaller container ships bul carriers and some taner traffic • Deepwater offshore foraging areas, where large concentrations of sea birds congregate to forage.

3 3 ertram . acas . Welch . od W. der . albraith . edd A. organ . and P. ara. 201. ariation in ooplanton Pre istribtion etermines arine oraging istribtions of reeding Cassins Alet. eep Sea esearch Part 1 ceanographic esearch Papers 12 20 regr et al. ecover Strateg for Blue, Fin, and Sei W hales. vi i + 53 pp; Envi ronm ent and C lim ate C hange C anada. 2017. M anagem ent Plan for the Black- Footed Albatross (Phoebast ria nigripes) in C anada. Species at Risk Act M anagem ent Plan Series. Environm ent and Clim ate Change Canada. O ttawa. iv+ 30 pp. 34 Fish eries and O ce ans C anada. M anagem ent Plan for the Sea O tter. iv + 50 pp.; Fish eries and O ce ans C anada. M anagem ent Plan for the Steller Sea Lion. vi + 69 pp. 3 5 R o b i n so n C o n su l t i n g a n d A sso ci a t e s L t d . 20 1 1 . N e t E co n o m i c C o st A n a l ysi s o f D e si g n a t i o n f o r S co t t I sl a n d s m a r i n e N a t i o n a l W i l d l i f e A r e a . 1 5 p p .

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 16 LEGAL FRAMEWORK FOR SHIPPING IN SCOTT ISLANDS mNWA LEGAL FRAMEWORK The Scott Islands mNWA was established in 2018 by within the EEZ of the Scott Islands mNWA to the the Scott Islands Protected Marine Area Regulations extent that they are consistent with Article 56 of the under the Canada Wildlife Act. It spans three United Nations Convention on the Law of the Sea.39 maritime zones: Canada’s territorial sea, contiguous In practice, this is only relevant for the prohibition on zone and exclusive economic zone (EEZ) (See introducing living organisms into the mNWA, as the Figure 1). other to prohibitions are spatially dened Article 56 grants coastal states the jurisdiction to protect Section 2 of the Scott Islands Protected Marine Area and preserve the marine environment within their Regulations prohibit certain activities related to EEZ as long as they exercise this jurisdiction with commercial shipping, including: due regard to the rights and duties of other states, • Introducing any living organism that is likely to including the freedom of navigation. The implications harm wildlife or degrade the quality of wildlife of this provision are discussed in greater detail habitat in the mNWA;36 in the “International legal framework” section of Navigating the Law.40 • Being within 300 metres (m) of the low water mark of the Triangle, Sartine or Beresford Islands;37 Section 2 of the Scott Islands Protected Marine Area Regulations also prohibits: • Anchoring a vessel of more than 400 gross tonnes within one nautical mile (NM), or 1.8km, of the low • Carrying out any activity that is likely to disturb, water mark of the Triangle, Sartine or Beresford damage or destroy wildlife or its habitat in the Islands.38 mNWA or to remove wildlife or its habitat from 41 These prohibitions apply to all vessels, including the mNWA; foreign vessels, within the portions of the mNWA that • Dumping or discharging any waste material or lie within Canada’s internal waters and territorial sea. substance that is likely to harm wildlife or degrade the quality of wildlife habitat in the mNWA.42 These prohibitions only apply to foreign vessels

3 6 S co t t I sl a n d s P r o t e ct e d M a r i n e A r e a R e g u l a t i o n s, su p r a n o t e 1 4 , s 2( 1 ) ( c) . 3 7 I b i d . , s 2( 1 ) ( e ) . 3 8 I b i d . , s 2( 1 ) ( f ) . 3 9 I b i d . , s 4 . 4 0 See speciﬁcall eglating shipping in the EE nder the nited ations Convention on the a of the Sea sbsection. 4 1 S co t t I sl a n d s P r o t e ct e d M a r i n e A r e a R e g u l a t i o n s, su p r a n o t e 1 4 , s 2( 1 ) ( a ) . 4 2 I b i d . , s 2( 1 ) ( b ) .

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 17 However, Section 5 exempts vessels navigating framework than Protected Marine Areas. Within in accordance with the CSA from these two NWAs, including NWAs with marine components, it prohibitions.43 This means that vessels operating in is prohibited to operate a conveyance, which includes accordance with the CSA and its Regulations may vessels, without a permit.46 It is also prohibited navigate through the area, even if this activity is likely to carry out any commercial or industrial activity to disturb, damage or destroy wildlife or habitat within the NWA without a permit from CWS and within the mNWA. It also means that vessels may its management partners.47 Similarly restrictive continue to discharge aste and euent as usual measures were not included within the Scott Islands as long as the vessels observe the requirements of Protected Marine Area Regulations. the SA and its egulations or the denition of navigation, see the introduction of Navigating the Introducing additional shipping measures into the Law. For more on the legal framework governing navigation in the CSA, see “The Canadian legal mNWA regulations framework” in Navigating the Law. The “Shipping impacts for Scott Islands mNWA” section of this Case Study analyzes the most harmful Legal framework for other NWAs impacts from shipping activities and proposes Although Scott Islands is commonly referred to as regulatory solutions to mitigate the risks of these a “marine National Wildlife Area,” or mNWA, the impacts. These solutions include complementary legal name for this designation is in fact a “Protected measures under existing shipping-related legislation, Marine Area” under section 4.1 of the Canada as well as measures that could be included directly Wildlife Act. Scott Islands is the rst rotected within the Scott Islands Protected Marine Area Marine Area to be established under the Canada Regulations. Wildlife Act. Although the Regulations currently contain very few There are several important distinctions between measures to reduce the impacts of shipping, there is Protected Marine Areas and National Wildlife Areas no legal reason preventing additional measures from (NWAs), which are designated under section 9 being introduced. The Canada Wildlife Act empowers of the Canada Wildlife Act and the Wildlife Area the Minister of the Environment to prescribe 44 measures for the conservation of wildlife within Regulations. NWAs are generally used to protect 48 terrestrial areas or terrestrial areas and adjacent Protected Marine Areas/mNWAs. This is broader marine areas. However, NWAs may only extend to authority than is provided under other federal MPA the limit of the territorial sea (the limit for NWAs legislation. For example, the Canada National established on public lands under the Canada Marine Conservation Areas Act requires that any Wildlife Act).45 In contrast, Protected Marine Areas regulations that prohibit marine navigation be made on the joint recommendation of the Minister of may only be designated in marine areas, and they 49 may extend to the 200NM limit of the territorial sea. Environment and Minister of Transport. In practice, This makes the Protected Marine Areas better suited it is unlikely that the Minister of Environment to protecting large marine areas like Scott Islands. ould recommend any regulations aecting marine navigation ithout rst consulting hoever The second distinction is that NWAs are governed this does indicate the broad capabilities to address by a much stricter and more protective legal shipping impacts through MPA legislation itself.

4 3 I b i d . , ss 2( 1 ) ( a ) , ( b ) , 5 ( b ) . 4 4 C a n a d a W i l d l i f e A ct , R S C 1 98 5 , c W - 9, s 9; W i l d l i f e A r e a R e g u l a t i o n s, C R C c 1 6 0 9. 45 Sco tt Isl ands propose d M anagem ent Plan at p iii; C anada W ildlife Act , supra note 45, s 2(1) “public lands. ” For m ore detail, se e discu ssi on on the C anada W ildlife Act in the “C anadian legal fram ew ork” se ct ion of N avi gating the Law. 46 W ildlife Area R egulations, su pra note 45, s 3(1)(h). 4 7 I b i d , s 3 ( 1 ) ( k) . F o r e xa m p l e , w i t h i n t h e N u n a vu t S e t t l e m e n t A r e a , a n y r e q u e st s f o r a cce ss t o N W A s, i n cl u d i n g r e q u e st s f r o m cr u i se sh i p s a n d o t h e r sh i p s, m u st b e revieed b the appropriate Area Coanagement Committee before a permit is issed. his is in accordance ith the nit mpact and eneﬁt Agreement for ational W ildlife Areas and M igratory Bird Sanct uaries in the N unavu t Settlem ent Area (2007-2014 & 2016-2023). See R egulations Am ending the W ildlife Area R egulations and O ther epartment of the Environment eglations 201 Canada aette 210 Canadian Coast ard otices to ariners 1 to 6 Annal Edition 2020 ttaa er ajest the Q ueen in R ight of C anada, 2020) at 93. 48 C anada W ildlife A ct , su pra note 45, s 12(i)(iii). 4 9 C a n a d a N a t i o n a l M a r i n e C o n se r va t i o n A r e a s A ct , S C 20 0 2, c 1 8 , s 1 6 ( 3 ) .

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 18 MANAGEMENT GOALS AND OBJECTIVES The regulatory strategy outlines a management framework for the NWA as well as conservation objectives that will support and inform the development of the management plan. Box 1. Management goals for the Scott Islands mNWA related to shipping from the Scott Islands Regulatory Strategy.

Goal 1: The natural habitats, ecosystem linkages and marine resources that support seabird populations nesting on the Scott Islands are protected and conserved. A. Marine habitats and ecosystem functions important for seabird foraging are protected from harmful disturbance, damage or destruction. B. Forage species utilized by seabirds are available, within the limits of natural variation, to support viable populations of seabirds nesting on the Scott Islands.

Goal 2: he ris of adverse eects on the breeding productivity and survival of seabirds resulting from human activities is mitigated in keeping with the conservation and protection objectives. A. New and existing activities are reviewed based on demonstrated consistency with the management plan application of eective mitigation measures and best available information B. roactive measures are in place to ensure eective response to catastrophic and chronic spills of oil or any other hazardous materials. C. irect mortality of seabirds caused by human activities is minimied through the use of eective mitigation measures.

Goal 3: The mNWA is managed in a manner that recognizes the authorities for management of human activities in the marine environment and takes into account the socio-economic and cultural values sustained by the marine ecosystem. A. Breeding habitats on the Scott Islands are maintained, and where feasible restored, in collaboration with the Province of BC, Tlatlasikawala First Nation and Quatsino First Nation. B. Surveillance, monitoring and enforcement are implemented in collaboration with other agencies, First Nations and marine users. C. The social and cultural values of First Nations for the Scott Islands and surrounding marine area are respected. D. In collaboration with other responsible authorities, support the implementation of recovery strategies, action plans and management plans for species listed under Schedule 1 of SARA. E. Management of the mNWA contributes to the broader marine ecosystem-based management goals for the PNCIMA and the Canada-British Columbia Marine Protected Area Network Strategy.

