I’m currently researching once more the various treaties and laws that oblige the Government of Canada to protect Right Whales, Finbacks, Porpoise, their habitat, and forage. It is clear at the outset that Canada is obliged to protect the Bay of Fundy and the listed whales that occur there, and the fish, krill and copepods on which they feed.
Proponents of developments in the Bay, the government departments involved, the State of Maine which owns part of the Bay of Fundy and federal governments of both the US and Canada are obliged to proceed with caution when approving coastal and shipping developments. Unfortunately, their procedures of late seem to ignore their legal obligations.
Meanwhile, representatives of the State Department continue to parrot the red herring of “innocent passage” under the United Nations Convention on the Law of the Sea (UNCLOS). But the US has not ratified and consequently has no rights under UNCLOS.
Canada, however, has ratified the treaty and is bound to provide protection on this basis or under the domestic Species at Risk Act. Similarly, although they are not signatories of UNCLO, Americans under domestic endangered species laws are bound to protect these species in foreign locals.
My take tonight. Art MacKay
April 8, 2018
THE LAW OF THE SEA AND SPRAYING IN THE MARITIMES.
During the battle to prevent LNG terminals from being established in Passamaquoddy Bay, a group of concerned professionals colleagues were deeply involved in studying and furthering many of the reasons why these LNG developments should not be happening … including the pollution of our ocean waters. It should be understood that we only own the ocean offshore for 12 miles and we manage the waters of the 200 mile under the international agreement known as UNCLOS … the United Nations Convention on the Law of the Sea. Canada signed this but the USA did not. Under this agreement we have agreed to follow Article 194. Clearly shipping, oil platforms and other activities are covered and we are or will be in breach there.
But in terms of onshore spraying of glyphosate and other toxins, it seems that Canada is in breach of this agreement. (See 3. (a) and 5 below). Clearly our legal folks would have to ponder upon this like they have for decades now or we could begin the process of showing just how we negatively impact our own ocean waters and those the world has entrusted to us.
Article 194 states:
Measures to prevent, reduce and control pollution of the marine environment
1. States shall take, individually or jointly as appropriate, all measures consistent with this Convention that are necessary to prevent, reduce and control pollution of the marine environment from any source, using for this purpose the best practicable means at their disposal and in accordance with their capabilities, and they shall endeavour to harmonize their policies in this connection.
2. States shall take all measures necessary to ensure that activities under their jurisdiction or control are so conducted as not to cause damage by pollution to other States and their environment, and that pollution arising from incidents or activities under their jurisdiction or control does not spread beyond the areas where they exercise sovereign rights in accordance with this Convention.
3. The measures taken pursuant to this Part shall deal with all sources of pollution of the marine environment. These measures shall include, inter alia, those designed to minimize to the fullest possible extent:
(a) the release of toxic, harmful or noxious substances, especially those which are persistent, from land-based sources, from or through the atmosphere or by dumping;
(b) pollution from vessels, in particular measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea, preventing intentional and unintentional discharges, and regulating the design, construction, equipment, operation and manning of vessels;
(c) pollution from installations and devices used in exploration or exploitation of the natural resources of the seabed and subsoil, in particular measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea, and regulating the design, construction, equipment, operation and manning of such installations or devices;
(d) pollution from other installations and devices operating in the marine environment, in particular measures for preventing accidents and dealing with emergencies, ensuring the safety of operations at sea, and regulating the design, construction, equipment, operation and manning of such installations or devices.
4. In taking measures to prevent, reduce or control pollution of the marine environment, States shall refrain from unjustifiable interference with activities carried out by other States in the exercise of their rights and in pursuance of their duties in conformity with this Convention.
5. The measures taken in accordance with this Part shall include those necessary to protect and preserve rare or fragile ecosystems as well as the habitat of depleted, threatened or endangered species and other forms of marine life.: