A TECHNICAL REVIEW OF CANADA'S OTHER EFFECTIVE AREA-BASED CONSERVATION MEASURES: ALIGNMENT WITH DFO GUIDANCE, IUCN- WCPA GUIDANCE AND CBD SBSTTA ...
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A Technical Review of
Canada’s Other Effective Area-
Based CONSERVATION Measures:
Alignment with DFO Guidance, IUCN-
WCPA Guidance and CBD SBSTTA
Guidance
Travis Aten and Susanna D. Fuller
with contributions from Roberta Clowater, Kim
Wright and Sarah Saunders
January 2019
© Nick Hawkins
PREAMBLE
In April 2018, new oil and gas leases were
announced by the Canada-Newfoundland SEABLUE CANADA
and Labrador Offshore Petroleum Board SeaBlue Canada is an alliance of Environmental Non-Governmental Organizations (ENGOs) that
(CNLOPB) within the Northeast Newfoundland are cooperating in advocating for a better protected ocean. Specifically, SeaBlue advocates for
Shelf Closure. In May 2018, the Canada-Nova stronger protection standards for our existing marine protected areas and an expansion of the
Scotia Offshore Petroleum Board (CNSOPB) area protected to meet Canada’s goal of 10% protection by 2020. SeaBlue Canada is: Canadian
delayed announcement of 2018 bids in order Parks and Wilderness Society, David Suzuki Foundation, Ecology Action Centre, Oceans North,
to further engage with Fisheries and Oceans West Coast Environmental Law, and WWF-Canada.
Canada on overlap of oil and gas bid areas
and fisheries closures in place currently, as
well as overlap with future protections in ACRONYM LIST
the draft MPA network plan for Maritimes CBD Convention on Biological Diversity
Region. In October 2018, the National Advisory
Panel on Marine Protected Area Standards CCEA Canadian Council on Ecological Areas
recommended that oil and gas be prohibited
CNLOPB Canada – Newfoundland and Labrador Offshore Petroleum Board
in MPAs, but not OECMs. On November 7,
2018 the CNLOPB awarded exploratory leases CNSOPB Canada – Nova Scotia Offshore Petroleum Board
within the Northeast Newfoundland Shelf
Conservation Area. These situations underscore DFO Fisheries and Oceans Canada
the importance of protecting areas fully under EBSA Ecologically and Biologically Significant Area
protected area legislation and significantly
weakens the federal government’s efforts ECCC Environment and Climate Change Canada
to protect areas under the Fisheries Act. IUCN International Union for Conservation of Nature
Rectifying this situation is critical to Canada’s
international reputation and declared OECM Other Effective Area-Based Conservation Measure
leadership on marine protection.
MPA Marine Protected Area
NMCA National Marine Conservation Area
SBA Sensitive Benthic Area
SBSTTA The Subsidiary Body on Scientific, Technical and Technological Advice
UNGA United Nations General Assembly
UNDRIP United Nations Declaration on the Rights of Indigenous Peoples
WCPA World Commission on Protected Areas
© Nick Hawkins
table of contentS
SEABLUE CANADA 4 Figures
Acknowledgements 4 Figure 1 – Canadian OECMs
Executive Summary 4 Figure 2 – Proportion of total area protected by Canadian OECMs, by
Other Effective AREA-BASED Conservation Measures (OECMs) category
assessed by Fisheries and Oceans Canada by Management 6
Region Figure 3 – Spectrum of OECMs satisfying DFO Guidance
01 | iNTRODUCTION 9 Figure 4 – Spectrum of OECMs satisfying IUCN-WCPA Guidance
02 | Review of OECM Guidance 11 Figure 5 – Spectrum of OECMs satisfying CBD SBSTTA Guidance
03 | Assessment Methodology 13
04 | Results and Key Observations 16
Tables
04.1 | ASSESSMENT OF INDIVIIDUAL OECMs AGAINST GUIDANCE 16
Table 1 – Recommendations to improve protection of Canada’s OECMs
04.2 | ASSESSMENT OF OECMs by category 20
Table 2 – Recommendations for improvement to specific OECMs
05 | Towards improving conservation outcomes 25
to achieve alignment with DFO and IUCN-WCPA and CBD SBSTTA
06 | Recommendations 26 Guidance
07 | cONCLUSION 27
Table 3 – Scoring ranges for OECMs against DFO, IUCN-WCPA and
bIBLIOGRAPHY 28 CBD SBSTTA Guidance
Appendix I: DFO Operational Guidance for Identifying Marine Table 4 – OECMs by Category (Sensitive Benthic Areas, Multi-Species
30
OECMs
and Single Species) and total area of individual and grouped sites
Appendix II: Draft IUCN-WCPA OECM Screening Tool 31
Table 5 - Percentage scores for individual OECMs by DFO, IUCN-WCPA
Appendix III: OECM Definition and Screening Tool as agreed at and CBD SBSTTA Guidance
33
CBD SBSTTA July 2018
Appendix IV: Comparison Table of DFO, draft IUCN-WCPA and
Table 6 - Analysis by area assessed as meeting DFO, IUCN-WCPA and
CBD SBSTTA operational guidelines for OECMs
35 CBD SBSTTA guidance for OECMs.
Appendix V: Analysis of Canadian OECMs 39 Table 7 - Overview summaries for OECM categories against the
Sensitive Benthic Area OECMs 39
criterion
Multi-species OECMs 52
Single Species OECMs 58 Annexes
ANNEX 1: DFO PERSPECTIVES ON ELEMENTS OF THE TECHNICAL Annex 1 – Fisheries and Oceans Canada perspectives on elements of
63
REPORT
the technical report
sEABLUE cANADA
executive summarY
Since 2015, Canada has made significant strides To determine if Canada’s OECMs effectively
in meeting its international commitments on contribute towards Aichi Target 11 we used
marine protection and conservation under a novel scoring approach to evaluate all of
United Nations Convention on Biological Canada’s OECMs (51 sites) against guidance
Diversity (CBD) Aichi Target 11. Achievements developed by three different entities - Fisheries
as of June 2018 include the establishment of and Oceans Canada (DFO), the International
the St. Anns Bank, Hecate Strait and Queen Union for Conservation of Nature’s World
Charlotte Sound Glass Sponge Reefs, and Commission on Protected Areas (IUCN-WCPA),
Anguniaqvia Niqiqyuam marine protected and the Convention on Biological Diversity’s
areas (MPAs) under the Oceans Act; as Subsidiary Body on Scientific, Technical and
well an agreement on a final boundary for Technological Advice (CBD SBSTTA). We also
the Tallurutiup Imanga National Marine categorized three types of OECMs – those
Conservation Area (NMCA). However, much of protected under DFO’s Sensitive Benthic
Canada’s progress on reaching Aichi Target Areas Policy (SBA), those considered to protect
11 has been achieved through Other Effective multiple species and those designated through
Area-Based Conservation Measures (OECMs)1 a single species measure.