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 19 SHIPPING IMPACTS FOR SCOTT ISLANDS mNWA OIL DISCHARGES AND SPILLS Oily discharges and spills are two of the biggest risks posed by commercial shipping within the Scott Islands mNWA. These can occur in the form of authorized discharges of oily mixtures, illegal or unauthorized discharges and small-scale oil spills, and large-scale oil spills. Analysis of oil discharges within the EEZ on the acic coast by aerial surveillance detected 101 discharges beteen 200 and 2010 and identied northwest Vancouver Island as an area important to marine birds that is potentially at higher risk of exposure to oiling.50 In another study, a total of 471 oiling incidents were detected along BC’s coast between 1997 and 2010 (about 33 per year), and three of these incidents were in the vicinity of the mNWA.51 It is estimated that small-scale oil discharges (less than 1,000 litres) likely have a greater ecological impact per volume spilled than large spills because of their higher frequency and larger geographic impact. These discharges, often referred to as “chronic” oil pollution, are mainly associated with bilge water, discharges from routine operations, illegal cleaning of tanks, and propeller shaft bearings.52 A study investigating potential interactions between marine birds and oil from smallscale discharges identied the waters adjacent to the Scott Islands as being one of two areas at the highest potential risk from oil exposure on the BC coast due to the convergence of high bird density and high probability of small-scale © V l a d S i l ve r oil discharges.53

5 0 iling occrs hen oil phsicall harms an animal sch as b coating a seabirds ings or a marine mammals fr. ertaon S. ara P.. arrett . and . Serra Sogas. 201. eospatial Analsis of il ischarges bserved b the ational Aerial Srveillance Program in the Canadian Paciﬁc cean. Applied eograph olme 2 A u g u st 20 1 4 , p p 7 8 - 8 9. A cce sse d o n O ct o b e r 1 9, 20 1 7 51 Envi ronm ent C anada. 2013. R egulatory Strategy for the D esi gnation of the Propose d Sco tt Isl ands M arine N ational W ildlife Area. 5 2 ertler C. aimov .. alpass .C. and P.. olshin. 2010. Shippingelated Accidental and eliberate elease into the Environment andboo of drocarbon and ipid icrobiolog in immis .. Ed.. Springer erlin eidelberg erlin eidelberg pp 226. doi.org10.100016 5 3 o C.. ara P.. ertaon S. organ . nderood .E. and P.C. Paet. 2016. A preliminar spatial assessment of ris arine birds and Chronic il Polltion on Canadas Paciﬁc Coast. Science of the otal Environment pp 0. doi.org10.1016j.scitotenv.2016.0.1

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 20 Small-scale oil discharges are very unlikely to trigger freighters, the M.V. Elizabeth and M.V. Caria, lost formal cleanup or mitigation eorts because of poer oshore of the Scott Islands and drifted their small size and high frequency of occurrence Together, these vessels contained a total of almost within large and remote areas. As a result, their oil 3,000 metric tonnes of intermediate fuel and often persists in ocean sediment and the marine distillate and 100 tonnes of hazardous materials. environment for years.54 This chronic impact is a Fortunately, the M.V. Elizabeth was able to regain signicant ris and source of mortality for seabirds power, and a rescue tug reached the M.V. Caria and as oil reduces the aterproong and insulating towed it to shelter.56 This incident and others are properties of their feathers, leading to death from a reminder of the vulnerability of the area and the hypothermia. Oil in the marine environment is also a signicant damage that could be caused by a spill signicant threat to many other levels of marine life within the mNWA. Most of the vessels using heavy from zooplankton to marine mammals.55 fuel oil are not operating within the boundaries of the mNWA (See Figure 6). Though less common, large-scale, “catastrophic” oil spills from ships are also a threat. In 1999, two Figure 6. Cumulative 2015-2019 ship heavy fuel use for the South Coast of BC Map displaying the cumulative ship heavy fuel use from 2015 to 2019 along the South Coast of British Columbia as represented by total hours of operation per 0.5 degrees.2 Time spent by residual-fuel-oil-using ships was derived from AIS point locations across all available ship types. See Appendix C for a breakdown by individual ship types.

5 4 D . S . E t ki n “ W o r l d w i d e A n a l ysi s o f I n - P o r t V e sse l O p e r a t i o n a l L u b r i ca n t D i sch a r g e s a n d L e a ka g e s” ( 20 0 9) E n vi r o n m e n t a l R e se a r ch C o n su l t i n g , 1 5 29- 1 5 5 3 ; R P i t t “ C a se st udy exam ple for oil sp ill m ove m ent and fate” (2002) online: rpitt.eng.ua.edu/C lass /Effect sa ndFates/ M odule7/M odule7.htm 5 5 I b i d . 56 IBA C anada. 2002. Im portant Bird Area C onse rva tion Plan for the Sco tt Isl ands. By M ark D reve r for the C anadian N ature Federation. O nline at ibaca nada.co m / d o cu m e n t s/ co n se r va t i o n p l a n s/ b csco t t i sl a n d s. p d f a t 20 .

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 21 Another signicant issue is a lac of capacity for these measures greatly reduce the risk that loaded oil monitoring and enforcement. The Scott Islands tankers travel within the vicinity of the Scott Islands. mNWA Regulatory Strategy notes that surveillance However, even spills from unloaded commercial for the area is low, and that less than 1 per cent vessels can be conseuential and cause signicant of oiling occurrences will be detected. Where local impacts.61 surveillance does exist, it may not necessarily deter ships from discharging oily substances. A comparison Despite the Regulations under the CSA, chronic of aerial surveillance detections of small-scale oil small-scale oil spills, whether accidental or spills to distributions of beached bird survey data intentional, also pose a threat, and are not addressed on the BC coast indicates that, in some regions of by the Act. Though they are not as catastrophic as the coast, the presence of aerial surveys does not larger spills they are more difficult to monitor and necessarily function as a deterrent for ships activities manage. Monitoring through aerial surveillance which result in oil discharges.57 For more information does not necessarily deter ships from these illegal discharges, and they are often in remote locations about monitoring, see the Toolkit report Reducing 62 Impacts from Shipping in MPAs: Evaluating Tools and therefore difficult to address for Monitoring and Compliance. Vessel routeing Legal options Vessel routeing is perhaps the only way to mitigate the risk of all forms of oil discharge and spills, The Scott Islands Protected Marine Area Regulations by ensuring that commercial vessels maintain an allow for navigation and vessel transit that is carried appropriate distance from the mNWA. This could out in accordance with the CSA and its Regulations, be accomplished in several ays irst vessel traffic and therefore the CSA provides the relevant legal could be prohibited in the portion of the mNWA that framework for oil discharges and spills (discussed is within Canada’s territorial sea. This would displace in greater detail in subsection Select las aecting cruise ship and other vessel traffic through the commercial shipping” in the “Canadian legal Scott Islands, reducing the risk of oil damage in the framework” section of Navigating the Law). Under nearshore area and to the terrestrial protected areas. the CSA, oil and oily mixtures are a prescribed A routeing measure such as this could be designed pollutant and their discharge is prohibited except in to include vessels of a specic sie or type so that accordance with regulations.58 The Vessel Pollution vessel traffic servicing local communities ould not and Dangerous Chemicals Regulations outline the be impacted. conditions for legal discharges of oily mixtures, including the concentration of the solution.59 Second, there are powers under the CSA to reroute The Regulations do not currently allow for the vessels carrying, discharging or at risk of discharging establishment of no-discharge zones, though this may a pollutant in Canadian waters and the EEZ. Under be an avenue for legal reform in the future.60 section 151 a pollution response officer may direct ships carrying pollutants, which includes oil, to The risk of large-scale oil spills in the vicinity of proceed by a route and at a speed they specify.63 Scott Islands mNWA is in part addressed by the And under section 189, the Minister of Transport Voluntary Tanker Exclusion Zone and the Oil Tanker may direct a vessel that could discharge a prescribed Moratorium Act, described in Box 2, below. Together, pollutant, including oil, to proceed by a route and

5 7 ara P.. and avidson P..A. 200. Aerial Srveillance and il Spill mpacts ased on eached ird Srve ata Collected in Sothern ritish Colmbia. arine O rnithology 37; pp 61-65. 5 8 C a n a d a S h i p p i n g A c t , 20 0 1 , su p r a n o t e 1 5 , s 1 8 7 ; V e sse l P o l l u t i o n a n d D a n g e r o u s C h e m i ca l R e g u l a t i o n s, S O R / 20 1 2- 6 9, s 4 ( a ) . 5 9 V e sse l P o l l u t i o n a n d D a n g e r o u s C h e m i ca l R e g u l a t i o n s, su p r a n o t e 6 0 , s 1 ( 1 ) “ S e ct i o n I I w a t e r s, ” s 3 1 . A s n o t e d i n t h e l e g a l f r a m e w o r k a n a l ysi s, se ct i o n 3 . 2. 1 . 4 , t h e r e g u l a t i o n s a r e sl i g h t l y m o r e p e r m i ssi ve o f d i sch a r g e w i t h i n “ S e ct i o n I I w a t e r s, ” w h e r e S co t t I sl a n d m a r i n e N W A i s l o ca t e d . 6 0 F o r e xa m p l e , t h e V e sse l P o l l u t i o n a n d D a n g e r o u s C h e m i ca l R e g u l a t i o n s d o i d e n t i f y “ d e si g n a t e d se w a g e a r e a s, ” w h e r e se w a g e d i sch a r g e i s r e st r i ct e d u n l e ss i t i s p a sse d throgh an approved marine sanitation device and the efent meets strict fecal coliform standards. See essel Polltion and angeros Chemical eglations S2012 6 9, su p r a n o t e 6 0 , s 96 . 6 1 See for eample v irb ffshore arine perating C 201 CPC 1 indsa . Were the ones that have to live here eilts Still eel mpact of el Spill. C B C N e w s ( 1 3 O ct 20 1 7 ) . O n l i n e : cb c. ca / n e w s/ ca n a d a / b r i t i sh - co l u m b i a / t u g - si n ki n g - b e l l a - b e l l a - 1 . 4 3 5 295 3 6 2 ara P.. avidson P..A. 200. Aerial Srveillance and il Spill mpacts ased on eached ird Srve ata Collected in Sothern ritish Colmbia. arine O rnithology 37; pp 61-65. 63 C SA, su pra note 15, s 175.1(1)(b); and se e s 165 “pollutant.”

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 22 at a speed as specied64 These measures might be 35.1(1)(j) of the CSA. These regulations may apply to inefficient in practice because each individual ship all vessels, Canadian and foreign, within Canadian passing through the Scott Islands mNWA would waters and the EEZ.65 This power could be used to need to be identied by the Minister or a pollution establish routes that reduce the risk of chronic or response officer oever it may be possible to acute spills within the Scott Islands mNWA. introduce a general measure that identies Scott Islands as an area that the Minister or a pollution In other parts of anada shipping traffic has been response officer ould never designate as part of a managed more proactively within NWAs. For routeing order made under these sections. example, a permit is required to enter NWAs with marine components in Nunavut.66 These NWAs Finally, the Minister of Transport may introduce extend to the limit of the territorial sea. CWS could compulsory or recommended shipping routes in order introduce similar measures within the territorial sea to protect the marine environment under section portion of the Scott Islands mNWA.

6 4 I b i d , s 1 8 9( c) ; a n d se e s 1 8 5 “ p o l l u t a n t . ” 6 5 I b i d , ss 8 ( b ) , 3 5 . 1 ( 1 ) ( j ) . 66 See footnote 47.

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 23 Box 2: Voluntary Tanker Exclusion Zone and the Oil Tanker Moratorium Act n the acic coast a oluntary aner clusion one has been in place since 195 he boundary of the area was based on models of possible worst-case scenarios of the drift of a disabled tanker with cargo (Figure 7). The exclusion zone requires loaded oil tankers travelling between Valdez, Alaska, and Puget Sound, Washington, to travel outside the exclusion zone boundary, west of Vancouver Island and Haida Gwaii. It does not apply to tankers travelling to and from Canadian ports, a gap which appears to have been lled beteen the 190s and 2000s through a de facto oil taner moratorium policy on s north coast67,68 A complementary measure to the Voluntary Tanker Exclusion Zone, the Oil Tanker Moratorium Act, was introduced in 2019. This moratorium applies to the area from the northern Canada-United States border in BC to the point on BC’s mainland across from the northern tip of Vancouver Island (Figure 7).69 The Act prohibits oil tankers carrying more than 12,500 tonnes of crude oil or persistent oil products as cargo from stopping, loading or unloading at ports or marine installations in the moratorium area. It also prohibits the transport of oil between tankers and ports or marine installations, closing a potential loophole where crude or persistent oil could be shuttled to or from taners moored oshore While taner travel in the area is not technically illegal, in practice the combination of the Tanker Exclusion Zone and the Oil Tanker Moratorium Act greatly reduces the potential for oil tankers to travel along BC’s north coast, including within the Scott Islands mNWA. Figure 7. Boundaries of the Voluntary Tanker Exclusion Zone and the area under the Oil Tanker Moratorium Act Map displaying the boundaries of the Voluntary Tanker Exclusion Zone and the area under the Oil Tanker Moratorium Act (2019), relative to the Scott Islands mNWA.

