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After describing how the marine environment is tottering in the face of the triple environmental crisis, this article explores the limited governance progressions at the global and regional levels in addressing the threats of pollution, climate change and biodiversity loss in the especially vulnerable Arctic. For pollution, key limitations include slow and arduous processes to add chemicals for control under the Stockholm and Rotterdam Conventions and reliance at the regional level on a fragmented array of pollution studies and projects but without specific region-wide legally binding pollution standards. For climate change, the world is not on track to meet the Paris Agreement’s temperature targets which is especially problematic for the Arctic cryosphere while the Arctic Council has largely been limited to providing general statements of concern and aspirational calls for enhanced climate mitigation and adaptation actions. For marine biodiversity losses, a pan-Arctic network of marine protected areas has yet to be developed and various implementation challenges surround the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean including the need to ensure adequate financial, human resource and technical support. The paper concludes by highlighting some promising future governance directions. They include: the conclusion of a global treaty on plastic pollution; implementation of a new Global Framework on Chemicals –For a Planet Free of Harm from Chemicals and Waste; expected further clarifications from international tribunals on State responsibilities to address climate change; and regional implementation of the Kunming-Montreal Global Biodiversity Framework and the new agreement under the UN Convention on Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. [ABSTRACT FROM AUTHOR]

Populations of blue whales were heavily depleted across the globe by industrial whaling and are still considered globally endangered today. In the Northwest Atlantic, an estimated 400–600 individuals remain, but these numbers are highly uncertain. Ship strikes, fishing gear entanglement, and marine debris are thought to be leading causes of contemporary human-caused mortality in blue whales, with anthropogenic noise possibly causing sublethal stress and injury. Climate change is recognised as an emerging and intensifying threat that is likely to affect food supply and could limit the capacity of the population to recover. Both Canada and the United States have protected blue whales through their domestic legislation. This article reviews law and policy responses in the two countries, as well as bilateral, regional and international frameworks that address anthropogenic threats to blue whales. Future scientific directions, as well as recommendations for improvements to domestic legislation and multilevel cooperation are outlined. [ABSTRACT FROM AUTHOR]

This article reviews and compares Canadian and Russian approaches to Arctic fisheries management through a three-part format. First, the complex array of laws and policies applicable to Arctic fisheries is described for each country. How Canada and Russia have addressed international fishery issues is also highlighted, including their participation in the 2018 Central Arctic Ocean Fisheries Agreement. Second, commonalities in fisheries governance approaches are summarized, including national commitments to implement precautionary and ecosystem approaches. Finally, contrasts in Arctic fisheries management are discussed. Major differences include the greater devolution of management responsibilities by Canada to Indigenous communities through land-claim agreements and co-management arrangements and Russia's greater success in formalizing bilateral fisheries management arrangements with its neighbours. [ABSTRACT FROM AUTHOR]

This article is the Introduction to the Special Feature entitled: Canada and Transboundary Fisheries Management in Changing Oceans: Taking Stock, Future Scenarios. We summarize the research context of the four papers in the Special Feature. [ABSTRACT FROM AUTHOR]

Climate change is affecting physical and biological components and processes of marine ecosystems in many ways. Resulting changes in abundance and distribution of commercially valuable species are anticipated to create or exacerbate challenges for fisheries management across national boundaries by raising questions around catch allocation, membership in the management organizations, and forms of cooperation between the organizations. In this paper we assess eight transboundary fisheries arrangements in the Northwest Atlantic and North Pacific on their preparedness to respond to climate-change driven changes. For each arrangement a three-part analysis is provided. A general introduction to fisheries management responsibilities, including species and geographic scope, is first followed by a review of how climate-related science is being supported and a discussion of how climate change is being addressed directly or indirectly in management. The review shows that none of the examined treaties and founding documents mention climate change or direct parties to include climate change in their research programs and management measures. Nevertheless, climate change is on the radar screen of all eight arrangements although adopting management approaches that do not rely on single stock assessments remains politically difficult. The seaworthiness of the eight arrangements to address climate change varies considerably. Three arrangements were categorized as the most seaworthy for investing significant resources in ecosystem-based management and climate science. Three were assessed to be moderately seaworthy for recognizing precautionary and ecosystem approaches in their treaties, or for taking steps toward this objective, as well as supporting climate science. However, they are relying on single-stock management and, at times, struggle with making decisions based on scientific evidence. Two arrangements appear to be least seaworthy because they are largely ignoring climate change and the need for an ecosystem approach in their management or have inadequate legal tools to address these needs effectively. [ABSTRACT FROM AUTHOR]