- with the focus of these measures solely on
fisheries area closures. As of December 2018,
4.48% (277,712.3 km2) of the 7.9% announced as
protected has been achieved through Fisheries
Act closures. Measures under the Fisheries Act
can only be used to protect areas from the
impacts of fishing and may prohibit activities
which are deemed to negatively impact fish
habitat, but do not provide for full protection of
biodiversity. These sites have been designated
OECMs prior to agreed international guidance
regarding what constitutes an effective OECM,
resulting in some controversy and concern
about the precedent these sites may set on the
international stage.
1 We have used the internationally accepted acronym for other
© Nick Hawkins effective area-based conservation measures “OECMs” – rather than
the terms used by DFO – “OEABCM” or “marine refuges” – to align
with international standards and terminology.
4 SeaBlue Canada
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FIGURE 2. Proportion of total area within OECMs are likely to meet CBD SBSTTA
protected by Canadian OECMs, by criteria, 40% are unlikely to meet the criteria
category and 20% did not meet CBD SBSTTA criteria.
Single Species Multi-Species
OECMs OECMs The majority of Canada’s OECMs do not have
3% 13% a management and monitoring plan outside
of fisheries management and as such their
effectiveness over time may not be adequately
assessed. Consequently, this means that in-situ
biodiversity conservation is not being achieved
or may not be achieved. We recognize that
Canada has used the Fisheries Act as a means
to protect areas largely due to the timeframe in
which progress needs to be made and because
other legislative mechanisms including
Canada’s Oceans Act and the Canada National
SBA OECMs Marine Conservation Areas Act require
84%
extensive consultation and multi-stakeholder
processes as well as comprehensive regulatory
changes.
Of the 233,498 km2 of ocean protected Based on the results of our analysis, we
within OECMs, the majority (84% by area) provide general recommendations to improve
are protected as SBA closures, multi-species Canada’s OECMs, to provide for greater
closures protect an additional 13% and single biodiversity conservation and to ensure Canada
species closures protect the remaining 3% of accomplishes its international targets. We also
the total area. Using our scoring methodology, provide recommendations for improvements
we found that 73% of the area protected to individual OECMs that, if addressed, could
within OECMs either fully or likely met DFO improve protections within these areas. Finally,
criteria, while 27% were unlikely to meet DFO we explore other forms of OECMs that Canada
criteria. While 61% of the area protected within could pursue to contribute towards its progress
OECMs was either fully or likely to meet the on achieving 10% marine protection by 2020.
IUCN-WCPA criteria, 36% was unlikely to meet
the criteria and 3% did not meet IUCN-WCPA
criteria. Finally, 40% of the area protected © Nick Hawkins
SeaBlue Canada 5
sEABLUE cANADA
FIGURE 1
Canadian Other Effective Area-based
Conservation Measures B
7vi
7v
19ix
7vii
A 19viii 7i
7iv
19vii 19iv 7ii 8
19vi 17xi
C
0 50 100
19iii
Kilometers
19v
7iii 17v
17ii 17viii
6 17i 17iv
19ii
Esri, DeLorme, GEBCO, NOAA NGDC, and other contributors
17ix 17x
17vii 17iii
20 17vi
Legend 3
19i 2
Multi-species OECMs Sensitive Benthic Areas 21 0 50 100
10i
Kilometers
1. Western Emerald Banks Conservation Area 12 Corsair and Georges Canyon Conservation Area 9 10iii
2. Les Desmoiselles Nursery Closure 13 Jordan Basin Conservation Area
10ii
3. Magdalen Islands 6 Lagoon Closures 14 Lophelia Coral Conservation Area
4. Hawke Channel Closure 15 Emerald Basin and Sambro Bank Sponge Conservation Area
5. Funk Island Deep Closure 15i Emerald Basin 15ii Sambro Bank
22 Esri, DeLorme, GEBCO, NOAA NGDC, and other contributors
6. Disko Fan Conservation Area 16 Northeast Channel Coral Conservation Area
17 Quebec Coral and Sponge Closures/Conservation Areas 24
Single Species OECMs 17i Parent Bank 17vii Western Honguedo Strait 4
17ii Jacques-Cartier Strait 17viii Central Gulf of St. Lawrence
7. 7 Lobster Closures
7i Trout River 7v Gander Bay
17iii Eastern Honguedo Strait 17ix Slope of Magdalen Shallows
17iv South-East of Anticosti Island 17x Eastern Gulf of St. Lawrence
B 5
7ii Shoal Point 7vi Glovers Harbour 17v East of Anticosti Island 17xi Beaugé Bank
7iii Penguin Islands 7vii Mouse Island
C
18 17vi North of Bennett Bank
7iv Gooseberry Island 18 Pacific Offshore Seamounts and Vents Conservation Area
8 Bay of Islands Salmon Migration 19 Strait of Georgia and Howe Sound Sponge Reef Closures
9 Miramichi Bay Closure 19i Outer Gulf Islands 19vi Halibut Bank
A 10 Scallop Buffer Zones
10i Scallop Buffer SFA 21
19ii Foreslope Hill
19iii Gabriola Island
19vii Sechelt
19viii Parksville
23
10ii Scallop Buffer SFA 22 19iv Howe Sound Defence Islands 19ix East Hornby Island 14
10iii Scallop Buffer SFA 24 19v Howe Sound Queen Charlotte Channel
11 Saguenay Fjord Upstream 11
20 Davis Strait Conservation Area
0 250 500 1,000 Km 21 Hatton Basin Conservation Area 15i 1
22 Hopedale Saddle Closure 15ii
23 3O Coral Closure
24 Northeast Newfoundland Slope Closure 13
16
12
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,
TABLE 1. Recommendations to improve protection for Canada s OECMs
The Parliament of Canada should adopt changes to the Fisheries Act, including provisions for ecologically sensitive areas
Recommendation 1
which would make OECMs protections permanent, as proposed in Bill C-6.8
DFO should ensure that OECMs protected under the Policy to Manage the Impacts of Bottom Fishing on Sensitive
Benthic Areas are following, at minimum, DFO Newfoundland and Labrador’s science guidance of 70% protection for coral
Recommendation 2
and sponge areas and ideally protect 100% of areas identified as significant benthic areas. In doing so, long term in-situ
biodiversity conservation is more likely to be achieved and ‘size’ criterion is more likely to be satisfied.
Use the ecological components identified as part of the Ecologically and Biologically Significant Area (EBSA) process as
the basis for the conservation objective(s) for an OECM where there are overlaps between an EBSA and an OECM. This is
Recommendation 3
especially true in OECMs where it appears that only a single species is being managed in an area in which there are other
ecologically or biologically significant species and habitats that could be conserved within the same boundary.
