9. Area-Based Management for Arctic Shipping Governance: An Exploratory Study

The Northern Low-Impact Shipping Corridors initiative represents the latest interdepartmental governance initiative or framework introduced by Canada in the context of Arctic shipping. The development and implementation of the Corridors initiative is a collaborative effort led by three federal departments/agencies, namely, Transport Canada (TC), the Canadian Coast Guard (CCG), and the Canadian Hydrographic Service (CHS). The Corridors initiative is part of the OPP, Canada’s national, whole-of-government plan to protect Canada’s coasts and waterways while enhancing maritime safety, the growing the marine economy, and developing Indigenous partnerships (TC, 2023). The Corridors initiative is dedicated to minimizing the adverse impacts of shipping on the sensitive Arctic marine environment (e.g. wildlife habitats) and on significant socio-cultural areas identified by Arctic Indigenous communities (TC, 2017).

Drawing upon historical shipping data derived from the automatic identification system (AIS), these corridors are proposed as voluntary shipping routes (Chénier et al., 2017). If implemented, these corridors will provide maritime operators with navigation recommendations, guidelines, and enhanced services. Compared to other comprehensive and integrated ocean governance initiatives and specific area-based measures for shipping in Canada, the Corridors initiative stands out because it not only adopts strategic policy frameworks but also develops a series of shipping lanes with site-specific planning to guide the development and operations of Arctic shipping activities (PCT, 2016). By doing so, the Corridors initiative is capable to enhance the overall management and regulation of shipping practices in the Canadian Arctic waterways.

However, most of the designated corridors overlap with marine areas that are traditionally and currently used and occupied by Inuit (Dawson & Song, 2023). Consequently, there is significant potential for conflict between Inuit marine uses and shipping activities within the corridors. For instance, increasing maritime traffic may pose negative impacts on Arctic marine ecosystems (e.g. pollution, disturbance, and collision) and threaten Inuit traditional fishing, hunting, and on-ice traveling activities (Dawson et al., 2020; van Luijk et al., 2022). Large vessels and their need for search and rescue capacity also pose challenges to small and scattered Inuit communities (ICC, 2014). To reduce conflicts and enhance Indigenous engagement, federal departments initiated an Indigenous consultation process (TC, 2022) and funded research projects to optimize the Corridors initiative by integrating Inuit perspectives on shipping. The Arctic Corridors and Northern Voices (ACNV) project has developed a research partnership to collect, interpret, and apply Inuit knowledge and values to refine the location of shipping corridors (Dawson et al., 2020). Developing such a research partnership is critical to the governance of the Corridors initiative and helps to ensure that the corridors will be designed in a way acknowledges and considers the rights and interests of local communities while promoting Arctic shipping’s sustainable development and coexistence with the natural environment. To be specific, the development and governance of the shipping corridors should be able to respect Inuit rights that are articulated in the Constitution Act 1982 (CA, 1982) and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP, 2007), including rights to using land/water and resources; environmental protection; decision-making; giving Free, Prior, and Informed Consent (FPIC); and applying indigenous knowledge (Wang, 2023a).

In 2022, Transport Canada announced its plans for the Corridors initiative, including delivering a governance framework and identifying priority areas for vessels to avoid (TC, 2022). Although three federal departments have spent many years preparing for the Corridors initiative, it is foreseeable that it will encounter multiple challenges, such as increasing compliance rate in remote waters, ensuring Indigenous engagement in shipping governance, and building up search and rescue capacity, when implementation starts. Meanwhile, Canada’s previous and existing integrated ocean planning and governance initiatives, along with specific area-based measures for shipping, can inform better governance of the Corridors initiative in terms of enhancing intergovernmental collaboration, facilitating Indigenous engagement, and applying area-based measures (Wang, 2023b).

The Pacific coast of Canada experiences a high volume of ship traffic encompassing a variety of vessel types, including cargo ships, tankers, tugs, and passenger vessels (Clear Seas, 2020). In particular, the southern coastal waters have experienced significant maritime activities due to vessel traffic into the ports of Vancouver and Seattle (Erbe et al., 2014). In contrast, northern coastal waters, although presently less congested, are expected to face increased traffic owing to the growing cruise tourism sector and proposals for the development and expansion of container ports and liquefied natural gas facilities (NRCan, 2023).

