Reflecting ecological criteria in laws supporting the Baja to Bering Sea marine protected areas network case study

Canadian and US marine conservation law, and other related law, was analyzed to determine if it reflected ecological criteria needed to implement connectivity among marine protected areas of the northeast Pacific in the proposed trilateral Baja to Bering Sea (B2B) initiative. The analysis included both nations’ federal laws and those of California, Oregon, Washington, Alaska, and British Columbia. While legal provisions exist already to implement marine protected areas for varying reasons, there is little capacity in most laws to create connectivity among them for conservation purposes. Only California's legislation contained explicit provisions for all the criteria. Other federal, state, and provincial laws, while containing provisions for species at risk and vulnerable habitats, generally lacked explicit provisions for the vital criteria, size of area, migratory patterns, and recruitment patterns. Implementation, future management, and protection of the proposed B2B marine network would be facilitated by amendment of both Canadian and US laws. Some of the ecological criteria are already implied implicitly or vaguely, but they need to be made explicit in the amended law. The legislative model of California could serve as a template for amending the laws of other jurisdictions in the B2B venture.