When designing new OECMs, ensure that an ecosystem-based approach, rather than a single species approach, is being
pursued. This is necessary to guarantee that in-situ biodiversity conservation is being achieved and aides in determining
Recommendation 4
if the closure aligns with Aichi Target 11, or more closely aligns with targets such as Aichi Target 6 (E.g. Gulf of St. Lawrence
Scallop Buffer Zones).
The Government of Canada, as a matter of urgency, should complete a review of the Offshore Accord Agreements for Nova
Scotia and Newfoundland and Labrador with the intention of ensuring oil and gas is prohibited in all OECMs in Atlantic
Recommendation 5
Canada. While changes to the Canada Petroleum Resources Act included in Bill C-55 allow for cancellation of existing
leases in marine protected areas, this does not currently apply to Atlantic Canada, and will not apply at all for OECMs.
Ensure that ecological monitoring and surveillance is taking place within all OECMs and that any monitoring is not
Recommendation 6 causing further ecological damage to the area under protection. This includes prohibiting annual trawl surveys in OECMs
protected under the Sensitive Benthic Areas policy. Additionally, this research and monitoring data should be made public.
Assess potential for other managed, closed or protected areas outside the jurisdiction of the Fisheries and Oceans Canada
that may lead to in-situ biodiversity conservation and may be considered as a potential OECM, as per IUCN-WCPA
Recommendation 7
guidance. Examples include: Indigenous Protected/Conserved Areas, ship wrecks, war graves, munitions dumps, National
Historic Sites, etc
DFO should develop a process to transition OECMs established under the Fisheries Act to full MPAs under the Oceans
Act, where appropriate. Candidate sites should include OECMs such as the Western/Emerald Banks Conservation Area
Recommendation 8 and Strait of Georgia Glass Sponge Reef closures, where the objectives and conservation measures effectively target
biodiversity conservation, but where activities outside the jurisdiction of DFO have the potential to negatively impact the
ecosystem.
SeaBlue Canada 7
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.
TABLE 2 Recommendations for improvement to specific OECMs to achieve alignment with DFO, IUCN-WCPA and CBD
SBSTTA guidance
REGULATORY IMPROVEMENTS OECMs
Corsair & Georges Canyon Conservation Area
Lophelia Coral Closure
Emerald Basin and Sambro Bank Sponge Conservation Area
Hatton Basin Conservation Area
Prohibit oil and gas activities*
Hopedale Saddle Conservation Area
Western and Emerald Bank Conservation Area
Hawke Channel Closure
Funk Island Deep Closure
Jordan Basin Conservation Area
Prohibit oil and gas and increase protection of known SBAs Division 30 Coral Closure
Northeast Newfoundland Slope Closure
Prohibit oil and gas, increase protection of known SBAs, and
Quebec Coral and Sponge Closures**
implement marine mammal protections
Restrict recreational boating and anchoring Strait of Georgia and Howe Sound Sponge Reef Closures
7 Lobster Closures
Broaden conservation objectives to align with overlapping Bay of Islands Salmon Migration Area
EBSAs, ensure effective regulation of non-fisheries, assess Miramichi Bay Closure
size of these areas to ensure tangible outcomes Scallop Buffer Zone Closures
Les Demoiselles Nursery Closure
Restrict land based activities that pose a threat to marine
Saguenay Fjord Upstream Closure*
mammals, further regulate marine activities
Northeast Channel Coral Conservation Area
Designate planned Oceans Act Protected Areas
Pacific Offshore Seamounts Conservation Area
*Because there are currently no nearshore oil and gas activities, we focused this recommendation on areas that are either currently
within a leasing block by one of the Offshore Petroleum Boards or expected to be within a leasing area in the forseable future. The
west coast has a moratorium on oil and gas drilling.
** 2018 North Atlantic right whale conservation measures and 2018 Marine Mammal measures contribute to improved conservation
outcomes in these areas.
8 SeaBlue Canada
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01 introduction
In response to a commitment in the 2015 In order to achieve these goals, DFO developed The current IUCN-WCPA accepted definition of
Mandate Letter to the Minister of Fisheries, a five-point plan in which they committed an OECM is:
Oceans and Canadian Coast Guard (DFO) to: 1) finish what was started (finalize the
(Government of Canada, 2016), Canada has designation of proposed MPAs in progress); 2) “A geographically defined space,
increased its efforts to protect coastal and protect large offshore areas; 3) protect areas not recognised as a protected area,
marine areas through spatial measures such under pressure through coastal MPA network which is governed and managed
as marine protected areas (MPAs) and Other planning in three regions; 4) advance OECMs; over the long-term in ways
Effective Area-based Conservation Measures and, 5) protect areas faster through legislative that deliver the effective in-situ
(OECMs). More specifically, the Canadian reform (Fisheries and Oceans Canada, 2017a). conservation of biodiversity, with
Government, through DFO, Parks Canada, As of June 27, 2018, the majority of progress associated ecosystem services and
and Environment and Climate Change towards this five-point plan has been made cultural and spiritual values (IUCN
Canada (ECCC), has increased capacity and by designating MPAs that have been under WCPA, 2018).”
resources towards achieving the Convention on development and creating OECMs through the
Biological Diversity (CBD) Aichi Target 11 (CBD, Fisheries Act (Fisheries and Oceans Canada,
2018a) and the United Nations’ Sustainable 2018a).
Development Goal 14, Target 5 (United Nations,
2015). These targets call on Parties to the During the negotiation of the Aichi Biodiversity
Convention on Biological Diversity to protect Targets in 2010, specifically Aichi Target 11, the
10% of their marine and coastal waters by 2020 term ‘other effective area-based conservation
(Lazaruk and Elliott, 2017). In his mandate measures’ (OECMs) was agreed among CBD
letter to the Minister of Fisheries, Oceans and Parties due to the fact that some areas outside
the Canadian Coast Guard, the Prime Minister the recognised protected area networks
reaffirmed the target of protecting 10% of the also contribute to the in-situ conservation of
ocean by 2020 and set a new interim goal of biodiversity. However, there was no agreement
5% protection by 2017. When the Ministerial on exactly what was meant by this term. In
Mandate Letter was released, Canada had only 2012 the International Union for Conservation
protected roughly 1% of its three oceans (Jessen of Nature (IUCN)’s World Commission on
et al 2017). Protected Areas (WCPA), amongst others,
was invited to provide technical guidance on
defining OECMs.
© Nick Hawkins
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sEABLUE cANADA
In July 2018, the Convention on Biological part of this process, DFO inventoried ~1000 meeting of the CBD Conference of Parties in
Diversity’s Subsidiary Body on Scientific, existing area-based closures enacted under the November 2018 (Appendix III).