The intensification of marine shipping operations has presented considerable challenges to the marine ecosystem and local communities on the Pacific North Coast. Extensive research has been conducted to examine the adverse effects resulting from ships, the potential risks associated with accidents, and pollution related to shipping activities (e.g., underwater noise, pollutants, wastes, and oil spills) (Erbe et al., 2014; Irvine & Crawford, 2011). These investigations shed light on the environmental impacts of marine shipping while also acknowledging its potential influence on the well-being and livelihoods of local and First Nation communities. Currently, efforts have been made to address these concerns through enhanced comprehensive planning, regulatory frameworks, and collaborative initiatives between governments, First Nations, and industry partners (e.g. the Pacific North Coast Integrated Management Area (PNCIMA, 2007) and the Marine Plan Partnership for the North Pacific Coast (MaPP) (Diggon et al., 2022)).

Haida Gwaii is an archipelago situated on the edge of the continental shelf off the northern coast of British Columbia. Foreseen growth in vessel traffic in waters within and surrounding Haida Gwaii has amplified shipping hazards and potential adverse effects (e.g. ship-based pollution and accidents including collision, grounding, and oil spills), raising the need to develop a more effective governance framework to mitigate shipping risks and enhance marine safety (Robertson et al., 2020). Since time immemorial, Haida Gwaii has served as the ancestral home of the Haida people. This unique marine environment not only sustains the essence of the Haida Nation but also shapes the well-being of Haida communities and culture, acting as an integral component of their identity and livelihoods. For more than four decades, the Haida Nation has engaged in cooperative efforts with provincial and federal governments to establish and enforce co-management strategies pertaining to their terrestrial and marine resources. Nevertheless, it was not until the occurrence of the M/V Simushir “near miss” incident in 2014¹ that the Haida Nation formally brought forth the matter of vessel drift and grounding (Robertson et al., 2020, 1). Subsequently, the Haida Nation actively participated in tripartite shipping discussions involving federal and provincial agencies, as well as industry associations (Haida Marine Planning, 2016; Zhang, 2022). These efforts to govern marine traffic led to a pilot project under the PVM initiative, which sought to address the issue of vessel drift grounding accidents along the coastlines encompassing Haida Gwaii. By proactively managing vessel operations and implementing measures to mitigate risks, this pilot project aimed to safeguard the coastal areas surrounding Haida Gwaii and minimize the potential ecological and socio-cultural impacts associated with vessel grounding incidents.

A collaborative effort between Nuka Research (an environmental consulting firm) and the Council of the Haida Nation Marine Planning Program resulted in the delivery of a comprehensive report addressing marine traffic patterns and potential measures for traffic management in Haida Gwaii. One of the proposed strategies involved the establishment of a designated safe distance offshore to effectively mitigate shipping risks (Robertson et al., 2020). The findings of this study directly informed the development of the Voluntary Protection Zone, one of the two pilot projects of OPP’s PVM initiative. The VPZ, which commenced in September 2020, was a voluntary trial to introduce specific guidelines for safe navigation in the region. Within the VPZ, vessels with a gross tonnage (GT) of 500 or greater are asked to maintain a minimum distance of 50 nautical miles (M) west of Haida Gwaii, with the exception of those engaged in trade between ports in British Columbia, Washington, and Alaska, which were requested to maintain a distance of 25 M from the shore (VPZ-25) (TC, 2021). Similarly, cruise ships were advised to maintain a distance of 12 M from the shore (VPZ-12). Fishing vessels, tugs, and barges were exempted from this trial. The participation of vessels in the VPZ trial was entirely voluntary and contingent upon the absence of anticipated adverse consequences to safe navigation and the well-being of the vessel, crew, passengers, and cargo.

The VPZ trial showed notable success. Evaluations conducted by Nuka Research and the Council of the Haida Nation Marine Planning Program (2022) as well as the monthly monitoring reports (see, e.g. Voluntary Protection Zone for Shipping West Coast of Haida Gwaii, 2023) revealed an impressive overall compliance rate exceeding 90 per cent within the VPZ. This achievement highlights the significant willingness of vessel operators to adhere to the designated guidelines within the VPZ. There were instances of ships entering the VPZ, but the primary reasons were associated with weather-related considerations and safety concerns (Nuka Research and the Council of the Haida Nation Marine Planning Program, 2022). The VPZ trial concluded on 31 October 2021, but the VPZ remains in effect until further notice.

The process of developing and executing the trial for the VPZ encountered multifaceted challenges within the realm of shipping governance. A paramount challenge pertains to the coordination of First Nations, diverse government departments, and industry partners to govern shipping activities and ensure marine safety within waters that remain utilized by First Nations. The development of Arctic shipping corridors confronts comparable challenges, particularly in regard to the imperative of informing and partnering with Inuit communities in the context of shipping governance. It is suggested that conducting an in-depth comparison among these cases would contribute to the ongoing discussion on the development of the Corridors initiative. Some insights derived from the successful VPZ trial hold the potential to enhance the governance of Arctic shipping corridors.

