Opinion: Tanker ban is best way to protect North Pacific

Legislating an oil tanker ban in the North Pacific is a decisive step to build the future British Columbians want. While there are other ways to stop Enbridge’s Northern Gateway project, a law prohibiting oil tanker traffic will address all oil tankers in the region, not just this one project, and remove all doubt about the federal moratorium, in place since 1972. Passing such a law will uphold Canada’s tradition of acting to protect its ocean interests while working with other states to develop international law. It is also a critical step for a sustainable future for the region.

The five private member bills introduced by MPs Joyce Murray and Nathan Cullen are a blueprint for action, and can be tailored to address past critiques, such as by exempting existing shipments of fuel to coastal communities in both B.C. and Alaska.

Concerns about how our neighbours to the south may react should not be overblown. Like all coastal nations, the U.S. juggles marine environmental protection and shipping rules such as innocent passage, and acts when necessary, as Canada should in this case. The U.S. restricts shipping through domestic law in environmentally sensitive areas such as Puget Sound, and through numerous internationally sanctioned limits. Just this past July, the International Maritime Organization approved a U.S. proposal to limit shipping close to the Alaskan Aleutian Islands due to concerns about potential damage to local communities reliant on fisheries.

It is similarly in Canada’s interests to eliminate the risk of catastrophic spills and other harmful impacts from oil tankers by prohibiting their passage in B.C.’s north coast, almost half of which is classified as “Ecologically or Biologically Significant Areas”, according to criteria adopted by the Convention on Biological Diversity. The proposed tanker routes pass by critical habitat for fish, shellfish, endangered whales, and protected areas like Gwaii Hanaas National Marine Conservation Area Reserve and Haida Heritage Site, and Sgaan Kinghlas/Bowie Seamount, an underwater volcano protected under Canada’s Oceans Act.

Canada’s interests in legislating a north coast oil tanker ban are also economic — industries such as fishing, aquaculture and tourism depend on a healthy ocean. A study from UBC’s Fisheries Centre found that the costs of a major oil spill would outweigh the benefits that Enbridge itself calculated would flow from the Northern Gateway project. The researchers conservatively estimated that a large-scale spill could cost local fishermen, the Port of Prince Rupert, BC Ferries and marine tourism operators roughly $300 million, 4,000 full-time jobs, and $200 million in contribution to GDP over 50 years, not including damage to social, cultural and ecological values. Each year, ocean-based industries on the north coast of B.C. generate about $1.2 billion, provide employment for more than 9,000 people, and contribute approximately $700 million to GDP.

A legislated oil tanker ban would further protect Canada’s interests by according with the declarations of First Nations that have banned oil tanker traffic from the waters in their territories as a matter of their own laws. Eight First Nations are among the litigants now awaiting a ruling from the Federal Court of Appeal on the legality of the government’s Northern Gateway approval. Earlier this fall, the courtroom for the hearings was packed with community members and elders in regalia who were among those who had travelled from distant communities to show the depth of their opposition to this project.

A tanker ban is consistent with the “constitution for the oceans”, the UN Convention of the Law of the Sea (UNCLOS), which confirms Canada’s full sovereignty over its internal waters, and its right to make laws for environmental protection in its territorial seas. The tanker ban law can be crafted to align with Canada’s support for freedom of navigation, consistent with environmental protection and coastal state security, building on our long-standing leadership in developing the law of the sea.

This would not be the first time Canada has acted to protect its waters from oil tankers. In the 1980s, Canada passed regulations limiting oil tankers in the waters within Head Harbour Passage, New Brunswick due to navigational risks and the value of fisheries and aquatic bird resources. (The regulations were later rescinded when the U.S. withdrew a proposal for an oil refinery in the area.) Canada also negotiated the “Arctic exception” clause in UNCLOS, giving international legal recognition to Canada’s unilateral action in passing the Arctic Waters Pollution Prevention Act in 1972.

Finally, a tanker ban law can open up much-needed political space for a dialogue with the federal government about future directions for B.C.’s north coast that can build on marine spatial plans recently signed by the government of B.C. and 18 First Nations which establish marine zones and set directions for sustainable economic development. The need for a holistic approach to development that accounts for cumulative impacts has never been higher, as overall ocean health deteriorates, large fish dwindle, acidification weakens shellfish, and warming seas and rising sea levels portend damaging ecological consequences. But there is little hope for this to occur while relations between key actors remain soured as a result of prolonged controversy surrounding the potential introduction of oil tankers.

Formalizing the moratorium is rightly considered a top priority by a federal government committed to development that meets the needs of today and those of our grandchildren.

Linda Nowlan is staff counsel with West Coast Environmental Law in Vancouver.

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