Technical and Technological Advice (SBSTTA) Fisheries Act, reviewed these under its criteria,
agreed on an OECM definition to be adopted and either included them or recommended Recent studies have shown that strongly
at the Conference of the Parties (COP) in improvements. New areas were identified in protected or conserved marine areas that are
November, 2018: between 2016-2017 totalling 51 sites considered well governed, financed, resourced and actively
suitable to be designated as OECMs and count managed are more likely to provide benefits
“Other effective area-based towards Canada’s ocean protection targets.2 As to biodiversity than those that are not (Gill et
conservation measure” means “a of December 2018, the Canadian Government al., 2017). As such, understanding how areas
geographically defined area other has declared that it has protected roughly not safeguarded by formal protected area
than a Protected Area, which is 7.9% of Canadian marine and coastal areas legislation will be recognized and supported
governed and managed in ways (Fisheries and Oceans Canada, 2018b). The to reduce biodiversity threats is necessary to
that achieve positive and sustained majority of these protections are OECMs – the ensure that Canada’s use of OECMs to deliver
long-term outcomes for the in situ 51 identified OECMs comprise 4.48% of the on quantity does not compromise or weaken
conservation of biodiversity,[1] with 7.9% - designated using the Canadian DFO- the quality of biodiversity being conserved.
associated ecosystem functions developed OECM guidance through new and It is our goal to ensure that Canada’s ocean
and services and, where applicable, existing Fisheries Act and Species At Risk Act protection and conservation choices contribute
cultural, spiritual, socioeconomic, closures. to biodiversity conservation and encourage
and other locally relevant values.” other nations to do the same.
(See Appendix III excerpt from SBSTTA In 2017, the CBD Secretariat began to draw
Report). from the guidance provided by the IUCN-
WCPA, DFO, the Canadian Council on
In short, OECMs are considered to be areas Ecological Areas (CCEA)3 and others to create
where conservation may not be the primary guidance that would be ratified by the parties
objective, but conservation outcomes are to the CBD. In July 2018, the CBD’s Twenty-
achieved. second meeting of the Subsidiary Body
on Scientific, Technical and Technological
In 2015, the WCPA set up a Task Force to Advice (SBSTTA 22) agreed on guidance to be
develop international guidance on the matter. submitted to and adopted at the Fourteenth
At the same time, because Canada had set
an interim ocean protection target of 5% by 2 Notably, Canada’s guidance and site inventory for marine OECMs
2017, DFO moved forward in advance of the only considers areas closed using mechanism such as the Fisheries
Act or Species at Risk Act and does not consider any areas such
international processes to establish its own as wreck sites, militarized zones, Indigenous conservation areas or
operational guidance on this issue. DFO cable lines.
3 The CCEA has also developed their own OECM screening criteria.
began with a science advisory process on the This can be viewed at: https://link.springer.com/article/10.1007/
topic (Fisheries and Oceans Canada, 2016). As s10531-015-1018-1. © Nick Hawkins
10 SeaBlue CanadasEABLUE cANADA
To assess Canada’s OECMs, we reviewed the The five criteria are: OECMs has identified multiple criteria for what
areas identified by DFO and compared them constitutes an OECM (see Appendix II).
against all three sets of criteria: DFO’s OECM 1. Has a clearly defined geographic
guidance (Fisheries and Oceans Canada, location; Succinctly, the criteria are:
2017b), the draft IUCN-WCPA guidance (IUCN- 2. There are conservation or stock
WCPA, 2018), and the CBD SBSTTA guidance management objectives; 1. Ensure that the area is not already
(SBSTTA, 2018). Based on our analysis and 3. The presence of ecological components recorded as a protected area.
results, we offer recommendations on how of interest; 2. Ensure that Aichi Target 11, as opposed
specific OECMs could be improved including 4. Long-term duration of implementation; to other Aichi Targets, is the right focus.
through permanent protection under the 5. The ecological components of interest 3. Ensure that the area has the essential
Fisheries Act, prohibitions on non-fishing are effectively conserved. conservation characteristics of an
industrial activities, and wherever appropriate OECM:
and possible, converting OECMs to MPAs DFO’s operational guidance does not fully a. Location
under the Oceans Act, the Canada National align with that of either the CBD SBSTTA or the b. Governed, Managed and
Marine Conservation Areas Act, or the Canada IUCN-WCPA but does incorporate elements of Long-term
Wildlife Act. both. c. Effective In-situ conservation
of biodiversity
02 Review of IUCN-WCPA OECM Guidance 4. Ensure the conservation outcome can
be sustained.
OECM Guidance
At the Twentieth meeting of the CBD SBSTTA
One notable difference to DFO’s operational
and the Thirteenth Conference of the Parties
guidance is that the WCPA Task Force places a
to the CBD, Parties called on the Secretariat
greater emphasis on ensuring achievement of
DFO OECM Guidance of the CBD to provide scientific and technical
long-term in-situ conservation of biodiversity.
advice on their definition, identification,
DFO developed operational guidance for management approaches and contribution
marine OECMs based on advice generated to Aichi Biodiversity Target 11 for OECMs. As
through the Canadian Science Advisory previously mentioned, the World Commission
Secretariat, while also considering advice from on Protected Areas (WCPA) Task Force was
the IUCN-WCPA and the Canadian Council on delegated to provide advice on international
Ecological Areas (CCEA) (for a comprehensive guidelines and has published multiple drafts
review of DFO guidance see Appendix I). DFO throughout the process (IUCN WCPA, 2018).
identifies OECMs using five primary criteria, The guidelines are still in draft form and at the
with a recommendation that each OECM time of publishing this document were not
meet all five criteria to be considered an OECM finalized. (IUCN-WCPA, 2018). As of January
(Fisheries and Oceans Canada, 2018). 2018, the WCPA Task Force screening tool for
© Nick Hawkins
SeaBlue Canada 11sEABLUE cANADA
CBD SBSTTA OECM Guidance Criterion C: Achieves sustained and Criterion D: Associated ecosystem functions
effective contribution to in situ conservation of and services and cultural, spiritual, socio-
In addition, and aforementioned to the draft biodiversity. economic and other locally relevant values.
IUCN-WCPA and DFO guidance for identifying
OECMs, the CBD, through SBSTTA, has 1. Effective: Area achieves or is expected 1. Ecosystem functions and services:
developed their own guidance for OECMs that to achieve in situ conservation of Ecosystem functions and services are
was adopted at the Conference of the Parties biodiversity and is capable of supported, including those of
in November 2018 (SBSTTA, 2018). SBSTTA has adequately reducing, eliminating or importance to indigenous peoples
created a criteria identification chart for OECMs responding to new threats to and local communities, taking into
which can be found in detail in Appendix III. biodiversity. account interactions and trade-offs
SBSTTA has identified four criteria for OECM among ecosystem functions and
2. Sustained over long term: The services, with a view to ensuring positive
identification with different sub-sections measures are in place for the long term.
within. Briefly, the screening criteria are: biodiversity outcomes and equity.