6 7 S m i t h , su p r a n o t e 6 21 ; T r a n sp o r t C a n a d a . S a f e R o u t i n g , R e p o r t i n g a n d R e st r i ct i o n s f o r V e sse l s. O n l i n e : t c. ca n a d a . ca / e n / m a r i n e - t r a n sp o r t a t i o n / m a r i n e - sa f e t y/ sa f e - r o u t i n g - r e p o r t i n g - r e st r i ct i o n s- ve sse l s 6 8 iving ceans Societ. 2011. Shipping on the ritish Colmbia Coast. Crrent Stats Projected rends Potential Casalties and r Abilit to espond A rieﬁng R e p o r t . S o i n t u l a , B C : L i vi n g O ce a n s S o ci e t y . 6 9 ransport Canada. il aner oratorim on ritish Colmbias orth Coast. nline tc.canada.caenmarinetransportationmarinesafetoiltanermoratorimbritish co l u m b i a - s- n o r t h - co a st ; C a n a d i a n C o a st G u a r d , N o t i ce s t o M a r i n e r s 1 t o 4 6 A n n u a l E d i t i o n 20 1 9, su p r a n o t e 3 1 6 , se ct i o n A 5 , n o t i ce 1 0 , a r t i cl e 2. 5 .

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 24 PREDATOR INTRODUCTION The introduction of invasive and predatory species to islands is one of the greatest threats to nesting Legal options seabirds and can lead to the extinction of island The Scott Islands Protected Marine Area Regulations bird species. This has already occurred in the Scott have introduced legal measures to address this risk, Islands: mink and raccoons were introduced to including a prohibition on introducing “any living Lanz and Cox islands in the 1930s for fur trapping, organism that is likely to harm wildlife or degrade and it is presumed that the introduction of these the quality of wildlife habitat” within the area;73 a animals resulted in the extirpation of Cassin’s auklets prohibition on coming within 300m of the low water 70 and rhinoceros auklets. Domestic cats have also mark of the Triangle, Sartine or Beresford Islands;74 71 periodically been left on the islands by shers and a prohibition on anchoring a vessel of more than 400 gross tonnes within one NM of the low water The bird colonies on the Triangle, Sartine and 75 Beresford Islands are vulnerable to predator mark of the Triangle, Sartine or Beresford Islands. introductions, namely from rats that could jump from These provisions provide some protection to the area ships or be deposited on the islands from disabled from the risk of invasive species, primarily in the boats or lost cargo. The possibility of the introduction form of predator introduction. However, there is a of rats to these islands could have disastrous risk of introduction of other invasive species through consequences for breeding birds. shipping activities such as greywater discharge and Currently, research teams visiting the island adhere ballast water exchange. These invasive species could to strict protocols to prevent any introductions. be equally harmful to birds and other species and Rats might also be introduced to the islands via could contravene the Scott Islands conservation shipwrecks. A model of rodent introduction risk to and management objectives as well. These risks island ecosystems in Alaska found that the density are not thoroughly addressed in the Scott Islands of nearshore shing activity and volumes of nearby Regulations. Legal and management measures shipping traﬃc ere the best predictors of shiprecs to address these risks are discussed below in the which could result in accidental introductions.72 sections on greywater, sewage and ballast water.

7 0 C Pars. 200. an and Co slands Provincial Par Prpose Statement and oning Plan. nline bcpars.caplanningmgmtplnslancolan p s. p d f ? v = 1 4 7 25 0 95 7 0 23 0 7 1 D r e v e r , M . 20 0 2. I m p o r t a n t B i r d A r e a C o n se r va t i o n P l a n f o r t h e S co t t I sl a n d s. C a n a d i a n N a t u r e F e d e r a t i o n . O n l i n e : i b a ca n a d a . co m / d o cu m e n t s/ co n se r va t i o n p l a n s/ b csco t t i sl a n d s. p d f 7 2 enner . elson E. Watson . anie A. Poe A. obards . and S.C. ess. 201. he is of odent ntrodctions from Shiprecs to Seabirds on Aletian and B e r i n g S e a I sl a n d s. B i o l o g i ca l I n va si o n s. O n l i n e : d o i . o r g / 1 0 . 1 0 0 7 / s1 0 5 3 0 - 0 1 8 - 1 7 26 - z 7 3 S co t t I sl a n d s P r o t e ct e d M a r i n e A r e a R e g u l a t i o n s, su p r a n o t e 1 4 a t s 2( 1 ) ( c) . 7 4 I b i d . a t s 2( 1 ) ( e ) . 7 5 I b i d . a t s 2( 1 ) ( f ) .

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 25 VESSEL DISTURBANCE AND VESSEL STRIKES Vessel transit through the Scott Islands mNWA can Vessel speed is one of the primary predictors of ship result in disturbance to seabirds while at sea and can strike frequency and in the severity of collisions, and cause serious injury and death of marine mammals as vessels operating within Scott Islands mNWA travel a result of vessel strikes. at speeds consistent with ship strike mortality for cetaceans (see Figure 8). Vessel speed regulations essel traﬃc has been found to result in changes in have been shon to be somehat eective in behaviour and distribution patterns of seabirds on the 76 mitigating ship strikes. For example, research on ship water. These include everything from energetically strikes to North Atlantic right whales (NARW) on the costly responses such as causing birds to tae ight Atlantic coast estimated that vessel speed restrictions or dive, to physiological stress responses, such as reduced mortality of whales by 80 to 90 per cent;80 elevated heart rates hough dierent species respond however, more recent modelling demonstrates that dierently to vessels disturbances can disrupt there is no speed at which large vessels could strike foraging behaviours and feeding times, which are a hale ithout signicant ris of lethal inury and particularly important to birds foraging during their that the speed limits commonly discussed (i.e. 10 breeding seasons. Implementation of low-disturbance knots) would provide only small reductions in the or disturbance-free zones for seabirds have been put probability of lethal ship strikes.81 forward as management actions to mitigate the risk of these impacts in other jurisdictions.77 he Scott Islands mNWA has been identied as an “Important Area” for known concentrations of Whales are particularly vulnerable to ship strikes, humpback whales as part of the Ecologically and often resulting in death or serious injury. Fin and iologically Signicant Area identication process82 humpback whales, two of the cetacean species found 78 The Management Plan also notes that marine in the Scott Islands mNWA, are the most common mammal stries are a potential impact of vessel traﬃc victims of ship strikes in BC. Vessel strikes are also in the area. However, the 2016 and 2018 Regulatory a known threat to the two endangered species of sea Impact Analysis Statements for the mNWA did not turtle (leatherback and loggerhead turtles) known address threats or risks of vessel disturbance or to occur in BC waters and within the area of the 79 vessel strikes within the area, and the Scott Islands mNWA. Protected Marine Area Regulations do not provide any measures to reduce the impacts of vessel disturbance and strikes.

7 6 Schemmer P. endel . Sonntag . iersche . and S. arthe. 2011. Effects of Ship raffic on Seabirds in ffshore Waters mplications for arine Conservation and Spatial Planning. Eco logica l Applica tions, 21(5); pp 1851-1860. 7 7 liessbach .. orenhagen . se . arones . Schemmer P. and S. arthe. 201. A Ship raffic istrbance lnerabilit nde for orthest Eropean S eabirds as a Tool for M arine S patial P lanning. Frontiers in M arine S cience 6. 78 G regr, E.J., C alam boki dis, J. , C onve y, L., Ford, J. K.B., Perry, R .I., Spave n, L. and M . Zach arias. 2006. R eco ve ry Strategy for Blue, Fin, and Sei W hales (Balaenoptera mscls . phsals and . borealis in Pacific Canadian Waters. Species at is Act ecover Strateg Series. ancover isheries and ceans Canada. vii pp isheries and ceans Canada. 201. ecover Strateg for the orth Pacific mpbac Whale Megaptera novaeangliae) in C anada. Species at Risk Act R e co ve r y S t r a t e g y S e r i e s. F i sh e r i e s a n d O ce a n s C a n a d a , O t t a w a . 6 7 p p . 7 9 Species at is Pblic egistr. 201. Action Plan for the eatherbac Sea rtle ermochels coriacea in Canada Pacific poplation Species at is Pblic egistr. Species Profile oggerhead Sea rtle. nline ildlifespecies.canada.caspeciesrisregistrspeciesspeciesetailse.cfmsid100 80 C onn, P.B. and Silber, G .K. 2013. Vesse l Speed R est rict ions R educe R isk of C ollisi on-R elated M ortality for N orth Atlantic R ight W hales. Eco sp here, 4(4); pp 1-16. 8 1 K e l l y , E . K . , V l a si c, J. P . a n d S . W . B r i l l i a n t . 20 20 . A sse ssi n g t h e L e t h a l i t y o f S h i p S t r i ke s o n W h a l e s U si n g S i m p l e B i o p h ysi ca l M o d e l s. M a r i n e M a m m a l S ci e n ce , p p 1 - 1 7 . O nline: doi.org/10.1111/m m s.12745 8 2 amieson .S. and evese C. 201. dentification of Ecologicall and iologicall Significant Areas on the West Coast of ancover sland and the Strait of eorgia a n d i n S o m e N e a r sh o r e A r e a s o n t h e N o r t h C o a st : P h a se I I – D e si g n a t i o n o f E B S A s. D F O C a n a d i a n S ci e n ce A d vi so r y S e cr e t a r i a t R e se a r ch D o c u m e n t . 20 1 4 / 1 0 1 . vi i + 3 6 p p a t 8 .

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 26 Figure 8. Average 2015-2019 ship speeds for the South Coast of BC Map displaying average ship speeds in knots for the South Coast of British Columbia from 2015 to 2019. Average speeds were derived from AIS point locations across all available ship types on a per-pixel basis. See Appendix D for a breakdown by individual ship types.

Legal options and foreign vessels within Canadian waters and the EEZ.84 They may include measures that regulate The Scott Islands Protected Marine Area Regulations ship navigation (including speed restrictions) within do not provide any measures to reduce the risk of the mNWA. The CSA also allows the Minister of vessel disturbance and vessel strikes, nor are there Transport to introduce the same measures via an any existing measures under the CSA or other statutes interim order, which can last up to one year.85 Such or regulations that would address these issues. an order may be extended for a further two years, or be established more permanently through regulation. Speed reduction These powers have been used on the Atlantic coast Speed reduction measures could be introduced to introduce a seasonal speed restriction zone to through complementary measures to the MPA, reduce the risk of fatal ship strikes to NARW in the or via measures within the Scott Islands mNWA western portion of the Gulf of St. Lawrence. Within Regulations themselves. the “dynamic” sectors of the speed restriction zone, The legislative authority to introduce complementary vessels may proceed at safe operational speeds unless speed reduction measures can be found under the NARW are present. The restrictions are in place CSA. Under that Act, the Minister of Transport from April until November, and a voluntary speed may make general regulations for the purpose reduction is in place for vessels in the presence of of protecting the marine environment.83 These the whales at all times. Speed reductions are posted regulations can be made to apply to all Canadian monthly as Notices to Mariners (NOTMAR) and Notices to Shipping.