The VPZ trial and the Corridors initiative have commonalities. Firstly, they address the governance of shipping activities within waters traditionally utilized by Indigenous peoples over extensive periods. Indigenous communities historically conduct traditional practices within these marine areas and stand to be variably impacted by increased shipping. Both initiatives need to respect Indigenous rights and mitigate impacts from shipping activities on Indigenous communities. Second, the VPZ trial encompasses expansive offshore regions, while the Corridors initiative establishes an extensive network of shipping corridors across major waterways in the Canadian Arctic. Lastly, the voluntary nature of these initiatives introduces challenges concerning implementation and compliance. With these similarities, insights drawn from the VPZ trial possess the potential to refine the implementation of the Corridors initiative.

However, it would be inappropriate to directly apply the lessons gleaned from the VPZ to the Corridors initiative due to the different contexts in which they have evolved. Firstly, the Canadian Arctic’s maritime navigational environment presents heightened challenges, characterized by less charted waterways with extensive ice cover for the majority of the year and the remoteness of numerous small, scattered Inuit communities. These communities face significant constraints in terms of search and rescue capabilities, infrastructure, communications, and trained personnel. In the contrast, the Haida Nation has a long history of negotiations with provincial and federal governments, coupled with over two decades of collaboration and partnership-building. Second, while the Haida Nation is governed by the Haida Council, Inuit communities, while sharing cultural values and experiences, have place-based and wide-ranging diversity in knowledge, priorities, and needs. For instance, the four Inuit co-management organizations, established under the Nunavut Land Claims Agreement (NLCA, 1993), occasionally hold differing perspectives on the ways to work with federal and territorial governments and on the respectful and sustainable development of Arctic shipping corridors. Inuit do not have one voice regarding Arctic shipping governance. Consequently, there is an urgent need for supplementary consultation processes involving not only TC, CCG, CHS, and Inuit communities but also various Inuit organizations. The following discussion delves into an analysis of these parallels and disparities, extracting lessons that could improve the Corridors initiative.

Under Section 10(c) of the Canada Shipping Act, 2001, the Minister of Transport or the Minister of Fisheries and Oceans and the Canadian Coast Guard may enter into an agreement with any local authority or “other entity authorized to act on behalf of an Indigenous group” to delegate powers, duties, or functions under the Act (CSA, 2001). The Corridors initiative could and should become an opportunity for respecting Inuit interests and protecting Inuit rights, especially their decision-making rights, in Arctic waters. The governance framework of the Corridors initiative should be able to reflect Section 10(c) and enable TC to delegate certain powers to Inuit representative organizations and authorities with respect to their interests, such as pollution prevention, environmental protection, and maintaining the safety and security of life within the corridors. However, a policy or governance framework to support Inuit in exercising their decision-making rights in the shipping governance regime is not yet in place.

A model to consider could be the tripartite governance arrangement among First Nations, federal and provincial governments, as well as industry partners on the North Pacific Coast that led to the successful VPZ trial. This tripartite arrangement relies on a long-term tradition of co-governance and years of effective communication and collaboration between the three parties. For nearly four decades, the Haida Nation has been pursuing inherent rights and co-management regarding marine resources and ocean spaces (e.g. co-management of marine protected areas and closing of herring fisheries) (Akins, 2017; Jones et al., 2017; Mays, 2021; von der Porten et al., 2019). The Gwaii Haanas Agreement with the Government of Canada (1993) marked the beginning of co-management relationship and power sharing agreement between Parks Canada and the Haida Nation. The Archipelago Management Board seeks to ensure that there is a mandated 50 per cent Haida representation in the planning, operation, and management of Gwaii Haanas (Lee, 2012, 8). In 2010, the Government of Canada and the Haida Nation signed the Gwaii Haanas Marine Agreement, which defines the scope and concept of Haida Gwaii marine areas. These written agreements and policy frameworks ensure formalized working protocols and facilitate collaboration with other federal departments and jurisdictions (Zhang, 2022). VPZ represents a project in the new era of co-management between the Government of Canada and the Haida Nation under the Reconciliation Framework Agreement for Bioregional Ocean Management and Protection (RFA) and in light of Canada’s adoption of United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP, 2007) and the establishment of comprehensive ocean planning initiatives, such as the PNCIMA and the MaPP. In particular, the MaPP initiative has provided the Haida Nation with opportunities to get involved in shipping governance. For instance, in collaboration with Transport Canada and the shipping industry, the Council of the Haida Nation has developed a geographic response plan and several associated area-specific strategies regarding marine traffic (MPA Network, 2022). The VPZ is one of the outcomes of these efforts, and its success relies on long-term relationships of mutual understanding and cooperation.