3. In situ conservation of biological 2. Cultural, spiritual, socio-economic and
Criterion A: Area is not currently recognized diversity: Recognition of OECMs is other locally relevant values:
as a protected area. expected to include the identification of Governance and management
the range of biodiversity attributes for measures identify, respect, and uphold
1. Not a protected area: the area is not which a site is considered important. cultural, spiritual, socio-economic, and
currently recognized or reported as a
other locally relevant values, with the
protected area. 4. Information and monitoring: The
end goal of providing in situ
OECM has effective monitoring
Criterion B: Area is governed and managed. conservation of biodiversity.
systems, the documentation of the
known biodiversity attributes as well as
1. Geographically defined space: Size cultural and/or spiritual values and
and area are described and boundaries processes to evaluate the effectiveness
are geographically delineated. of governance and management,
including equity.
2. Legitimate governing authorities:
Governance has legitimate authority
and is appropriate for achieving in situ
conservation of biodiversity and reflects
the equity considerations adopted in
the Convention on Biological Diversity.
© Nick Hawkins
12 SeaBlue CanadasEABLUE cANADA
In comparison to IUCN-WCPA and DFO
guidance, CBD SBSTTA guidance places a
much stronger emphasis on incorporating
03 Assessment Methodology
social aspects into the management and
governance of OECMs. For example, CBD We evaluated all sites Canada is currently
SBSTTA guidance indicates that it is the counting as OECMs against DFO guidance,
responsibility of the governing authority to IUCN-WCPA guidance and CBD SBSTTA
take into account interactions and trade-offs guidance to determine whether they would
among ecosystem functions and services, qualify as OECMs under one, two, or all
with a view towards ensuring not only positive three sources of guidance. The following
biodiversity outcomes but additionally positive methodology was used:
equity outcomes. Furthermore, emphasis is
placed on cultural, spiritual, socio-economic I. Categorization:
and other locally relevant values in comparison
to the other guidance, in particular through To simplify the evaluation, we first divided
Indigenous groups and local communities. Canada’s 51 OECMs into three broad
Several CBD SBSTTA criteria highlight the categories4: sensitive benthic area (SBA)
importance of OECM governance and OECMs, multi-species OECMs and single-
management by Indigenous peoples and species OECMs (Table 4). SBA OECMs have
local communities through respecting and conservation objectives that focus specifically
upholding Indigenous and local traditions, on protecting sensitive benthic habitats such
values, and knowledge. This heavy focus on as areas of high concentrations of corals and
Indigenous and local community consultations sponges. Multi-species OECMs are a range
stems from the establishment of OECMs at of OECMs with conservation objectives that
the CBD as a way to include Indigenous and attempt to protect multiple species and in
locally protected/conserved areas as areas that some cases habitats. Lastly, single-species
can contribute to Sustainable Development OECMs focus on the protection of one species
Goal 14. Lastly, CBD SBSTTA guidance includes or restrict only one type of fishing gear
greater detail on information and monitoring targeting a single species and are thus a single
of OECMs to ensure effective management species management measure as their primary
and that general data of an OECM or area, conservation objective.
such as boundaries, aim and governance, are
publicly available information (SBSTTA, 2018).
4 Some OECMs include more than one area, but separately these
areas amount to 51 © Nick Hawkins
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II. Establishing Evaluation The ten criteria include: III. Comparisons of the
Criteria: 1. Whether area was previously Guidance:
recognized as a protected area,
Ten criteria were selected to determine the 2. If area is a geographically defined The DFO and CBD SBSTTA guidance
effectiveness of an OECM across all three space, documents do not align completely with
guidance types. Due to discrepancies between 3. If area is of adequate size for the in-situ the IUCN-WCPA’s guidance. For example,
the individual criteria of each set of guidance, conservation of biodiversity, DFO guidance only applies to the marine
we divided some of the DFO and the CBD 4. If area is governed by a specific environment while IUCN-WCPA and CBD
SBSTTA criteria into different categories to authority, SBSTTA guidance are designed to apply to
better align with IUCN-WCPA guidance, 5. If governance and creation of the area is both terrestrial and marine environments
thus ensuring consistent and effective equitable5, as well as to a range of human activities
evaluation across all criteria. We then created 6. If area is managed in a manner that (Fisheries and Oceans Canada, 2017b; IUCN
a comparison matrix to provide a basis for will allow for effective biodiversity WCPA, 2018; SBSTTA, 2018). The different
the site by site analysis across all three sets of conservation, guidance documents do not fully align with
criteria (Appendix IV). 7. Cases where in-situ biodiversity is not respect to the three following criteria6: (6)
the primary objective for the area but is ‘managed’, (7) ‘secondary or ancillary’ and
secondary or ancillary, (10) ‘effective and enduring.’ The CBD SBSTTA
8. If area allows for the effective means of criterion for (6) ‘managed’ places a strong
control of activities that could impact value on management that will lead to in
biodiversity, situ biodiversity conservation through the
9. If area is intended for the long term; ecosystem approach, management abilities
and, to adequately address new threats and the
10. If area demonstrates to be effective involvement of relevant stakeholders, while
and enduring at providing in-situ IUCN-WCPA and DFO guidance provides less
biodiversity conservation. detail on how management can or will result
in the in-situ conservation of biodiversity. All
three guidance documents differ on the (7)
‘secondary or ancillary’ criterion. DFO identifies
that a closure must include two ecological
components of interest (species and habitat),
IUCN-WCPA highlights that an OECM does not
5 Canada has a constitutional duty to consult with First Nations necessarily require a predominant conservation
and Section 35 of the Constitution upholds their rights, Canada is
also a signatory to UNDRIP. However, in some cases it is not clear as 6 Note there are minor differences between other various criteria;
to whether or not there was consent provided for spatial protection, however, they are not as significant as the three mentioned
© Nick Hawkins particularly for areas protected prior to 2015. above.
14 SeaBlue CanadasEABLUE cANADA
objective, but there must be a direct causal link Significant Area (EBSA) and identified biological features of the OECM that may not have been
between the area’s overall objective and the included in the DFO description. We also identified threats of potentially harmful activities not
in situ conservation of biodiversity, and CBD currently occurring in the OECM but that may occur in the future and that are not managed by
SBSTTA guidance describes that an OECM DFO and therefore cannot be averted by an OECM.
is expected to include the identification of a
range of biodiversity attributes for which the V. Analysis and Scoring:
site is considered important (e.g. threatened
or endangered species, key biodiversity areas, We then evaluated each OECM individually using the ten identified criteria, across the three
areas for ecological connectivity, etc.). Lastly, sets of guidance (Appendix V). We developed a colour-coded scoring scheme to demonstrate
the (10) ‘effective and enduring’ criterion differs whether, and to what extent, a criterion was fulfilled. We provide a more detailed description for
between the three guidance. Unlike IUCN- each specific site so that our assessment could be repeated by others (Appendix V for the results
WCPA and DFO, CBD SBSTTA assesses a much for each OECM). Using the matrices created for each OECM site, we developed a scoring system
larger variety of components to determine out of 100 to determine how sites meet each of the three guidance documents.