83 C SA, su pra note 15, ss 35.1(1), 136(1). 8 4 I b i d . , s 8 ( b ) , w h i ch st a t e s t h a t s. 3 5 . 1 ( 1 ) a p p l i e s t o “ f o r e i g n ve sse l s i n w a t e r s i n t h e e xcl u si ve e co n o m i c zo n e o f C a n a d a . ” 8 5 I b i d . , s 1 0 . 1 .

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 27 Measures could also be introduced into the Scott restrictions. The Regulations could also mandate that Islands Protected Marine Area Regulations that these measures be introduced through management introduce speed restriction zones or seasonal speed planning.

Approach distances vessels to maintain distance suﬃcient to avoid disturbing nesting seabirds, to avoid concentrations The Minister of Transport may also establish of seabirds on the water, and several other measures. approach distances from whales within the mNWA However, these guidelines are non-binding, and other under sections 35.1 and 136 of the CSA. The migratory bird legislation still applies.88 Minister of Transport has relied on these provisions to issue interim orders in 2019 and 2020 that Vessel routeing protect southern resident killer whales (SRKW). These measures include a requirement that vessels As noted above in the “Oil discharges and spills” maintain a 400m approach distance from SKRW; a section, the Minister of Transport may introduce requirement that whale-watching boats maintain a compulsory or recommended shipping routes in order 200m to 400m approach distance, if so authorized; to protect the marine environment under section and the introduction of “interim sanctuary zones” 35.1(1)(j) of the CSA. These regulations may apply to for SRKW by creating vessel no-go zones in the all vessels, Canadian and foreign, within Canadian 89 aters o of Saturna Island ender Island and waters and the EEZ. This power could be used to Swiftsure Bank.87 introduce low-disturbance or disturbance-free zones within known feeding and foraging zones, as well as Similar measures could be introduced to protect in areas adjacent to nesting bird colonies, in order to marine wildlife, including whale and seabird reduce the impacts of vessel disturbance on seabirds. populations, within the Scott Islands mNWA. ECCC has seabird avoidance guidelines, which require See Recommendation #1: Introduce measures to regulate vessel routeing.

86 IM O M EPC .1/C irc. 833: G uidelines for the R educt ion of U nderw ater N oise from C om m erci al Shipping to Address Adve rse Im pact s on M arine Life. Inform ation D ocu m ent .2.1. ASCAS Advisor Committee eeting 2 September1 ctober 201. Seden. ascobans.orgsitesdefaltﬁlesdocmentAC21nf.2.1oiseidelines. p d f 87 Interim O rder for the Protect ion of Killer W hales (O rci nus orca ) in the W aters of Southern British C olum bia, M ay 27, 2019 (pursu ant to C anada Shipping Act , 2001); Interim O rder for the Protect ion of Killer W hales (O rci nus orca ) in the W aters of Southern British C olum bia, 2020, M ay 31, 2020 (pursu ant to C anada Shipping Act , 2001). 88 G ove rnm ent of C anada. 2018. G uidelines to Avo id D ist urbance to Seabird and W aterbird C olonies in C anada. 8 9 C S A , su p r a n o t e 1 5 , ss 8 ( b ) , 3 5 . 1 ( 1 ) ( j ) .

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 28 UNDERWATER NOISE Across the world’s oceans, low-frequency density, in order to conserve areas that are acoustic underwater noise has doubled since 1960, largely sanctuaries, or refugia.94 due to shipping.90 This has impacted marine life, especially marine mammals that rely on the acoustic The International Union for Conservation of Nature environment by aecting communication hunting (IUCN) has recommended the establishment of noise restrictions in MPAs to achieve relatively undisturbed and feeding; forcing animals to avoid preferred 95 habitats; and increasing stress hormones, all of seascapes signicantly free of human disturbances hich has led to feer ospring and higher death The reduction of direct injury or mortality from rates.91 In areas of high vessel density, the impacts on ship stries and the sublethal behavioural eects of these animals are increased because of the continual underwater noise pollution were also components of and chronic input into the marine environment. the IUCN’s call for action to achieve the Sustainable Therefore, while there may be a need to directly Development Goal 14 (conserve and sustainably use the oceans, seas and marine resources for sustainable regulate the noise generated from vessels (e.g., 96 through vessel design regulation, such as hull design development). and engine type), an indirect way to reduce noise impacts in Scott Islands is to reduce or limit the Legal options volume and speed of vessel traﬃc As noted above, the Scott Islands Protected Marine The development of the Scott Islands mNWA Area Regulations permit the navigation of vessels as signicantly inuenced by recognition of through the mNWA in accordance with the CSA. the importance of oshore feeding grounds There are currently no measures under the CSA which provide an important source of deepwater or any other Canadian legislation that address zooplankton for the seabirds nesting on the islands.92 underwater noise. However, there are existing legal Seabirds that dive to forage for their food may use, tools that can mitigate underwater noise and its or be sensitive to, underwater sounds. Underwater impacts within the Scott Islands mNWA, including hearing has only been measured for a few species of speed restrictions, vessel routeing and monitoring diving birds, but research indicates that they respond (discussed in greater detail below). to and use sounds underwater.93 This may make birds The Government of Canada is developing the Ocean vulnerable to impacts of underwater anthropogenic Noise Strategy to address underwater noise. One noise during foraging. guiding principle of this strategy is the precautionary Several species of marine mammals, including approach that a lac of full scientic certainty must cetaceans and seals, also transit and use the not be used as a reason for postponing costeective productive waters within the area of the mNWA. measures to reduce the eects of anthropogenic Several areas o the coast present opportunities underwater noise” and to take a risk-based approach to implement noise restrictions in areas where lower by assuming that “adverse consequences increase levels of noise overlap with areas of higher animal with increased exposure to underwater noise.”97

90 nternational aritime rganiation. 2020. Ship oise. nline imo.orgenediaCentreotopicsPagesoise.asp 91 W W F - C a n a d a . 20 1 7 . U n d e r w a t e r N o i se f r o m A r ct i c S h i p p i n g : I m p a ct s, R e g u l a t i o n s a n d R e co m m e n d a t i o n s. O n l i n e : w w f . ca / w p - co n t e n t / u p l o a d s/ 20 20 / 0 3 / U n d e r w a t e r - noisefromArcticShippingimpactsreglationsandrecommendationsApril201.pdf 92 Bertram , D .F. 2019. O il Spill Settlem ent Funds D irect ed to Seabird C onse rva tion. M arine Policy 108. O nline: doi.org/10.1016/j.m arpol.2019.103622 93 ansen .A. arsen .. and . Wahlberg. 2016. nderater earing in the reat Cormorant Phalacrocora carbo sinensis ethodological Considerations. Fourth International C onference on the E ffect s of N oise on A quatic Life, Volum e 27, 010015. O nline: doi.org/10.1121/2.0000267; C row ell, S .C . 2016. M easu ring In-A ir and nderater earing in Seabirds in Popper A.. ains A. Eds. he Effects of oise on Aatic ife . Springer e or e or . pp 111160. 94 W illiam s, R ., E rbe, C ., A she, E . and C .W . C lark. 2015. Q uiet(er) M arine P rotect ed A reas. M arine P ollution B ulletin. 100, pp 154-161. O nline: doi.org/10.1016/j. m a r p o l b u l . 20 1 5 . 0 9. 0 1 2 95 a . dle . ocings . olmes . affole . Stolton S. and S. Wells. 2012. idelines for Appling the C Protected Area anagement Categories to M a r i n e P r o t e ct e d A r e a s. I U C N . 96 C. 201. C Position on S1 Call for Action. he cean Conference eor ne 201. nline icn.orgsitesdevﬁlessdg1conference201icn positionpaper.pdf 97 G o ve r n m e n t o f C a n a d a . 20 20 . O ce a n N o i se S t r a t e g y f o r C a n a d a : D i scu ssi o n D o cu m e n t . O n l i n e : d f o - m p o . g c. ca / o ce a n s/ co n su l t a t i o n s/ n o i se - b r u i t / o ce a n - n o i se - st r a t e g y- st r a t e g i e - b r u i t - o ce a n s- e n g . p d f

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 29 Canada should draw on international guidance and in gaining participation, with 82 per cent of large standards for measuring and mitigating underwater commercial ships voluntarily slowing down in 2019, noise levels. For example, the European Union and as eective in reducing underater noise Marine Strategy Framework Directive (2008/56/ intensity by half.106 iven the non greater eﬃcacy EC) suggests that the annual average ambient noise of mandatory measures, this indicates that mandatory level should not be greater than 100 decibels,98 speed reduction measures should be considered as an though shipping noise in some areas of the BC eective solution to underater noise particularly in coast exceeds this.99 In addition, the International areas of low compliance.107 Maritime Organization (IMO) has recognized that underwater noise can have short- and long-term See Recommendation #2: Introduce measures negative consequences on marine life, and it has to regulate vessel speed. released Guidelines for the Reduction of Underwater Vessel routeing Noise from Commercial Shipping to Address Adverse Impacts on Marine Life.100 A 2013 workshop on underwater noise in Canada’s acic recommended that noiseproducing activities Speed reduction be excluded altogether from certain sensitive habitat 108 educing ship speed is an eective means of areas. This could be accomplished through the reducing underwater noise. Underwater noise could Minister of Transport’s vessel routeing powers to be addressed through the Minister of Transport’s protect the marine environment, discussed above in power to make general regulations for the purposes “Oil discharges and spills.” The Minister of Transport of protecting the marine environment under the may introduce compulsory or recommended shipping 101 routes, and may regulate navigation, in order to CSA. As noted above, these regulations can be made 109 to apply to all Canadian and foreign vessels within protect the marine environment. These regulations 102 may apply to Canadian and foreign vessels within Canadian waters and the EEZ. These measures may 110 also be introduced through an interim order.103 Canadian waters and the EEZ. A voluntary slow-down program initiated by the See Recommendation #1: Introduce measures Vancouver Fraser Port Authority’s Enhancing to regulate vessel routeing. Cetacean Habitat and Observation (ECHO) Program has shown promising results.104 The program, which began in 2017, introduced a voluntary slow down for commercial ships transiting Haro Strait and oundary ass in the uan de uca Strait from early uly to ctober105 This program was successful