Canada has made numerous international and national commitments to sustain marine biodiversity. International commitments include the implementation of ecosystem-based management, the establishment a network of marine protected areas, and the restoration of commercially exploited fish stocks. However, the international commitments tend to be quite general in nature with the precise governance implications of key principles, such as precaution and the ecosystem approach, being open to interpretation, thus leaving considerable room for discretion in implementation. Consequently, a plethora of soft law documents has emerged to provide more specific guidance to decision-makers and progressively develop international law and policy. Nationally, Canada has embraced a long list of commitments that are supportive of sustaining marine biodiversity through legislation and numerous policy-related documents. Nonetheless, Canada has left many of these commitments unfulfilled or inadequately fulfilled, such as ( i) the development of integrated management plans for coastal and marine waters, ( ii) the implementation of the precautionary approach for Canada's fisheries, and ( iii) the establishment of recovery strategies and identification of critical habitat for species at risk. Although the goal of effective protection of marine biodiversity in Canada appears to be guided by international and national commitments, there remains a clear need to fully implement, operationalize, and strengthen these commitments as articulated in the Oceans Act, fisheries management-related policies, the Species at Risk Act, and others. [ABSTRACT FROM AUTHOR]

An introduction to the Special Issue of "The International Journal of Marine and Coastal Law" is presented.

After providing an introductory overview of the major land-based threats to the marine environment, this article focuses upon the specific global and regional efforts to address land-based marine pollution and activities through a four-part survey. The main international initiative is first described, namely, the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities (GPA). Progress in GPA implementation is next assessed with an emphasis on the documentation and results from the Second Intergovernmental Review Meeting on Implementation of the GPA held in October 2006. Major challenges constraining GPA implementation are then summarized, including limited national participation, limited financing, and limits of a non-legally binding approach. Finally, regional agreements and initiatives to counter land-based marine pollution and activities are reviewed. Progress and challenges in GPA implementation at the regional seas level are highlighted. [ABSTRACT FROM AUTHOR]

Following an introductory review of the continuing problem of salmon escaping from aquaculture operations along the Atlantic and Pacific coasts of North America, and the considerable uncertainties over ecological impacts, this article examines the law and policy context for preventing escapes from three perspectives. First, the limited guidance for addressing aquaculture escapes under existing global and regional agreements/arrangements is highlighted. Second, how Canada and the USA have sought to control escape events at national and provincial/State levels is summarized. Third, possible future courses are identified, which improve the way salmon escapes are addressed, with stronger regional responses suggested as most promising. Enhancing the North Atlantic Salmon Conservation Organization's role in preventing escapes and placing transboundary aquaculture issues on the agendas of North Pacific regional cooperative arrangements are the potential courses emphasized. [ABSTRACT FROM AUTHOR]

Canada and the USA have developed a series of cooperative initiatives that address transboundary fisheries issues in the Gulf of Maine. The Canada–USA Steering Committee serves as an umbrella forum for discussing and coordinating transboundary management measures. Through the work of the Transboundary Resource Assessment Committee and the Transboundary Management Guidance Committee, the Steering Committee has overseen the development of joint scientific stock assessments and a sharing agreement for groundfish resources in the vicinity of the eastern Georges Bank. The bilateral Fisheries Enforcement Agreement helps ensure the success of such cooperative management initiatives by combating illegal fishing in the vicinity of the international boundary. However, the largely informal ‘under the radar screen’ arrangements, while positive on many fronts, to date fall short of fully implementing key principles of sustainable development, such as public participation, the ecosystem approach, integration and precaution. [ABSTRACT FROM AUTHOR]

This article compares the law and policy frameworks for protecting marine species at risk in Australia and Canada. The sea of practical challenges is examined, including achieving listing of threatened commercial species; attaining timely and effective recovery planning; and identifying and protecting critical habitats. [ABSTRACT FROM AUTHOR]