if an OECM will be ‘effective and enduring’
and achieve in situ biodiversity conservation, As all three guidance have a differing number of criteria, to determine if a site met the specific
usually resulting in a lower score than the guidance, we calculated the highest score possible for each site (DFO Guidance = 24 points,
other guidance for this criterion. Some of these IUCN-WCPA Guidance = 30 points, CBD SBSTTA Guidance = 30 points) and converted that to a
components include: size, effective monitoring, score out of 100 (Table 3).
evaluation of governance and management,
documentation of known biodiversity TABLE 3. Scoring ranges for OECMs against DFO, IUCN-WCPA and CBD SBSTTA
attributes, and equity concerns. IUCN-WCPA Guidance
and DFO guidance are similar as they both call
for the in situ conservation of biodiversity but Score Range Description
do not include as much detail as to how this 3 90-100 Yes OECM meets the guidance
will be achieved, typically resulting in a higher
score. 2 80-90 Likely OECM likely meets the guidance but minor improvements needed
OECM unlikely to meet guidance, significant improvements are
1 65-80 Unlikely
IV. Information Gathering: needed to protect biodiversity
0sEABLUE cANADA
04 Results & key Observations
04.1 Assessment of Individual OECMs Against Guidance
Of the 277,712 km2 protected under the Fisheries Act as OECMs, 233,498 km2 or 84% by area are categorized as Sensitive Benthic Areas, 36,407 km2
or 13% by area are categorized as multi-species OECMs and 7,806 km2 or 3% by area are categorized as single species OECMs (Table 4). Of the 51
areas, 30 are SBAs, 11 are multi-species closures and 13 are considered single species closures, with single species OECMs typically smaller than the
other closures.
TABLE 4. OECMs by Category (Sensitive Benthic Areas, Multi-Species and Single Species) and total area of individual and grouped sites
OECMs by Category Total Area (km2) OECMs by Category Total Area (km2)
Sensitive Benthic Area OECMs Multi-Species OECMs
Corsair & Georges Canyon Conservation Area 9,075 Western Emerald Banks Conservation Area 12,786
Jordan Basin Conservation Area 49 Les Desmoiselles Nursery Closure 0.3
Lophelia Coral Conservation Area 15 Magdalen Islands 6 Lagoon Closures 136
Emerald Basin and Sambro Bank Sponge Conservation Area (2 closures) 259 Hawke Channel Closure 8,800
Northeast Channel Coral Conservation Area 424 Funk Island Deep Closure 7,200
Quebec Coral and Sponge Closures/Conservation Areas (11 closures) 8,572 Disko Fan Conservation Area 7,485
Pacific Offshore Seamounts and Vents Conservation Area 82,689 Total Multispecies OECMS 36,407
Strait of Georgia and Howe Sound Sponge Reef Closures (7 closures) 29 Percent of Total 13
Davis Strait Conservation Area 17,286 Single Species
Hatton Basin Conservation Area 42,459 7 Lobster Closures 94
Hopedale Saddle Closure 15,412 Bay of Islands Salmon Migration 218
3O Coral Closure 10,396 Miramichi Bay Closure 1,553
Northeast Newfoundland Slope Closure 46,833 Scallop Buffer Zones (3 Closures) 5,833
Total SBA OECMS 233,498 Saguenay Fjord Upstream 109
Percent of Total 84 Total Single Species OECMS 7,807
Percent of Total 3
Total Area Protected as OECMs 277,712
16 SeaBlue CanadasEABLUE cANADA
In our scoring of whether a particular site TABLE 5. Scores out of 100 for individual OECMs by DFO, IUCN-WCPA and CBD
met the criteria to be counted as an OECM SBSTTA Guidance
for each set of guidance, we found that
no site resulted in a score of less than 60 Total
DFO IUCN-WCPA CBD SBSTTA
OECM Area
points out of 100 (Table 5). Since many of the (km2)
Guidance Guidance Guidance
criteria, such as the area not being previously
Sensitive Benthic Area OECMs
recognized as a protected area, the area
Corsair & Georges Canyon Conservation Area 9,075 Likely - 88 Likely - 87 Likely - 80
being a geographically defined space, the
area being governed by a specific authority, Jordan Basin Conservation Area 49 Unlikely - 79 Unlikely - 73 Unlikely - 70
and the governance and creation of the area Lophelia Coral Conservation Area 15 Likely - 83 Unlikely - 73 Unlikely- 70
is equitable, are all criteria that are easily Emerald Basin and Sambro Bank Sponge Conservation Area (2) 259 Likely - 83 Unlikely - 73 Unlikely - 70
fulfilled, most OECMs received points in
Northeast Channel Coral Conservation Area 424 Unlikely - 79 Unlikely - 73 Unlikely - 70
these categories. That said, it is an important
reminder that sites scoring below 65 points Quebec Coral and Sponge Closures/Conservation Areas (11) 8,572 Unlikely - 75 Unlikely - 73 Unlikely - 67
did not meet the criteria to be counted as an Pacific Offshore Seamounts and Vents Conservation Area 82,689 Likely - 88 Likely - 80 Likely - 80
OECM, in our view. Strait of Georgia and Howe Sound Sponge Reef Closures (9) 29 Likely - 83 Unlikely - 77 Unlikely - 73
Davis Strait Conservation Area 17,286 Yes - 96 Yes - 93 Likely - 83
We found that the majority by of OECMs
by area scored more than 80 points in the Hatton Basin Conservation Area 42,459 Likely - 88 Likely - 80 Unlikely - 73
assessment and are either fully or are likely to Hopedale Saddle Closure 15,412 Likely - 88 Unlikely - 77 Unlikely - 73
satisfy DFO guidance (196,146 km2 or 72%) and 3O Coral Closure 10,396 Unlikely - 75 Unlikely - 73 Unlikely - 70
IUCN Guidance (164,295 km2 or 60%) where
Northeast Newfoundland Slope Closure 46,833 Unlikely - 67 Unlikely - 70 No- 63
as a smaller area (109,050 km2 or 40%) scored
80 points or more under the CBD SBSTTA
guidance (Table 5, Table 6). This difference
is largely because of strengthened criteria
for management effectiveness, equity and
monitoring requirements and these results
are largely driven by the Pacific Offshore
Seamounts and Vents Conservation Area.