98 aser .. Amndin . Andre . ains A. ang W. and . erc. 2010. arine Strateg rameor irective as rop 11 eport and ther orms of Energ U nderw ater N oise . O nline: doi.org/10.2788/87079 99 Erbe, C ., M acG illivr ay, A. and W illiam s, R . 2012. M apping C um ulative N oise from Shipping to Inform M arine Spatial Planning. Jo urnal of the Aco ust ica l Soci ety of Am erica 132(5). O nline: doi.org/10.1121/1.4758779 100 IM O M EPC .1/C irc. 833: G uidelines for the R educt ion of U nderw ater N oise from C om m erci al Shipping to Address Adve rse Im pact s on M arine Life (30 Ju ly 2014). 101 C SA, su pra note 15, ss 35.1(1), 136(1). 1 0 2 I b i d . , s 8 ( b ) , w h i ch st a t e s t h a t s. 3 5 . 1 ( 1 ) a p p l i e s t o “ f o r e i g n ve sse l s i n w a t e r s i n t h e e xcl u si ve e co n o m i c zo n e o f C a n a d a . ” 1 0 3 I b i d . , s 1 0 . 1 . 1 0 4 ancover raser Port Athorit. Enhancing Cetacean abitat and bservation EC Program. nline portvancover.comenvironmentalprotectionattheportof va n co u ve r / m a i n t a i n i n g - h e a l t h y- e co syst e m s- t h r o u g h o u t - o u r - j u r i sd i ct i o n / e ch o - p r o g r a m 1 0 5 T h e sl o w - d o w n r e q u i r e m e n t w a s 1 4 . 5 kt o r l e ss t h r o u g h t h e w a t e r f o r ve h i cl e ca r r i e r s, cr u i se sh i p s a n d co n t a i n e r ve sse l s a n d 1 1 . 5 kt o r l e ss t h r o u g h t h e w a t e r f o r b u l ke r s, t a n ke r s, f e r r i e s a n d g o ve r n m e n t ve sse l s. 1 0 6 ancover raser Port Athorit. 2020. EC Program 201 olntar essel Slodon rial in aro Strait and ondar Pass. Smmar findings. nline portvancover.compcontentploads20200ECProgram201volntarvesselslodoninaroStraitandondarPassfinalreport.pdf 1 0 7 S e e W h i t n e y , C . K . , e t a l . 20 1 6 . I m p r e ci se a n d W e a kl y A sse sse d : E va l u a t i n g V o l u n t a r y M e a su r e s f o r M a n a g e m e n t o f M a r i n e P r o t e ct e d A r e a s. M a r i n e P o l i cy 6 9, 92: “ V e r y f e w p a p e r s ( o n l y 20 o f 1 4 4 ) p r o vi d e d t h o r o u g h a sse ssm e n t s o f o u t co m e s o r e f f e ct i ve n e ss o f vo l u n t a r y m e a su r e s; o f t h e se , l e ss t h a n a q u a r t e r p o i n t e d t o su cce ssf u l o u t co m e s i n co n n e ct i o n w i t h vo l u n t a r y m e a su r e s f o r M P A s o r m a r i n e co n se r va t i o n m o r e b r o a d l y , w h i l e h a l f i n d i ca t e d m i xe d o r u n ce r t a i n r e su l t s. T h e m a i n f a ct o r t o w h i ch f a i l u r e o f vo l u n t a r y m e a su r e s w a s a t t r i b u t e d w a s t h e l a ck o f l e ve r a g e t o d i sco u r a g e n o n - co m p l i a n ce . ” ; S e e a l so M cK e n n a , M . F . , e t a l . 20 1 2. R e sp o n se o f C o m m e r ci a l S h i p s to a Voluntary Speed R educt ion M easu re: Are Voluntary Strategies Adequate for M itigating Ship-Strike R isk? C oast al M anagem ent 40, 634; Silber, G .K., Adam s, J. D . and C . J. F o n n e sb e ck. 20 1 4 . C o m p l i a n ce w i t h V e sse l S p e e d R e st r i ct i o n s t o P r o t e ct N o r t h A t l a n t i c R i g h t W h a l e s. P e e r Jo u r n a l 2, e 3 99. 1 0 8 WWCanada. 201. inding anagement Soltions for nderater oise in Canadas Pacific. ancover Aarim and WWCanada ancover C. 1 0 9 C S A , su p r a n o t e 1 5 , s 3 5 . 1 ( 1 ) . 1 1 0 I b i d . , ss 8 ( b ) , 3 5 . 1 ( 1 ) ( j ) .

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 30 Management and monitoring of include noise monitoring in key areas and inclusion of underwater noise specic obectives in relation to noise such as a goal of no net increase in underwater anthropogenic noise Measures to manage and monitor underwater noise for important areas that are currently subject to low could also be included within the Scott Islands noise levels.111 mNWA Management Plan. Recommended measures

RECOMMENDATION #3: Establish vessel and noise monitoring programs for the mNWA. Vessel and noise monitoring programs have occurred in marine protected areas (MPAs) such as SGaan Kinghlas-Bowie Seamount112 and the Gully.113 Similar programs have been established in United States National Marine Sanctuaries.114 Expanding the use of these indicators and monitoring programs to other Canadian MPAs will increase understanding of human activities and anthropogenic noise and ensure the eﬃcacy of measures taen to address these issues.

1 1 1 WWCanada. 201. inding anagement Soltions for nderater oise in Canadas Paciﬁc. ancover Aarim and WWCanada ancover C. 1 1 2 D FO . 2011. SG aan Kinghlas- Bow ie Seam ount M arine Protect ed Area M onitoring Indica tors, Protoco ls and Strategies. D FO C anadian Sci ence Advi so ry Secr etariat S ci e n ce A d vi so r y R e p o r t . 20 1 0 / 0 3 6 ; N E M E S . 20 1 5 . W o r ksh o p o n V e sse l s a n d N o i s e a t S G a a n K i n g h l a s- B o w i e ( S K - B ) S e a m o u n t M P A . n e m e sp r o j e ct . co m / 20 1 5 / 0 2/ 20 / w o r ksh o p - o n - ve sse l s- a n d - n o i se - a t - sg a a n - ki n g h l a s- b o w i e - sk- b - se a m o u n t - m p a / 1 1 3 D F O . 20 1 0 . G u l l y M a r i n e P r o t e ct e d A r e a M o n i t o r i n g I n d i ca t o r s, P r o t o co l s a n d S t r a t e g i e s. D F O C a n a d i a n S ci e n ce A d vi so r y S e cr e t a r i a t S ci e n ce A d vi so r y R e p o r t . 20 1 0 / 0 6 6 . 1 1 4 N O A A . N a t i o n a l M a r i n e S a n ct u a r i e s: S o u n d M o n i t o r i n g . A cce sse d 1 2 D e ce m b e r 20 20 . sa n ct u a r i e s. n o a a . g o v/ sci e n ce / m o n i t o r i n g / so u n d /

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 31 GREYWATER Greywater, characterized as drainage from sinks, coast, with 1.37 billion litres of that total generated laundry machines, bath tubs, shower stalls or by vessels associated with tourism, including cruise dishwashers, can have pollution levels comparable ships and yachts.117 ruise ship traﬃc commonly to untreated sewage.115 It can contain a variety of transits through the Scott Islands, between Beresford pollutants; it can increase the amount of nutrients Island and the Lanz and Cox Islands. An estimated in the surrounding water, causing algal blooms and 143.9 million litres of greywater have been produced anoxic dead zones; and it can spread harmful bacteria and potentially discharged in the mNWA during and disease, posing risks to human health.116 In 2017, the period of anuary 2015 to ecember 2019 it was estimated that an annual total of 1.54 billion (see Figure 9). litres of greywater was been generated on the BC Figure 9. Cumulative 2015-2019 ship greywater generation for the South Coast of BC Map displaying cumulative ship greywater generation for the South Coast of British Columbia from 2015 to 2019 as represented by total litres per 0.5 degrees.2 stimates ere derived from AIS point locations across all available ship types in combination ith coeﬃcients of greywater production. See Appendix E for a breakdown by individual ship types.118

1 1 5 V e ss e l P o l l u t i o n a n d D a n g e r o u s C h e m i ca l s R e g u l a t i o n s, S O R / 20 1 2- 6 9 a t s 1 3 1 . 1 ( 1 ) . 1 1 6 olan . and an . 2001. Crise Control eglating Crise Ship Polltion on the Paciﬁc Coast of Canada. West Coast Environmental a. nline georgiastrait. orgpcontentploads20102CriseControlWCE.pdf 1 1 7 Vard M arine Inc. 2019. G reyw ater G eneration Est im ates for the BC C oast . R eport #381-000. Produce d for W W F-C anada. O nline: w w f.ca /w p-co ntent/uploads/ 2020/03/ EWAEEEAESAESECCoastne201.pdf 1 1 8 Vard M arine, Inc. 2019. G reyw ater G eneration Est im ates for the BC C oast . O ttaw a, O N : Vard M arine. O nline: w w f.ca /w p-co ntent/uploads/ 2020/03/greyw ater-generation- estimatesforthebccoastjne201.pdf

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 32 Legal options Discharge prohibition and no-discharge zones The Scott Islands Protected Marine Area Regulations do not expressly address greywater discharges, and The Scott Islands mNWA could restrict the discharge the Regulatory Strategy indicates that no restrictions of greywater within the entire mNWA, as is the case were anticipated beyond existing CSA Regulations.119 in the Banc-des-Américains MPA.126 This would be Additionally, the prohibition on dumping or consistent with foreign vessels’ freedom of navigation, discharging waste or other substances likely to harm because greywater discharge does not serve a wildlife or habitat within the mNWA does not apply navigational purpose and is therefore not essential to to vessel navigation. It appears therefore that CWS foreign states’ exercise of this freedom. An exception considers greywater discharge to be an aspect of in the event of emergencies is already provided for vessel navigation and therefore permitted within in the Vessel Pollution and Dangerous Chemicals Scott Islands mNWA if consistent with the CSA and Regulations.127 Another option is to identify a its Regulations.120 no-discharge zone under the Vessel Pollution and Dangerous Chemicals Regulations that encompasses However, the prohibition to “introduce any living the Scott Islands mNWA. organism that is likely to harm wildlife or degrade the quality of wildlife habitat” does apply to vessel Alternatively, greywater discharges within Scott navigation. This means that greywater discharge, Islands mNWA could be required to meet a higher which is known to introduce pathogens in marine standard for treatment and euent uality his areas, should be prohibited within the mNWA could be accomplished through provisions in the according to its Regulation.121 mNWA Regulation. It could also be established under the Vessel Pollution and Dangerous Chemicals Under the CSA, greywater and other discharges are Regulations, which has established areas where governed by the Vessel Pollution and Dangerous sewage discharge must meet a higher standard for Chemicals Regulations. The provisions on greywater fecal coliform count.128 apply to all vessels in waters under Canadian jurisdiction other than Arctic waters.122 The Vessel Pollution and Dangerous Chemicals Regulations dene greyater as drainage from sinks, laundry machines, bath tubs, shower-stalls or dishwashers.123 It does not include sewage, or drainage from machinery spaces or workshop areas.124 The Regulation requires that any release of greywater by or from the vessel into the water does not result in deposit of solids or leave a sheen on the water.125 The terms solids or sheen are undened and the type of substances allowed in greywater discharges are not specied

1 1 9 Envi ronm ent C anada. 2013. R egulatory Strategy for the D esi gnation of the Propose d Sco tt Isl ands M arine N ational W ildlife Area, Table 2 “Sum m ary of m anagem ent a p p r o a c h e s f o r cu r r e n t a ct i vi t i e s o ccu r r i n g w i t h i n t h e p r o p o se d b o u n d a r i e s o f t h e S co t t I sl a n d s N a t i o n a l W i l d l i f e A r e a ” . 1 20 S co t t I sl a n d s P r o t e ct e d M a r i n e A r e a R e g u l a t i o n s, su p r a n o t e 1 4 s 5 ( b ) . 1 21 I b i d . , s 2( c) . 1 22 I b i d . , s 1 3 1 . 1 ( 2) . 1 23 his deﬁnition is incorporated b reference into the recent ancdesAmricains arine Protected Area eglations S2010. 1 24 V e sse l P o l l u t i o n a n d D a n g e r o u s C h e m i ca l s R e g u l a t i o n s, su p r a n o t e 6 0 s . 1 3 1 . 1 ( 1 ) . 1 25 I b i d . , s 1 3 1 . 1 ( 4 ) . 1 26 B a n c- d e s- A m é r i ca i n s M a r i n e P r o t e ct e d A r e a R e g u l a t i o n s, su p r a n o t e 1 24 , s 6 ( b ) . 1 27 V e s se l P o l l u t i o n a n d D a n g e r o u s C h e m i ca l s R e g u l a t i o n s, su p r a n o t e 6 0 , s. 1 3 1 . 1 ( 3 ) . 1 28 I b i d . , s 96 .