There are three main factors that allow the tripartite arrangement to evolve and facilitate these initiatives, namely, a four-decade-long history of collaboration, a written agreement to recognize the rights of the Haida Nation in marine spaces, and a platform to ensure that the Haida Nation has equal decision-making power. However, involving Inuit as one voice in a tripartite framework may not align well with the political context of the Arctic. As briefly discussed above, Inuit, with their diverse communities and organizations, may have distinct perspectives and voices regarding their priorities. Establishing a tripartite governance system for Arctic shipping corridors could encounter even more intricate challenges compared to the VPZ. Nevertheless, this does not negate the possibility of establishing a collaborative governance framework to coordinate resources and capacity of Inuit organizations, federal and territorial governments, and shipping industry partners for the Corridors initiative. Inuit have also spent decades pursuing their inherent rights and have signed four comprehensive land claims agreements that incorporate principles of co-management. To develop a collaborative governance framework for the Corridors initiative, there are two aspects that need future research and study.

First, to facilitate Canada’s implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDRIP Act, 2021; Government of Canada, 2023) and Section 10(c) of the CSA 2001, additional research should examine how authority can be delegated to different Inuit organizations and how to identify the role of Inuit representative organizations and authorities in governing Arctic shipping activities within the corridors. In this sense, there is a need to clarify which Inuit organization or organizations can represent the voice of the Inuit in Arctic shipping governance. The Nunavut Marine Council (NMC), a mechanism to coordinate the four co-management boards on issues affecting marine spaces, is well positioned to become a key voice in representing Inuit and shaping shipping policy-making (NMC, 2018; Wang, 2023a). Future research may need to explore how NMC can coordinate four Inuit co-management boards, engage federal and territorial governments and industry partners, and even have decision-making power delegated.

Second, the delegation of authority within the governance framework may need to be underpinned by a written agreement. In a context where Inuit communities may still lack the resources and capacity to initiate a co-governance framework for Arctic shipping, it is therefore worth exploring whether the Corridor initiative can provide an opportunity to create a formal written document outlining the collaborative framework between government departments and Inuit for Arctic shipping governance, specifying mechanisms for Inuit involvement and support. This framework can be developed through a memorandum of understanding agreement or potentially through a set of guidelines under the terms of reference for a collaborative working group or governance framework. If so, the establishment of a written agreement or framework that considers Inuit as a government partner within the context of the OPP has the potential to engender a sense of trust-building at the institutional level. However, in this process, since Inuit Nunangat comprises four land claims regions—namely, Nunatsiavut (Northern coastal Labrador), Nunavik (Northern Quebec), the territory of Nunavut, and the Inuvialuit region of the Northwest Territories—reaching such a written agreement would inevitably entail negotiations with Inuit organizations from these four Inuit regions, making it considerably more challenging.

In summary, creating a governance framework for the Corridors initiative may be a high priority during the next phase of planning and implementation. Such a framework could fundamentally set the stage for Canada to fulfil its reconciliation commitment to Indigenous peoples and establish a foundation for co-governance between Inuit authorities and federal and territorial governments. If the governance framework can be written and signed by all parties, as is the case with the VPZ, it will have much greater legal and political implications and will be of great benefit to the future development of the Corridors initiative.

At the time of writing, the Corridors initiative was still in its planning and consultation stages. It will take time for the Corridors initiative to receive recognition from other Arctic states, intergovernmental organizations, and industry partners. To accelerate this recognition process, various essential measures can be considered. These include the initiation of pilot programmes and public awareness campaigns, demonstrating vessel operators’ efforts to comply with these voluntary policies, and enhancing engagement with stakeholders and rightsholders. Among these measures, it is crucial to implement the Corridors initiative in priority areas through the development of pilot projects that can be tested and readjusted. As planned by TC, the second phase of the Corridors initiative will focus on piloting and implementing the project (TC, 2022). Finding pilots for a project as comprehensive and large as the Corridors initiative is a key step and a challenging task in advancing its implementation. As described above, Haida Gwaii is one of the two pilot sites chosen for the PVM initiative under the OPP, and the reasons and factors behind making this selection should provide some insights for the Corridors initiative as well.