SeaBlue Canada 17sEABLUE cANADA
TABLE 5 (continued). Scores out of 100 for individual OECMs
by DFO, IUCN-WCPA and CBD SBSTTA Guidance
Total
DFO IUCN-WCPA CBD SBSTTA
OECM Area
Guidance Guidance Guidance TABLE 6. Analysis by area assessed as meeting
(km2)
DFO, IUCN-WCPA and CBD SBSTTA guidance for
Multi-Species OECMs OECMs
Western Emerald Banks Conservation Area 12,786 Yes - 96 Likely - 80 Unlikely - 73
Les Desmoiselles Nursery Closure 0.3 Unlikely - 71 No - 63 No - 63 Fisheries and Oceans Canada OECM Guidance
Magdalen Islands 6 Lagoon Closures 136 Likely - 83 Unlikely - 70 Unlikely- 67 Yes Likely Unlikely No
(km2) (km2) (km2) (km2)
Hawke Channel Closure 8,800 Likely - 88 Unlikely - 77 Unlikely - 73
Sensitive Benthic Areas 17,286 149,938 66,274 0
Funk Island Deep Closure 7,200 Likely - 88 Unlikely - 77 Unlikely - 73
Multi-Species 12,786 16,136 0.3 0
Single Species
Single Species 0 0 7,807 0
7 Lobster Closures 94 Unlikely - 79 Unlikely - 67 No - 63
Total 30,072 166,074 74,081 0
Bay of Islands Salmon Migration 218 Unlikely - 75 No - 60 No - 63
% 11.1 61.5 27.4 0
Miramichi Bay Closure 1,553 Unlikely - 75 No - 63 No - 63
IUCN Guidance
Scallop Buffer Zones (3 Closures) 5,833 Unlikely - 75 No - 60 No - 63
Yes Likely Unlikely No
Saguenay Fjord Upstream 109 Unlikely - 75 Unlikely - 67 No - 63 (km2) (km2) (km2) (km2)
Sensitive Benthic Areas 17,286 134,223 81,989 0
Multi-Species 0 12,786 16,136 0
Single Species 0 0 203 7,604
Across all OECMs, only 30,072 km2, or 11% by area, fully met DFO guidance, based on our
assessment of how these areas fulfilled the criteria. An additional 166,074 km2, or 62% by Total 17,286 147,009 98,328 7,604
area, are likely to meet the criteria, but 74,081 km2, or 27% by area, are unlikely to meet the % 6.4 54.5 36.4 2.8
criteria. OECMs analyzed using IUCN-WCPA guidance showed similar patterns, with 17,286 Draft CBD OECM Guidance
km2, or 6% by area, fully meeting the IUCN-WCPA criteria, and 147,009 km2, or 55% by area,
Yes Likely Unlikely No
likely to meet criteria. An additional 98,328 km2, or 36% by area, are unlikely to meet IUCN- (km2) (km2) (km2) (km2)
WCPA guidance, while the remaining 7,604 km2, or 3% by area, does not meet the criteria.
Sensitive Benthic Areas 0 109,050 77,615 46,833
No OECMs fully met the CBD criteria, while 109,050 km2, or 40% by area, were likely to meet
the criteria, 106,537 km2, or 40% by area, were unlikely to meet the criteria and 54,640 km2, Multi-Species 0 28,922 0.3
or 20% by area, did not meet the criteria (Table 6). Single Species 0 0 0 7,807
Total 0 109,050 106,537 54,640
% 0 40.4 39.5 19.7
18 SeaBlue CanadasEABLUE cANADA
FIGURE 3. Spectrum of OECMs satisfying DFO Guidance
Placing individual OECMs on a spectrum of
likeliness of meeting each set of guidance,
quick assessments can be made as to
the improvements required to improve
conservation outcomes (Figures 3-5).
FIGURE 4. Spectrum of OECMs
satisfying IUCN-WCPA Guidance
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FIGURE 5. Spectrum of OECMs satisfying CBD SBSTTA Guidance Offshore Vents-Seamounts Conservation Area
are likely to satisfy the guidance. Others require
additional management measures, particularly
to protect them from oil and gas activity, to
fully meet the all three sets of guidance. While
SBA OECMs are closer to meeting the various
criteria, there are specific elements that require
improvements:
1. Size: If an SBA OECM is to meet the
‘size’ criterion then, at a minimum,
it should follow the SBA science
guidelines developed by DFO
Newfoundland and Labrador Region
that states that 70% of coral or sponge
areas need to be protected for effective
long-term biodiversity conservation
(CSAS, 2017). If it was observed that
70% of the coral and sponges were not
protected, then the OECM likely did
not meet the ‘size’ criteria. We do note
04.2 Assessment of OECMs by Sensitive Benthic Area OECMs that ideally, 100% of the SBA should
Category Generally, SBA OECMs are closer than the
be protected; however, we used the
published Canadian science advice as a
other two types of OECMs to satisfying the
To better understand what specific minimum standard.
three sets of guidance to be counted as an
improvements need to be made to ensure that 2. Effective means: Apart from the
OECM. The Davis Strait Conservation Area
the OECMs in the three categories we have eastern Arctic closures, none of the SBA
is the only OECM that completely satisfies
determined (SBA, multi-species and single OECMs fully met the IUCN-WCPA or
DFO and IUCN-WCPA guidance (Table 5).
species) either completely or more fully meet CBD SBSTTA ‘effective means’ criteria
Others, such as Corsair and Georges Canyon
the three sets of guidance, we explored which as DFO cannot unilaterally control all
Conservation Area and the Hatton Basin
of the ten criteria were or were not satisfied activities within SBA closures under
Conservation Area are likely to satisfy DFO and
(Table 7). the Fisheries Act, unless all activities
IUCN-WCPA guidance. No SBA OECM fully
cause harm to fish habitat and in that
satisfies CBD SBSTTA guidance; however, the
case all activities could be prohibited.
Davis Strait Conservation Area, Corsair and
However, from a jurisdictional
Georges Canyon Conservation Area and Pacific
20 SeaBlue CanadasEABLUE cANADA
perspective, the Canada-Nova Scotia TABLE 7. Overview summaries for OECM categories against the criteria
and Canada-Newfoundland and
Labrador Offshore Petroleum Boards Criterion SBA OECMs Multi-species OECMs Single Species OECMs
have the regulatory authority to permit Not recognized Criterion is met across all sets of Criterion is met across all sets of Criterion is met across all sets of
oil and gas development/exploitation as a protected guidance. guidance. guidance.
area
on the Atlantic Coast but have no legal
obligation to respect areas protected Geographically Criterion is met across all sets of Criterion is met across all sets of Criterion is met across all sets of
defined space guidance. guidance. guidance.
under the Fisheries Act. The inability of
the Canadian government to manage Size Criterion is not met across all Criterion is nearly met across all Criterion is not met across all sets of
sets of guidance. Not all closures sets of guidance. However, not all guidance. Not all closures appear to
the Petroleum Boards with regards to appear to be sufficient in size closures appear to be sufficient in be sufficient in size to achieve the
OECMs7 indicates a failure to effectively to achieve the long term in-situ size to achieve the long term in-situ long term in-situ conservation of
conservation of biodiversity. The conservation of biodiversity. Where biodiversity. The closures could more
integrate management inside and closures could be doing more to Significant Benthic Areas are part strictly follow current EBSA boundaries
outside of OECMs. Additionally, while ensure that DFO Newfoundland of the OECM objective, ensure that or use the ecological components
and Labrador Region SBA science DFO Newfoundland and Labrador of the EBSAs as the conservation
DFO has the authority to manage which advises protection of 70% of Region SBA science which advises objective(s) for an OECM.
