Freezing Ongoing Human Activities in Arctic Marine Protected Areas

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On July 24, 2024, Canada registered Order No. 2 Designating the Tuvaijuittuq Marine Protected Area (MPA) under the Oceans Act. This order aims to establish a protected marine area off the northern coast of Ellesmere Island, within the Arctic Ocean.

The Tuvaijuittuq area is noted for its unique and critically important habitat, characterized by multi-year pack ice and a rich diversity of marine life. Recognizing the significance of this area, Fisheries and Oceans Canada (DFO) initiated efforts for long-term protection in collaboration with various stakeholders, including Parks Canada, the Government of Nunavut, and the Qikiqtani Inuit Association (QIA). Following the designation of the area as an MPA in 2019 under a previous ministerial order, ongoing efforts were impacted by the COVID-19 pandemic, which hindered consultations and research essential for developing long-term protection strategies.

The primary objective of Order No. 2 is to extend the protection period for the Tuvaijuittuq MPA for an additional five years, until 2029. This extension will allow more time to gather data, engage with local Inuit communities, and explore the development of an Indigenous Protected and Conserved Area (IPCA).

The order clearly defines key terms, including “Agreement,” which refers to the land claims agreement between the Inuit and the Canadian government, and “Marine Protected Area,” which designates the specific area covered by this order. The Tuvaijuittuq MPA encompasses 319,411 square kilometers of marine waters starting from the low-water mark off northern Ellesmere Island to the outward boundary of Canada’s Exclusive Economic Zone.

Certain activities are exempt from prohibition within the MPA. These include national defense operations, marine scientific research, and specific navigation activities by foreign entities. The order strictly prohibits activities that could disturb or damage unique geological or archaeological features, living marine organisms, or their habitats unless explicitly exempted.

Order No. 2 recognizes the importance of community consultation in the conservation process. The QIA requested the repeal of the previous order to allow for meaningful engagement with Inuit communities and stakeholders affected by the MPA. The DFO is committed to ongoing discussions and collaboration to ensure that the conservation measures align with the interests and rights of local Inuit populations, particularly regarding wildlife harvesting rights outlined in the Nunavut Agreement.

The Tuvaijuittuq MPA area is projected to become increasingly vital as a refuge for ice-dependent species due to the expected loss of sea ice elsewhere in the Arctic. The order contributes to Canada’s marine conservation targets and advances the government’s commitments to reconciliation with Indigenous peoples.

Canada (SOR/2024-165) August 14, 2024