We consider law and policy responses to invasive seaweeds at global and regional levels. Key global regimes considered include the 1982 United Nations Convention on the Law of the Sea, the Convention on Biological Diversity, the Ramsar Convention and the Bonn Convention on Migratory Species. Contributions from the Food and Agriculture Organization and the International Maritime Organization are also considered in the global context. At a regional level, examples of efforts in North America and Europe are offered to illustrate challenges and opportunities for regional responses to invasive seaweeds. We conclude with law and policy recommendations, most notably the need to approach the issue of invasive seaweeds in a manner consistent with the precautionary principle. [ABSTRACT FROM AUTHOR]

Electronic tags are significantly improving our understanding of aquatic animal behavior and are emerging as key sources of information for conservation and management practices. Future aquatic integrative biology and ecology studies will increasingly rely on data from electronic tagging. Continued advances in tracking hardware and software are needed to provide the knowledge required by managers and policymakers to address the challenges posed by the world's changing aquatic ecosystems. We foresee multiplatform tracking systems for simultaneously monitoring the position, activity, and physiology of animals and the environment through which they are moving. Improved data collection will be accompanied by greater data accessibility and analytical tools for processing data, enabled by new infrastructure and cyberinfrastructure. To operationalize advances and facilitate integration into policy, there must be parallel developments in the accessibility of education and training, as well as solutions to key governance and legal issues. [ABSTRACT FROM AUTHOR]

Canada has made numerous national and international commitments to sustain marine biodiversity. Given current and potential threats to biodiversity from climate change, fisheries, and aquaculture, we provide a summary review of Canada's progress in fulfilling its obligations to protect, conserve, recover, and responsibly exploit marine biodiversity. We conclude that Canada has made little substantive progress, when compared to most developed nations, in meeting its biodiversity commitments. Much of Canada's policy and rhetoric has not been operationalised, leaving many of the country's national and international obligations unfulfilled in some key areas, such as the establishment of marine protected areas and incorporation of the precautionary approach to fisheries management. We conclude that regulatory conflict within Canada's Department of Fisheries and Oceans (DFO) and the absolute discretion exercised by the national Minister of Fisheries and Oceans contribute significantly to an unduly slow rate of policy and statute implementation. We recommend new approaches and measures to sustain Canadian marine biodiversity and new research initiatives to support scientific advice to decision-makers. Many recommendations focus on management actions required to meet existing commitments to biodiversity conservation. Overall, we conclude that the most effective strategy is to protect existing biological diversity and to rebuild depleted populations and species to restore natural diversity. By improving and protecting the biodiversity in Canada's oceans, such a strategy will restore the natural resilience of Canada's ocean ecosystems to adapt to the challenges posed by climate change and other anthropogenic activities with consequent long-term benefits for food security and social and economic well-being. [ABSTRACT FROM AUTHOR]

The Ocean Tracking Network (OTN) Canada is an integrative seven-year research program initiated in 2010 with academic, government, and industry partners. The team makes use of novel biotelemetry (primarily acoustic telemetry curtains), biologging, and oceanographic technologies to better understand changing ocean dynamics and their impact on ocean ecosystems, animal movements, and ecology and the dynamics of marine animal populations, many of which are commercially important. The network is organized around three ocean arenas (i.e., the Atlantic, Arctic, and Pacific) where specific research projects will occur. However, all projects will contribute toward addressing a single unifying nationalscale question—what are the movements of continental shelf marine animals, how do these movements affect species interactions, and what are the consequences of environmental variability/change and human activities on these species’ distributions and abundance? Taxa that will be tracked include diadromous (e.g., salmon, eels, sturgeon) and marine (e.g., sharks, capelin, cod) fishes and a variety of marine mammals (e.g., grey seals, killer whales). Some of the common activities that occur in all arenas include measurements of oceanographic characteristics and variability at various spatial and temporal scales, movements of key species at several trophic levels, and use of key acoustic “bioprobes” (animals that carry tags that record locations visited, ocean conditions, and interactions with other tagged animals) and “roboprobes” (remotely controlled autonomous vehicles such as gliders that measure physical, biological, and chemical conditions) to complement measurements from fixed OTN acoustic telemetry curtains. Ultimately, scientific information generated will inform resource management, help formulate new socioeconomic policies, and provide some impetus to the reformulation of governance practices and legal standards. [ABSTRACT FROM AUTHOR]