fishing activities, to date there is no the SBA concentration is adhered protection of 70% of the SBA
formal restriction on annual bottom to. concentration is adhered to.
trawl research surveys within these Governed Criterion is met across all sets of Criterion is met across all sets of Criterion is met across all sets of
areas, although avoidance of these guidance. guidance. guidance.
areas by trawl surveys is done by some Equitable Criterion is mostly met across Criterion is mostly met across all sets Criterion is mostly met across all sets of
DFO regions. Finally, no areas protected all sets of guidance, in certain of guidance, in certain circumstances guidance, in certain circumstances the
circumstances the level of the level of consultation with level of consultation with indigenous
under the Sensitive Benthic Areas consultation with indigenous indigenous peoples and local peoples and local communities is
policy allow bottom fishing, but not all peoples and local communities is communities is unknown. unknown.
fishing is prohibited and as such there unknown.
is no guarantee of protection of in-situ Managed Criterion is met across all sets of Criterion is met across all sets of DFO criterion is met but not IUCN-
biodiversity. It should be noted however, guidance except for CBD SBSTTA guidance except for CBD SBSTTA WCPA or CBD SBSTTA criteria. Rather,
guidance as the management of guidance as the management is IUCN-WCPA and CBD SBSTTA criteria
that most Oceans Act MPAs allow OECMs is unable to unilaterally unable to unilaterally and adequately are either likely or potentially met but
fishing within their boundaries, which and adequately address new and address new and arising threats additional work could be completed
in some cases includes bottom fishing arising threats (e.g. oil and gas and management is not always to lead to more positive biodiversity
development) consistent with the ecosystem benefits. The focus on single species
with traps and longlines. In such cases, approach. for these closures limits the ability for
SBA OECM closures may actually be the ecosystem approach to be applied.
providing more protection for benthic Secondary/ Criterion is met across all sets of Criterion is met across all sets of Criterion is met across all sets of
biodiversity than MPAs. Ancillary guidance. guidance except for Les Desmoiselles guidance except for CBD SBSTTA
Nursery Closure and the Magdalen guidance as there is little recognition
Islands 6 Lagoon Closures under of the identification of the range of
CBD SBSTTA Guidance due to little biodiversity attributes for why a site is
recognition of the identification of important due to focusing on a single
7 As indicated by the recent open Call for Bids in the Northeast the range of biodiversity attributes species or habitat.
Newfoundland Slope Closure (CNLOPB, 2018). regarding why a site is important.
SeaBlue Canada 21sEABLUE cANADA
TABLE 7. Overview summaries for OECM categories against the criteria 3. Effective and enduring: For the
‘effective and enduring’ criterion, 13 out
Criterion SBA OECMs Multi-species OECMs Single Species OECMs of 238 of the SBA OECMs do not satisfy
Effective Means Criterion is rarely met across all Criterion is rarely met across all Criterion is rarely met across all sets of any of the three guidance documents
sets of guidance. Either DFO does sets of guidance. Either DFO does guidance. Either DFO does not have as they do not demonstrate that they
not have control over all activities not have control over all activities control over all activities that could
that could have a negative impact that could have a negative impact have a negative impact on the in-situ
will allow for effective and enduring
on the in-situ conservation of on the in-situ conservation of conservation of biodiversity or certain in-situ biodiversity conservation. This is
biodiversity or certain activities biodiversity or certain activities activities that are not prohibited either because of the size of the OECM,
that are not prohibited within that are not prohibited within within the closures can still occur
the closures can still occur and the closures can still occur and and have a negative impact on the level of benthic protection, failure to
have a negative impact on the impact the biodiversity of the area. in-situ conservation of biodiversity. manage activities that are currently
in-situ conservation of biodiversity. Additionally, an ecosystem-based Additionally, an ecosystem-based
Additionally, noted are the approach should be pursued, and approach should be pursued, and occurring or may potentially take
negative impacts of annual trawl management is not integrated management is not integrated inside place within the OECM, uncertainty
surveys conducted by DFO and inside and outside the OECM. and outside the OECM.
management is not integrated
surrounding ecological monitoring
inside and outside the OECM. and surveillance, and/or the fact that
Long Term Criterion is met through DFO Criterion is met through DFO Criterion is met through DFO the closures can be currently reversed
guidance and is likely met for guidance and is likely met for IUCN- guidance and is likely met for IUCN- through Ministerial discretion under
IUCN-WCPA and CBD SBSTTA WCPA and CBD SBSTTA guidance WCPA and CBD SBSTTA guidance due
guidance due to the proposed due to the proposed amendments to to the proposed amendments to the
the Fisheries Act. Many sites lack
amendments to the Fisheries Act. the Fisheries Act Fisheries Act the permanence required by the
Effective and Uncertainty if DFO guidance Uncertainty if DFO guidance Uncertainty if DFO guidance
IUCN-WCPA guidance. If the recently
Enduring is met surrounding ecological is met surrounding ecological is met surrounding ecological proposed amendments to Canada’s
monitoring and surveillance. monitoring and surveillance. monitoring and surveillance. IUCN-
IUCN-WCPA criterion is not IUCN-WCPA guidance is not WCPA guidance is not satisfied as
Fisheries Act under Bill C-68 (Section
satisfied as it is uncertain if all satisfied as it is uncertain if all it is uncertain if all the closures will 43.3[1] – 43.3[2]) are implemented, the
the closures will provide effective the closures will provide effective provide effective in-situ conservation ‘long-term’ criteria for IUCN-WCPA
in-situ conservation of biodiversity, in-situ conservation of biodiversity, of biodiversity, resulting from a
resulting from a combination of resulting from a combination of combination of multiple factors such guidance will likely be satisfied as
multiple factors such as size of the multiple factors such as size of the as size of the closure, prohibitions and the Minister will be able to designate
closure, prohibitions and length of closure, prohibitions and length of length of the closure. CBD SBSTTA
the closure. CBD SBSTTA criterion the closure. CBD SBSTTA guidance is guidance is never satisfied because
closures over the long-term and can
is rarely satisfied due to Accord never satisfied (except for the Disko it is unlikely the site will provide in supersede inconsistencies between
Agreements and the failure of Fan Conservation Area) because situ biodiversity conservation due to
OECMs to follow NLFD SBA science the OECMs may not provide in situ their size, failure to document known
regulations made by the Governor in
guidelines (70%). biodiversity conservation due to biodiversity attributes within the Council9 (Parliament of Canada, 2018).
threats from oil and gas, size of the OECM and/or the governance abilities
closures, and/or the governance to adequately address threats to
abilities to adequately address biodiversity within the OECM.
threats to biodiversity within the
OECM.
8 This includes the eleven Quebec Coral and Sponge Closures.
9 Gives the Minister the power to preclude any regional director
general about undoing a closure and gives ministerial powers to
declare permanency.
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