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 33 RECOMMENDATION #4: Introduce prohibitions on vessel discharges. The discharge of potentially harmful substances from vessels should be completely prohibited within the Scott Islands mNWA. This is consistent with the minimum protection standard on dumping ithin MAs hich should be comprehensively dened to include all of these common vessel discharges. Harmful substances include discharges of oily mixtures, greywater, sewage and ballast water, as well as other general vessel discharges. A number of legal options exist under the CSA and its Regulations to prohibit these discharges. For example, the waters of the Scott Islands mNWA have been designated as a no-discharge zone under the Vessel Pollution and Dangerous Chemicals Regulations and the Ballast Water Control and Management Regulations. A similar no-discharge zone could also be included within the Scott Islands Protected Marine Area Regulations. Another option is to require a higher standard of treatment for all euents discharged ithin the area

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 34 SEWAGE Sewage discharge can introduce invasive species The CSA regulates sewage discharge under the Vessel and produce fecal-contaminated waters, which pose Pollution and Dangerous Chemicals Regulations, health riss to humans ho eat sh and bivalves covered in greater detail in Select las aecting from these areas.129 Similar to greywater, and unlike commercial shipping” in the “Canadian legal physical transit or ballast water discharge, the release framework” section of Navigating the Law. Sewage of sewage is unnecessary for safe and continuous discharge is strictly regulated in terms of location navigation. and concentration: within 3NM of the shoreline, the discharge of raw sewage is prohibited with few and Although treated sewage is generally permitted for specic eceptions discharge (dependent on the type of vessel and area) by the Vessel Pollution and Dangerous Chemical The Regulations also create Designated Sewage Areas Regulations, the IMO’s Marine Environmental here vessel seage euent must meet a higher Protection Committee has found onboard sewage standard (a coliform count of less than 14/100mL treatment plants fail to treat sewage to minimum versus a coliform count of less than 250/100mL in standards up to 97 per cent of the time.130 In light of other areas).134 these ndings all seage should be considered unsafe for disposal in sensitive and important areas. Discharge Prohibition and Designated Sewage Areas Legal options As with greywater, the Scott Islands mNWA would Like greywater, the Scott Islands Protected Marine benet from a total prohibition on seage discharge Area Regulations do not address sewage discharges, within the entire mNWA. This prohibition could be and the Regulatory Strategy indicates that no included within the Scott Islands Protected Marine restrictions on sewage discharge were anticipated Area Regulations, similar to the prohibition found 131 in the Banc-des-Américains Marine Protected Area beyond existing CSA Regulations. This similarly 135 indicates that CWS considers sewage discharge to be Regulations. an aspect of vessel navigation that is permitted within Alternatively, the Scott Islands mNWA could be Scott Islands mNWA if consistent with the CSA established as a Designated Sewage Area under 132 and its Regulations. However, it is prohibited to the Vessel Pollution and Dangerous Chemicals “introduce any living organism that is likely to harm Regulations, where sewage discharge would be wildlife or degrade the quality of wildlife habitat” required to meet a high standard for treatment does apply to pathogens that could be introduced and euent uality his ould reuire ongoing 133 through sewage discharges. monitoring and enforcement to ensure that vessels transiting Scott Islands meet this standard. See Recommendation #4: Introduce prohibitions on vessel discharges.

1 29 Smith .. and iddle . 200. Seage isposal and Wildlife ealth on Antarctica. ealth of Antarctic Wildlife A Challenge for Science and Polic. Springer erlin eidelberg erman. pp 21. 1 3 0 EPC 1.22 pdated information and analsis based on tests on the efent of seage treatment plants s 6. 131 Envi ronm ent C anada. 2013. R egulatory Strategy for the D esi gnation of the Propose d Sco tt Isl ands m arine N ational W ildlife Area, Table 2 “Sum m ary of m anagem ent a p p r o a ch e s f o r cu r r e n t a ct i vi t i e s o ccu r r i n g w i t h i n t h e p r o p o se d b o u n d a r i e s o f t h e S co t t I sl a n d s N a t i o n a l W i l d l i f e A r e a . ” 1 3 2 A s p e r S co t t I sl a n d s P r o t e ct e d M a r i n e A r e a R e g u l a t i o n s, su p r a n o t e 1 4 , s 5 ( b ) . 1 3 3 I b i d . , s 2( c) . 1 3 4 V e sse l P o l l u t i o n a n d D a n g e r o u s C h e m i ca l s R e g u l a t i o n s, su p r a n o t e 6 0 , s 96 . 1 3 5 B a n c- d e s- A m é r i ca i n s M a r i n e P r o t e ct e d A r e a R e g u l a t i o n s, su p r a n o t e 1 24 , s 6 ( b ) .

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 35 BALLAST WATER Ballast water can carry pathogens and invasive that was taken onboard a vessel outside of Canada’s organisms136 and is a potential threat to the Scott EEZ, with exceptions for emergencies.141 If the Islands mNWA ecosystem and conservation requirements cannot be met, alternative exchange objectives. Introductions of marine species at other areas are provided in the Regulations.142 One of levels of the food web, such as phytoplankton or the alternative exchange areas provided for in the zooplankton, can also pose a threat to the marine Regulations incorporates protections for the SGaan ecosystem In other regions of the acic coast Kinghlas-Bowie Seamount MPA by exempting waters invasions of introduced zooplankton species have within 50NM of the Bowie Seamount from the larger been found to be associated with declines in native exchange area.143 and historically dominant species, and with declining sh populations137 Such introductions may impact Prohibition on ballast water exchange higher levels of the food web, such as seabirds. The Scott Islands mNWA could be protected from invasive species and harmful aquatic organisms and Legal options pathogens by including a prohibition on exchanging ballast water within an appropriate distance of The Scott Islands Protected Marine Area Regulations the mNWA. This could be established in the Scott and the Scott Islands Regulatory Strategy do not Islands Protected Marine Area Regulations, or address ballast water discharges. Ballast water through the Ballast Water Control and Management discharges may be considered as an aspect of vessel Regulations, as has been done to protect SGaan navigation and therefore permitted within Scott Kinghlas-Bowie Seamount MPA. Islands mNWA if consistent with the CSA and its Regulations.138 However, the Regulations do prohibit See Recommendation #4: Introduce the introduction of “any living organism that is likely prohibitions on vessel discharges. to harm wildlife or degrade the quality of wildlife habitat,” which would apply to invasive species that could be introduced through ballast water discharges.139 The CSA regulates ballast water under the Ballast Water Control and Management Regulations. These Regulations generally restrict ballast exchange outside of designated ballast water exchange zones for marine areas inside Canada’s territorial sea and EEZ. The Regulations are designed to minimize the introduction of harmful aquatic organisms or pathogens from ballast water into waters under Canadian jurisdiction.140 They prohibit the release within the limits of Canada’s EEZ of ballast water

1 3 6 R i cc i a r d i , A . 20 1 6 . T r a cki n g M a r i n e A l i e n S p e ci e s b y S h i p M o ve m e n t s. P r o ce e d i n g s o f t h e N a t i o n a l A ca d e m y o f S ci e n ce s o f t h e U n i t e d S t a t e s o f A m e r i ca 1 1 3 ( 20 ) , p p 5 4 7 0 - 5 4 7 1 . 1 3 7 ollens S.. recenridge . . anden ooff . C. and .. Cordell. 2011. esoooplanton of the oer San rancisco Estar Spatioemporal Patterns ES E f f e ct s a n d t h e P r e va l e n ce o f N o n - I n d i g e n o u s S p e ci e s. Jo u r n a l o f P l a n kt o n R e se a r ch 3 3 ( 9) , p p 1 3 5 8 – 1 1 - 1 3 7 7 . d o i . o r g / 1 0 . 1 0 93 / p l a n kt / f b r 0 3 4 ; C o r d e l l , J. R . a n d R a sm u sse n , . 200. iolog of the ntrodced Copepod Psedodiaptoms inopins in a ortheast Paciﬁc Estar. arine Ecolog Progress Series pp 2122. doi10. m e p s3 3 3 21 3 1 3 8 A s p e r S co t t I sl a n d s P r o t e ct e d M a r i n e A r e a R e g u l a t i o n s, su p r a n o t e 1 4 , s 5 ( b ) . 1 3 9 I b i d . , s 2( c) . 140 Ibid., s. 4(2). Ballast W ater C ontrol and M anagem ent R egulations, SO R /2011-237 [Ballast W ater C ontrol and M anagem ent R egulations] , ss 4(2), 6. 1 4 1 I b i d . , s 6 . 1 4 2 I b i d . , s 6 ( 4 ) . 143 Ibid., s 6(4)(b).

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 36 GENERAL VESSEL DISCHARGES As noted above, vessels can discharge a number of Under the CSA, vessels are prohibited from substances including oil, ballast water, greywater discharging oily bilge water with oil concentrations or sewage. Sometimes it may be more desirable to greater than 15 parts per million. There are other address these discharges on an individual basis, prohibitions or limitations on the release of other and sections for specic discharges are addressed substances It is an oence under the SA if these above. In other circumstances, it may be more limits are eceeded and therefore also an oence eﬃcient or convenient to address vessel discharges under the Scott Island Protected Marine Area as a general discharge category because multiple Regulations, as the vessel would no longer be types of discharges threaten conservation objectives transiting in accordance with the CSA. cumulatively. In addition, the federal government’s commitment to prohibit dumping within MPAs, as Prohibition on dumping and discharge part of its minimum protection standards initiative, As noted above, the federal government has should result in a broad prohibition on “dumping” committed to a prohibition on ocean dumping within ithin MAs that is comprehensively dened to 144 all new MPAs, including mNWAs, as part of its include all of these common vessel discharges. initiative to establish minimum protection standards within MPAs.147 Dumping should be comprehensively Legal options dened to include all of these common vessel discharges.148 These standards are expected to be The Scott Islands Protected Marine Area Regulations applied to existing protected areas as part of the prohibit “dump[ing] or discharg[ing] any waste regular cycle of management review. Because the material or substance that is likely to harm wildlife Scott Islands mNWA management plan is still under or degrade the quality of wildlife habitat” within review, there is an opportunity now to apply the the mNWA, however this prohibition does not prohibition on dumping and discharge, including apply to the navigation of vessels in accordance general vessel discharges, within the mNWA. with the CSA.145 The Regulatory Strategy indicates Ultimately, this prohibition can be incorporated that no restrictions on vessel discharges such as into the Regulations by prohibiting dumping and greywater, sewage, hazardous waste and garbage were discharge from vessels navigating through the anticipated beyond existing CSA Regulations.146 mNWA. Under the CSA, the Vessel Pollution and Dangerous See Recommendation #4: Introduce Chemicals Regulations and the Ballast Water prohibitions on vessel discharges. Control and Management Regulations are the primary regulatory means of controlling vessel-source pollution in waters under Canadian jurisdiction. The standards for various discharges set out in these Regulations are additional or complementary to the standards set out in the International Convention for the Prevention of Pollution from Ships, 1973 and the Protocols of 1978 and 1997 relating to the convention.