One of the triggers that allowed Haida Gwaii to be selected as a PVM pilot was the strong motivation and need of the Haida Nation to protect their waters after the M/V Simushir incident. According to lessons learned from the Simushir, federal and provincial agencies, Haida Nation, and industry stakeholders jointly discussed possible measures to prevent the occurrence of another such incident. This, combined with the fact that shipping data in this area had already been collected by Clear Seas, provided the basis for the pilot plan (Clear Seas, 2020; Robertson et al., 2020). Moreover, there are a number of ongoing projects and initiatives related to shipping governance in the region, such as the emergency towing initiatives and the Haida Gwaii Marine Awareness Project (Robertson et al., 2020). The possible linkages between several projects have, in a way, also contributed to the implementation of the VPZ trial.

Therefore, future research on the Corridors initiative could start by analysing where potential priority areas for implementation are. Based on lessons learned from the VPZ trial, areas of socio-cultural significance and interest to Inuit and areas where there are already other OPP initiatives in place (such as the CEMS initiative, the EMSA programme, and the PVM initiative) would be a place to start. Because of these existing initiatives, some Inuit communities have a little bit more capacity than other Inuit communities to support the future implementation and governance of the Corridors initiative. TC should consider pioneering pilot projects of the Corridors initiative in these communities or locations. For example, Cambridge Bay (in Nunavut) is hosting pilot projects under the PVM initiative and the CEMS initiative (Greenley, 2021), thereby having pre-existing cooperation between the government and the Inuit community. The Corridors initiative can benefit from the PVM initiative or other community-based initiatives, as they all use policies and area-based measures (i.e. identifying a protection zone and slow down measures with these zones) to govern marine traffic and share common goals and objectives in mitigating shipping risks, supporting environmental protection, enhancing safety and security, and protecting Inuit well-being (Greenley, 2021). Furthermore, through the ACNV project, Cambridge Bay community members have identified some socio-culturally significant areas, and these areas need to be avoided (Carter et al., 2018). Ultimately, initiating a pilot project in Cambridge Bay may bring opportunity for expanding the implementation of the Corridors initiative to include other Inuit communities, representing a viable approach to promote the development and governance of marine shipping within the corridors.

Knowledge co-production through the use of both scientific and Inuit knowledge has been used as a practical way to inform Arctic shipping governance and optimize the location of shipping corridors (Dawson et al., 2020). However, Inuit knowledge and stewardship practices in evidence-based and science-based decision-making processes have yet to be incorporated in Arctic shipping governance, although Inuit have used their knowledge and local experience and played a major role in emergency response to oil spills, coastal clean-ups, and search and rescue at the local/community level (ICC, 2023).

Successful experiences from the VPZ trial and the MaPP prove that there are opportunities to incorporate First Nations knowledge into interactive spatial planning tools and apply Indigenous knowledge to inform better planning and decision-making. The Haida Gwaii Marine Plan 2015 shows that Indigenous ethics, values, and visions regarding spatial zoning can be incorporated to improve marine management practices in the context of reconciliation (MaPP, 2015). The VPZ trial proves that Indigenous knowledge and values can be combined with well-established government practices to facilitate shipping governance and enhance marine safety through appropriate tools and systems. Thus, as discussed above, due to different contexts, while there is some risk in the matter of directly applying VPZ’s experience to the Corridors initiative, some insights should be drawn from the experiences of the VPZ and its area-based management approaches, especially regarding how to build capacity to empower Inuit organizations to apply Inuit knowledge and participate effectively in shipping governance through area-based management.

First, there is a need to establish robust collaboration between Inuit organizations, federal and territorial governments, and industry partners to create comprehensive training and capacity-building initiatives that specifically address the distinctive needs and challenges faced by Inuit communities. This collaboration can be facilitated through outreach programmes at the community level, ensuring active participation and awareness among individuals within Inuit communities.

Second, there is a need to develop knowledge co-production platforms and programmes that foster the sharing of Inuit knowledge and experiences. This aims to bridge the existing gap between Inuit knowledge and ongoing shipping governance initiatives. It is imperative for government departments and industry partners to provide essential training, funding opportunities, and technical resources, including advanced data visualization and management technologies, to support Inuit organizations in using these knowledge co-production platforms.

Furthermore, the development of long-term strategies for capacity-building is essential. This approach acknowledges that empowerment is an ongoing process, requiring the continual recognition of Inuit inherent rights and even a written commitment to respecting Inuit decision-making rights within the realm of Arctic shipping governance.