Mr. Speaker, I am pleased on behalf of the Parliamentary Secretary to the Minister of Fisheries and Oceans, the member for Labrador, to rise in the House today to respond to the motion put forward by the member for Vancouver East.
First I would like to thank the member for Vancouver East for her continuing concern and interest in the live capture and trade of whales and dolphins. I think it is very important that we outline the facts as they exist and the work the government and the Department of Fisheries and Oceans have been doing in this area.
Fisheries and Oceans Canada takes the well-being of aquatic animals, including those in aquariums, very seriously. For decades all applications for live capture have been carefully scrutinized to ensure that the well-being of these creatures is always the first priority. Applications are examined to determine the adequacy of each aquarium's facilities, the quality of its staff and veterinary support and a range of other considerations. If there is any doubt in these areas, the application is turned down.
While keeping whales and dolphins in aquariums is generally seen as both safe for these creatures and a useful educational tool, DFO is well aware of the concerns expressed by Canadians about keeping whales in captivity. It is true that the long term effects of captivity on whales and dolphins are largely unknown. For these reasons, in 1992 Canada placed a moratorium on the live capture of whales and dolphins for export. The moratorium is still in effect. There has not been a live capture in Canadian waters since that time. I want to emphasize that: there has not been a live capture in Canadian waters since that time. In fact, since 1992 there has been only one application for the live capture of a whale for a Canadian aquarium. That application was rejected.
To develop long term policies for live capture, however, DFO is working to improve its knowledge on the effects of captivity on whales and dolphins and to clarify the various jurisdictions involved. Allow me to present the details of the review.
An independent scientist commissioned by the department conducted a comprehensive review to provide recommendations about the relevance of live captures to DFO's role in marine mammal management. To do this, he travelled across Canada and consulted a wide range of interested groups. While the review acknowledged the benefits of live capture and gave qualified support for whales in aquariums, it also pointed out specific deficiencies and provided a series of recommendations on how to improve marine mammal management in three key areas: one, whales in captivity; two, care and maintenance standards; and three, international trade.
The first group of recommendations, however, whales in captivity, is one where the federal government can do little. Under the constitution, the holding of animals in captivity falls under the responsibility of the provinces. DFO has legal authority only over the live capture of whales from wild stocks in Canadian waters and their release back into the wild.
In the meantime, however, in keeping with the spirit of the review the Department of Fisheries and Oceans is looking at other ways to address the recommendations outlined in areas where the department can in fact make a difference.
The second group of recommendations, care and maintenance standards, is one in which the Department of Fisheries and Oceans is looking to make progress. Once again, while care and maintenance of these creatures is a provincial responsibility, DFO is examining opportunities within the federal jurisdiction to work closely with organizations such as the Canadian Council on Animal Care to establish voluntary standards for aquariums as well as a process for their independent verification.
Indeed, preliminary discussions are confirming that Canadian aquariums and their association, the Canadian Association of Zoos and Aquariums, are generally supportive of a set of formalized care and maintenance standards as well as an independent verification process.
For the third area of interest, international trade, Canadian legislation is already in place to deal with the protection and trade of species, particularly endangered stocks. The 1996 Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act addresses any threats to wildlife that may result from trade. In effect, the act implements the United Nations Convention on International Trade in Endangered Species of Wild Flora and Fauna, or CITES as it is generally known. This is an international treaty designed to protect various species, including a number of whales and dolphins. Canada is a party to this convention, along with 151 other nations.
Under the convention any trade in rare or endangered species is not permitted for commercial purposes. Species that are not rare or endangered but that could become so if trade is not regulated, such as beluga whales, which the member mentioned, are also covered by this convention. Under the regulations, trade in these species is subject to an export permit from the country of export.
Once again, I should reiterate that there is presently a moratorium in Canada on live capture of whales and dolphins for export. At this time, banning imports of dolphins and non-endangered whales such as the beluga whale, as put forward in the member's motion, would be inconsistent with the convention and perhaps also with obligations to which Canada is subject under other international trade agreements.
Having said that, let me point out that DFO is currently reviewing the question of live capture and is considering appropriate alternatives.
In conclusion, I would like to reiterate that Fisheries and Oceans Canada takes the well-being of all aquatic creatures very seriously. The stringent application process that has long governed the live capture of whales and dolphins and the moratorium that has been in place since 1992 provide effective protection for wild animals in Canada. These measures, along with the comprehensive review currently being examined by DFO, demonstrate the importance the department places on this subject.
Until concrete recommendations are developed there is no pressing reason to change the mechanisms in place with regard to live capture. As I mentioned a moment ago, Canada fully supports CITES and has domestic regulations that fully implement our trade obligations under this convention. Clearly it would not be appropriate to adopt a proposal that is inconsistent with our international obligations. For this reason, we are unable to accept the member's motion to decree an immediate moratorium on the live capture and trade of whales and dolphins at this time.