1 4 4 Conservation grops have called for a comprehensive deﬁnition of dmping in isheries and ceans Canadas PA minimm standards so that the deﬁnition incldes varios discharges from ships lie oil greater seage garbage ballast ater ehast gas cleaning sstem ids and solid astes. See for eample f.ca201112 g o t - 99- p r o b l e m s- d u m p i n g - o n e / 1 4 5 S co t t I sl a n d s P r o t e ct e d M a r i n e A r e a R e g u l a t i o n s, su p r a n o t e 1 4 , ss 2( b ) , 5 ( b ) . 146 Envi ronm ent C anada. 2013. R egulatory Strategy for the D esi gnation of the Propose d Sco tt Isl ands m arine N ational W ildlife Area, Table 2 “Sum m ary of m anagem ent a p p r o a ch e s f o r cu r r e n t a ct i vi t i e s o ccu r r i n g w i t h i n t h e p r o p o se d b o u n d a r i e s o f t h e S co t t I sl a n d s N a t i o n a l W i l d l i f e A r e a . ” 1 4 7 F i sh e r i e s a n d O ce a n s C a n a d a . 20 1 9. P r o t e ct i o n S t a n d a r d s t o B e t t e r C o n se r ve O u r O ce a n s. 1 4 8 S e e w w f . ca / 20 1 9/ 1 1 / 25 / g o t - 99- p r o b l e m s- d u m p i n g - o n e /

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 37 DISCUSSION hough a signicant amount of vessel traﬃc transits the aters around the Scott Islands there has been little formal consideration of risks posed by vessels to the ecological components of the mNWA. ASSESSMENT OF SHIPPING IMPACTS The 2018 Regulatory Impact Analysis Statement for The DFO assessment did not address other human Scott Islands mNWA refers to research and analysis activities such as commercial shipping and noted that conducted by ECCC which found that, “as long as... “a broader evaluation across all human activities and navigation activities in the [mNWA] are carried out potential stressors will be needed for a comprehensive in accordance with existing legal requirements and ecosystem risk assessment in support of integrated voluntary measures that aim to minimize threats ecosystem management planning in [Scott to ildlife their adverse environmental eects are Islands] mNWA.”152 No such broader assessment minimal, and they are therefore compatible with the or cumulative impact assessment has yet been conservation objectives” of the area.149 Unfortunately, performed or reported publicly he sheriesrelated this research and analysis does not appear to be risk analysis can serve as a model for a more thorough publicly available. examination of potential risks from shipping within the mNWA. In comparison, in the development of Oceans Act MPAs, DFO undertakes an ecological risk The 2016 Regulatory Impact Analysis Statement for assessment, which it uses to inform decisions Scott Islands mNWA lists the concerns of several on permitted or prohibited activities within the stakeholders on restricting navigation within the proposed MPA by identifying risks to conservation mNWA. The Province of BC and local and regional priorities posed by activities.150 In the case of Scott governments (Port Hardy District Municipality and Islands, DFO conducted an assessment of the risks the Regional District of Mount Waddington) raised from commercial shing gear ithin the Scott concerns about the possible eects of the mNWA on Islands mNWA using this ecological risk assessment current and future marine transportation through framework.151 the area.153 The commercial shipping sector was supportive of Scott Islands mNWA because shipping activity was expected to continue as before.154

1 4 9 20 1 8 R I A S , su p r a n o t e 7 , 220 0 - 0 1 . 1 5 0 A ke r J. , F o r d , J. , S e r d yn ska , A . a n d T . K o r o p a t n i ck. 20 1 4 . E co l o g i c a l R i sk A sse ssm e n t o f t h e S t . A n n s B a n k A r e a o f I n t e r e st . C a n a d i a n T e ch n i ca l R e p o r t o f F i sh e r i e s a n d A q u a t i c S ci e n ce s. p p 3 0 4 7 . 1 5 1 otillier . 2016. Characteriation and Analsis of isheries elated iss to Signiﬁcant Species abitats and EcosstemCommnit Properties ithin the Proposed S co t t I sl a n d s m a r i n e N a t i o n a l W i l d l i f e A r e a . D F O C a n a d i a n S ci e n ce A d vi so r y S e cr e t a r i a t R e se a r ch D o cu m e n t . 20 1 6 / 0 1 5 . vi i i + 7 1 p p . 1 5 2 . 201. Characteriation of isher Effects on Signiﬁcant Ecosstem Components of the propose d Sco tt Isl ands m arine N ational W ildlife Area. DFO Canadian Science Advisory Secretariat Science Advisory Report. 20 1 5 / 0 0 7 . 1 5 3 S co t t I sl a n d s P r o t e ct e d M a r i n e A r e a R e g u l a t i o n s, R e g u l a t o r y I m p a ct A n a l ysi s S t a t e m e n t , ( 20 1 6 ) C a n a d a G a ze t t e I , 4 3 4 0 [ 20 1 6 R I A S ] . 154 Ibid., 4338.

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 38 DEVELOPMENT AND IMPLEMENTATION OF MEASURES TO ADDRESS SHIPPING Several measures to address commercial shipping during certain times of the year and advised “extra were proposed during the development of the caution to avoid any activities within this area that Scott Islands mNWA (see Box 3, below). Some of would be harmful or detrimental to migratory birds, these were eventually included in the Regulations, their prey species, or other wildlife. These activities including the prohibition on anchoring large vessels include, but are not limited to, unnecessary use of within 1 nautical mile of Triangle, Sartine and lights or other devices that may attract or disorient Beresford Islands.155 However, several measures birds.”157 It also stated that “the discharge of oil, oily that were proposed have not, on public record, wastes, or other deleterious substances are subject to been acted upon. prosecution pursuant to Regulations under the CSA, the Migratory Bird Convention Act (1994), and other For example, the Regulatory Strategy and 2016 legislations.” Though this notice has not been updated Regulatory Impact Analysis Statement refer to the since then, an update to the NOTMAR is currently publication of NOTMAR to advise vessels transiting in development.158 the mNWA about the importance of the area for seabirds, its sensitivity to pollution and enhanced The regulatory strategy also recommended that CWS surveillance.156 In the two years since the designation undertake an assessment of the need to enhance of Scott Islands mNWA, this measure has not yet protection of seabirds and the marine ecosystem been implemented. including through the designation of special areas or Particularly Sensitive Sea Areas under the IMO. There In anuary of 2010 a NMA as posted that is currently no information on the public record on advised mariners of the signicant amounts of bird whether CWS has pursued this recommendation. life using the areas surrounding the Scott Islands

155 Sco tt Isl ands Protect ed M arine Area R egulations, su pra note14 at s 2(1)(f); Envi ronm ent C anada. 2013. R egulatory Strategy for the D esi gnation of the Propose d Sco tt Isl ands m arine N ational W ildlife A rea 156 Envi ronm ent C anada. 2013. R egulatory Strategy for the D esi gnation of the Propose d Sco tt Isl ands m arine N ational W ildlife Area; 2016 R IAS, su pra note 154, 4338. 1 5 7 D F O . 20 20 . N o t i ce t o M a r i n e r s 3 5 ( 1 ) , Ja n u a r y 29, 20 1 0 . O n l i n e : n o t m a r . g c. ca / a r ch i ve - e n . p h p ? p a g e = w e s0 1 e 1 0 1 5 8 E r i ka L o k, C a n a d a W i l d l i f e S e r vi ce . 20 20 . P e r so n a l C o m m u n i ca t i o n .

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 39 Box 3. Scott Islands mNWA Regulatory Strategy: Additional recommended measures speciﬁc to the NWA. • Publication of NOTMAR to advise vessels transiting the NWA about the importance of the area for seabirds, its sensitivity to pollution, and enhanced surveillance therein. • Increased support for the Marine Aerial Reconnaissance Team and ECCC’s Integrated Satellite Tracking of Pollution Program for surveillance and enforcement of regulations, in particular for the discharge of oil or oily waste. • A prohibition on the anchoring of vessels greater than 400 gross tonnage within a 1NM radius of riangle Sartine and eresford Islands ecept here specically authoried for shing safety or research, and when consistent with the emergency measures in the regulatory strategy. • Assess the need to enhance protection of seabirds and the marine ecosystem, where and when required, through the designation of special areas or particularly sensitive sea areas under the IMO. • Continued support for the Birds Oiled at Sea Program, led by ECCC, which develops science to support eective management of riss from oil on seabirds Emergency measures: • Safe anchorage for shing and coastal tug and barge traﬃc here there is no ris of release of fuel or other contaminants will be authorized. • The mNWA will not be considered by TC as a pre-designated place of refuge where a ship in need of assistance can stabilize its condition. • ECCC will be consulted for advice on handling of distressed ships near or within the mNWA, as soon as possible without creating hazardous delays. • Any disabled vessels that are leaing fuel other contaminants or cargo or are on re ill be toed via the least environmentally harmful route, to a designated place of refuge to undertake repairs. • In an eort to protect the shoreline and coastal aters from a potential ris of pollution the aner Exclusion Zone will continue to apply in the mNWA. • Future strategies for management of shipping incidents will consider the availability of seagoing tugs able to handle large ships. • ECCC’s capacity to participate in programs for response to catastrophic spills will be improved.

In addition, several of the goals outlined in the seabirds at sea were not considered as part of the risk Regulatory Strategy for the mNWA (See Box 1) appear assessment for the management of activities in the to require some regulatory consideration of vessel mNWA and do not appear to have been addressed in impacts. CWS is currently developing a Management the Scott Islands Regulations. Plan for Scott Islands mNWA in consultation with management partners and the advisory committee. As Goal 2B states that “Proactive measures are in part of this process, CWS has recognized the need for place to ensure eective response to catastrophic an updated risk analysis and assessment of shipping and chronic spills of oil or any other hazardous activities, including interactions with wildlife.159 For materials.” The Regulatory Strategy proposed several example, Goal 1A states that “Marine habitats and measures related to oil spills (Box 3), which could be ecosystem functions important for seabird foraging implemented through the management plan to help are protected from harmful disturbance, damage mitigate the risk of an oil spill occurring. or destruction he impacts of vessel traﬃc on

1 5 9 E r i ka L o k, C a n a d a W i l d l i f e S e r vi ce . 20 20 . P e r so n a l C o m m u n i ca t i o n .

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 40 RECOMMENDATION #5: Proactively regulate shipping activities. The Scott Islands Protected Marine Area Regulations include a blanket exception for shipping and navigation within the area, which has been the traditional approach in MA development in anada oever given increasing scientic ndings on the impacts of shipping as ell as the proected increase in vessel traﬃc in the future a more proactive and precautionary risk-based approach is needed. New, more proactive approaches are being pursued in certain MPAs, including vessel traﬃc restrictions in NWAs in Nunavut the prohibition on greyater discharge in anc des-Américains MPA, and increased monitoring and prohibitions on ballast water exchange surrounding SGaan Kinghlas-Bowie Seamount MPA.

