WINE HARBOUR — Although an effort to secure a lease for provincial Crown land continues to navigate rough seas, proponents of proposed refuge for captive whales here are optimistic the project can remain afloat.
“We are at a critical juncture,” Charles Vinick – executive director of the non-profit Whale Sanctuary Project (WSP) – told The Journal in a phone interview on Sunday morning.
That ‘critical juncture’ is rooted in the group’s continuing inability to secure the required approval from all of the adjacent landowners to where the group plans to build a floating net enclosure for belugas and orcas retired from marine theme parks. As first reported by the Canadian Press (CP) in a March 19 story, documents obtained through a freedom of information request reveal that provincial access to 81 hectares (201 acres) of land and water near Wine Harbour would not be granted without the landowners “unanimous consent.”
Vinick, who arrived in the province over the weekend from his home in Arizona, said the WSP received a letter from the Nova Scotia Department of Natural Resources (DNR) last month, reiterating that it would not finalize the Crown lease for the sanctuary waters “until upland owner consent has been provided” from all nine affected property owners.
“We have consent from six of them,” he said, noting that the WSP continues to address the concerns of the outstanding residents.
The WSP plans to net off 100 acres of the proposed 201-acre lease in Port Hilford Bay, also known as Indian Harbour. The ends of the net will be anchored on land at Rocky Point and at the tip of Barachois Island.
“It is nothing new – we have known this since the first days,” Vinick said of needing unanimous consent from the upland property owners, noting that the WSP has been working on securing the lease “behind the scenes.”
He added, “It is not about [the sanctuary] not being a good idea,” describing “technical issues” with the holdout owners, including their continuing access to the “very shallow cove” and how the WSP’s net “will be placed across the opening.”
In the 500 pages of natural resources department documents obtained by the CP, emails from landowners indicated that they are concerned about losing access to the water.
Noting that they have “always [looking for] ways to try to mitigate,” Vinick pointed to the WSP’s compromise earlier in the process in order to deal with concerns from residents on Barachois Rd. regarding a potential increase in traffic flow to a planned on-site interpretive centre at the sanctuary.
“We took it to heart,” he said, noting the WSP’s decision to construct the facility in another off-site location.
From their understanding of the process, Vinick noted, the provincial natural resources minister has the option “to exercise discretion” when it comes to issuing a Crown lease without unanimous consent. When asked about that possibility in the Canadian Press story, Minister Tory Rushton said, “That’s not a position we’re ready to be at right now.”
While declining an interview with The Journal, his department emailed comments from the provincial minister.
“We received an application for a Crown land lease and we continue to work with them [WSP] to complete required steps. The people leading the project are in the best position to give you a status update,” Rushton wrote.
He explained that he and his department understand that the project “could result in impacts to upland property owners.”
Rushton said, “That’s why we’re requiring the people leading the project to get consent from these property owners before we would consider granting a lease. While we recognize the work that has been done to date, this requirement has not yet been met.”
He added, “We are not considering exemptions at this point.”
As for Guysborough-Tracadie MLA Greg Morrow – who represents the area provincially – he said in an email that he continues to be “engaged with the various parties involved in the proposed project,” including the WSP, DNR, local landowners and municipal council.
“I will continue working in the hopes of getting to a positive outcome,” Morrow added.
Vinick explained that, “in order for us to keep investing” in the proposed $18-$20-million initiative – one funded by private donors – the WSP “needs certainty to move forward.” He noted that they have “complied with other terms and conditions” throughout the process, including completing environmental work by the end of last year. More approvals from the federal fisheries department and Transport Canada are pending.
“We need a clear path forward,” Vinick added, when it comes to securing the provincial Crown lease, adding that the WSP is on the eve of beginning construction of water, sewer and power infrastructure.
With no public money, private contributions – mostly U.S.-based, while some have come from as far away as the United Kingdom – continue to finance the proposed multi-million dollar project.
As he did in the CP story, Vinick addressed emails from unnamed writers in the natural resources documents that allege fraud – without supporting evidence – on the part of him and WSP President Lori Marino.
“There is absolutely no truth to anything like that,” he stressed.
Vinick explained that the monies paid to WSP employees and consultants are “by no means high,” adding that the WSP board of directors approves such financial decisions.
He described the accusations as “scandalous, inappropriate and inaccurate.”
Those same documents, Vinick pointed out, show “wide support” from the community, noting how the WSP’s effort to engage people through events and meetings has helped create strong relationships. He added that a high level of backing includes Nova Scotia’s Mi’kmaw First Nations.
Describing it as “terrific” and the “most effective site,” the WSP executive director told The Journal that nothing has changed since the organization selected Port Hilford as the desired location for North America’s first whale sanctuary more than five years ago.
“Residents were correct,” Vinick said, noting that they came to that conclusion early on as they started their environmental work in the area. It bested locations along both coasts, in locales such as B.C. and Washington State.
When the WSP announced its plan in early 2020, proponents targeted an opening date sometime in 2022. Like many projects, the COVID-19 global pandemic stalled the initiative, with the non-profit pushing the launch date to 2024 or 2025. Considering the critical Crown lease has not been secured, Vinick told The Journal the project would not welcome its first whales until the summer of 2026.
Noting the ownership uncertainty at Marineland Canada, which could affect the future of its 31 resident beluga whales, Vinick indicated – if needed – the WSP would do everything that it can to provide homes for them.
“We need to be ready to respond,” he said, stressing the importance of putting the focus on helping the whales.
With that in mind, the WSP – although their project is unfinished – decided to make a pitch to provide a new home for Wikie and Keijo, a pair of orcas that live at Marineland Antibes in France. They have to be moved because the French government passed a law late last year that prohibits displaying and keeping whales and dolphins captive in the country. All cetaceans must be relocated from France no later than Dec. 1, 2026.
In rejecting their pitch, French officials cited the timeframe for finding the pair a new home – noting the WSP was not ready to welcome whales, the risk of the orcas not being able to adjust and the colder water temperature.
Vinick reiterated the need to have their project completed sooner rather than later, so the WSP can be an option for whales in need. He added it is “critically important” because they have the potential to be a “saviour” to these whales.
Although the absence of the provincial Crown land lease looms large, that does mean the WSP is in a holding pattern. When he spoke to The Journal, Vinick was visiting the province, something that he estimated happens every six weeks or so.
“I come back and forth all the time,” he noted.
While Vinick is here, he usually meets with government agencies, architects, WSP staff and members of its community liaison committee.
“We have quite a bit of work and planning to do,” he said.