RECOMMENDATION #6: Improve interdepartmental coordination with Transport Canada (TC). While NWAs are developed and managed by Canadian Wildlife Service (CWS)-ECCC, Fisheries and Oceans Canada retains its management authority over shing and retains its authority over navigation he development of the Scott Islands mNWA demonstrates extensive coordination between CWS-ECCC and DFO, including in the development of an ecological risk-based analysis on the impacts of commercial shing As navigation as identied as one of the other primary threats to marine biodiversity ithin the mNWA, the same level of engagement and collaboration is needed with TC. CONSIDERATION OF SPECIES AT RISK As noted earlier in “The Scott Islands marine National adequately addressing the risks for this population Wildlife Area” section, several at-risk species use and protection of identied ey habitat areas hich the marine habitat of the Scott Islands mNWA, include the Scott Islands mNWA. and the designation of the mNWA was noted as a “conservation action” within the species’ management Similarly, the Management Plan for the Sea Otter also plans prepared by DFO. notes that the designation of the Scott Islands mNWA may provide further management and protection for Some of the primary threats to the Steller sea lion sea otter habitat, given that threats to this population (listed under SARA as “special concern”) include oil (including environmental contaminants such as oil spills during the breeding season, as well as chronic spill; vessel strikes; and human disturbance).161 noise and disturbances around sea lion rookeries and foraging sites, all of which can cause animals to Finally, the Species at Risk Management Plan for the abandon rookeries and disrupt foraging behaviours, Black-Footed Albatross also includes the designation signicantly impacting pups at these rooeries he of the Scott Islands mNWA as an “important tool” for that species conservation specically from threats of Management Plan for the Steller Sea Lion states that 162 the Scott Islands mNWA will serve to protect the bycatch mortality from longline shing activities habitat for several nationally listed species at risk, Goal 3D of the Scott Islands Regulatory Strategy 160 including Steller sea lions. hus fullling the goals is to, “in collaboration with other responsible of the various SARA management plans includes authorities, support the implementation of recovery

160 Fish eries and O ce ans C anada. 2010. M anagem ent Plan for the Steller Sea Lion (Eum etopias jubatus) in C anada [Final]. Speci es at R isk Act M anagem ent Plan Series. F i sh e r i e s a n d O ce a n s C a n a d a , O t t a w a . vi + 6 9 p p . 1 6 1 F i sh e r i e s a n d O ce a n s C a n a d a . 20 1 4 . M a n a g e m e n t P l a n f o r t h e S e a O t t e r ( E n h yd r a l u t r i s) i n C a n a d a . S p e ci e s a t R i sk A ct M a n a g e m e n t P l a n S e r i e s. F i sh e r i e s a n d O ce a n s C a n a d a , O t t a w a . i v + 5 0 p p . 162 Envi ronm ent and C lim ate C hange C anada. 2017. M anagem ent Plan for the Black- Footed Albatross (Phoebast ria nigripes) in C anada. Speci es at R isk Act M anagem ent Plan Series. Envi ronm ent and C lim ate C hange C anada. O ttaw a. iv+ 30 pp.

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 41 strategies, action plans and management plans for Additionally, many other listed species are known to species listed under Schedule 1 of the Species at occur within the marine habitat of the mNWA. Risks Risk Act.” The Scott Islands 2018 Regulatory Impact listed for these species within their management Analysis Statement also states that “[c]oordinated plans include ship strike and oil pollution. However, consideration of species at risk within the PMA will ithout an assessment that specically eamines the occur through the management planning process.”163 risks posed to the ecological conservation priorities As discussed above, several marine species listed ithin the mNWA by vessels it is diﬃcult to assess under SARA include the designation of the Scott whether goals for implementing actions for these Islands mNWA within their management plans. at-risk species will support their recovery strategies.

RECOMMENDATION #7: Increase consideration of shipping impacts on species at risk. One of the objectives of the Scott Islands mNWA is the conservation of species at risk and their habitats. The management plans of several at-risk species rely on Scott Islands mNWA as a protective measure. However, much of the development of the mNWA focused on migratory seabirds, and threats to species at risk do not appear to have been adequately considered or addressed. In particular, the impacts caused by shipping activities to species at ris have not been considered ithin the mNWA ullling the goals of the Scott Islands mNWA and the species at risk management plans requires adequately addressing the risks for this population caused by shipping activities within the mNWA.

spatial planning initiatives on the acic oast are Integration with other marine initiatives one example of this growing awareness, as are recent 164 As awareness of the risks arising from vessel transit Oceans Protection Plan (OPP) initiatives. These continues to grow, commercial shipping activities initiatives should be coordinated with initiatives will begin to face the same level of attention as other that address the impacts of shipping within the Scott industries such as commercial shing Ne marine Islands mNWA and other MPAs.

1 6 3 20 1 8 R I A S , su p r a n o t e 7 , 2222. 1 6 4 See for eample isheries and ceans Canadas epartmental Plan 20120 online avesvages.dfompo.gc.caibrar062.pdf ransport Canada. 2020. O ce a n s P r o t e ct i o n P l a n . O n l i n e : t c. ca n a d a . ca / e n / i n i t i a t i ve s/ o ce a n s- p r o t e ct i o n - p l a n

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 42 Total ship tra c intensity Preferred habitat APPENDIX A: PREFERRED 2015-2019 km/0.05 degrees2 HABITAT OF SELECT 5000+ PELAGIC SEABIRDS 0 Preferred habitat, relative to the Scott Islands marine National Wildlife Area, for select pelagic seabird species. Preferred habitat is represented as grid cells in the 90th percentile of seasonal sightings contained in the west-coast pelagic seabird atlas.165 Preferred habitat: Black-footed albatross Preferred habitat: Cassin’s auklet

Map displaying the preferred habitat for the black-footed Map displaying the preferred habitat for Cassin’s auklet albatross (Phoebastria nigripes) relative to the Scott Islands (Ptychoramphus aleuticus) relative to the Scott Islands marine marine National Wildlife Area.166 Preferred habitat is represented National Wildlife Area.167 Preferred habitat is represented as grid as grid cells in the 90th percentile of seasonal sightings contained cells in the 90th percentile of seasonal sightings contained in the in the west-coast pelagic seabird atlas. west-coast pelagic seabird atlas.

1 6 5 Canadian Wildlife Service. 2016. Atlas of Pelagic Seabirds off the West Coast of Canada and Adjacent Areas [Shapeﬁ le]. Environment Canada. 1 6 6 C W S , 20 1 6 1 6 7 I b i d

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 43 Preferred habitat: Common murre Total ship tra c intensity Preferred habitat

Map displaying the preferred habitat for the common murre 2015-2019 (Uria aalge) relative to the Scott Islands marine National Wildlife km/0.05 degrees2 168 th Area. Preferred habitat is represented as grid cells in the 90 5000+ percentile of seasonal sightings contained in the west-coast pelagic seabird atlas.

Preferred habitat: Sooty shearwater

Map displaying the preferred habitat for the sooty shearwater (Ardenna grisea) relative to the Scott Islands marine National Wildlife Area.170 Preferred habitat is represented as grid cells in the 90th percentile of seasonal sightings contained in the west- coast pelagic seabird atlas.

Preferred habitat: Tu ed pu n

Map displaying the preferred habitat for the tufted puﬃ n (Fratercula cirrhata) relative to the Scott Islands marine National Wildlife Area.169 Preferred habitat is represented as grid cells in the 90th percentile of seasonal sightings contained in the west- coast pelagic seabird atlas.

1 6 8 I b i d 1 6 9 I b i d 1 7 0 I b i d

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 44 Total ship tra c intensity Scott Islands APPENDIX B: VESSEL TRAFFIC 2015-2019 Marine National Wildlife Area km/0.05 degrees2 INTENSITY BY SHIP TYPE 5,000+ Maps displaying cumulative 20152019 ship traﬃ c intensity for the region surrounding Scott Islands represented by total distance traveled in kilometers per 0.5 degrees2. Distance was derived from AIS point locations across all available ship types. Ship types 0 with nominal activity within the region were omitted.

Total ship tra c intensity: All ship types Total ship tra c intensity: Bulk carriers

Total ship tra c intensity: Container ships Total ship tra c intensity: Crude oil tankers

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 45 Total ship tra c intensity Scott Islands 2015-2019 Marine National Wildlife Area km/0.05 degrees2 5,000+

Total ship tra c intensity: Cruise ships Total ship tra c intensity: General cargo ships

Total ship tra c intensity: Passenger ships Total ship tra c intensity: Roro cargo ships

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 46 Heavy fuel oil use Scott Islands APPENDIX C: HEAVY FUEL OIL 2015-2019 Marine National Wildlife Area Hours of operation/ 0.05 degrees2 USE BY SHIP TYPE +500 Maps display cumulative 2015-2019 ship heavy fuel use for the region surrounding Scott Islands as represented by total hours of operation per 0.5 degrees2. Time spent by residual fuel oil using ships was derived from AIS point locations across all available 0 ship types. Ship types with nominal activity within the region were omitted. Total heavy fuel oil use by ship type: All ship types Total heavy fuel oil use by ship type: Bulk carriers

Total heavy fuel oil use by ship type: Container ships Total heavy fuel oil use by ship type: Crude oil tankers

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 47 Heavy fuel oil use Scott Islands 2015-2019 Marine National Wildlife Area Hours of operation/ 0.05 degrees2 +500

Total heavy fuel oil use by ship type: Cruise ships Total heavy fuel oil use by ship type: General cargo ships

Total heavy fuel oil use by ship type: Passenger ships Total heavy fuel oil use by ship type: Roro cargo ships

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 48 Average ship speed Scott Islands APPENDIX D: AVERAGE SHIP 2015-2019 Marine National Wildlife Area Knots SPEED BY SHIP TYPE +20 Maps displaying average 2015-2019 ship speeds for the region surrounding Scott Islands in knots. Average speeds were derived from AIS point locations across all available ship types on a per-pixel basis. Ship types with nominal activity within the 0 region were omitted.

Average ship speeds: All ship types Average ship speeds: Bulk carriers

Average ship speeds: Container ships Average ship speeds: Crude oil tankers

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 49 Average ship speed Scott Islands 2015-2019 Marine National Wildlife Area Knots +20

Average ship speeds: Cruise ships Average ship speeds: General cargo ships

Average ship speeds: Passenger ships Average ship speeds: Roro cargo ships

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 50 Estimated greywater Scott Islands APPENDIX E: ESTIMATED production 2015-2019 Marine National Wildlife Area L/0.05 degrees2 GREYWATER PRODUCTION +250,000 BY SHIP TYPE 0 Maps displaying cumulative 2015-2019 ship greywater generation for the region surrounding Scott Islands as represented by total litres per 0.5 degrees2. Estimates were derived from AIS point locations across all available ship types in combination with coeﬃ cients of greyater production ard 2019 Ship types ith nominal activity within the region were omitted. Estimated ship-based greywater production: Estimated ship-based greywater production: All ship types Bulk carriers

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 51 Estimated ship-based greywater production: Estimated greywater Scott Islands Container ships production 2015-2019 Marine National Wildlife Area L/0.05 degrees2 +250,000

Estimated ship-based greywater production: Crude oil tankers

Estimated ship-based greywater production: Cruise ships

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 52 Estimated ship-based greywater production: Estimated greywater Scott Islands General cargo ships production 2015-2019 Marine National Wildlife Area L/0.05 degrees2 +250,000

Estimated ship-based greywater production: Roro cargo ships

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 53 GLOSSARY OF TERMS BC British Columbia CGI Canada Gazette Part I CSA Canada Shipping Act CWS Canadian Wildlife Service DFO Fisheries and Oceans Canada ECCC Environmental and Climate Change Canada ECHO Enhancing Cetacean Habitat and Observation Program EEZ Exclusive Economic Zone IMO International Maritime Organization IUCN International Union for Conservation of Nature mNWA marine National Wildlife Area MPA Marine protected area NARW North Atlantic right whale NM Nautical miles NOTMAR Notice to Mariners NWA National Wildlife Area OPP Oceans Protection Plan NIMA acic North oast Integrated Management Area SARA Species at Risk Act SRKW Southern resident killer whale TC Transport Canada

REDUCING IMPACTS FROM SHIPPING IN MARINE PROTECTED AREAS: A TOOLKIT FOR CANADA 54 For more information about this report, please contact Stephanie Hewson [email protected] For more information about the Toolkit, please contact Kim Dunn [email protected]