Language selection

Search

Policy intent for Nunavut Fishery Regulations

1. Definitions and key terms

1.1 Definitions

Agreements
means the Nunavut Agreement, the Nunavik Inuit Land Claims Agreement, and the Eeyou Marine Region Land Claims Agreement.
Agreement Areas
refers to the Nunavut Settlement Area, Nunavik Marine Region, Eeyou Marine Region, and Outer Land Fast Ice Zone – places where there are distinct harvesting rights and where Boards are the main instruments of wildlife management. Although there are also unique harvesting rights in the marine area east of Manitoba (article 42 of the Nunavut Agreement), no Board has jurisdiction in those areas.
Boards
means wildlife management boards consisting of the Nunavut Wildlife Management Board, the Nunavik Marine Region Wildlife Board, and the Eeyou Marine Region Wildlife Board.
Bulk Sales
means the selling of fish other than cetaceans or walrus by Inuit to a (i) fish processing plant; (ii) buyer that will resell the fish (such as a restaurant or store), or (iii) buyer that will use the fish in a for-profit business (such as a work camp) or a not-for-profit entity(such as hospital or educational institution). Bulk Sales do not include (i) sales to Indigenous Wildlife Management Organizations for the purpose of distribution free of charge to Inuit or (ii) sales to supply the Nunavik Inuit Hunter Support Program under section 29 of the James Bay and Northern Québec Agreement.
Cree or Crees
means an individual or individuals enrolled or eligible to be enrolled as a Cree beneficiary or Cree beneficiaries pursuant to paragraphs 3.2.1, 3.2.2, and 3.2.3 of Section 3 of the James Bay and Northern Québec Agreement.  
Cree Nation Government
means the legal person established in the public interest pursuant to section 11 of the James Bay and Northern Québec Agreement and the Act respecting the Cree Nation Government, CQLR, c. G-1.031.
Eeyou Marine Region Land Claims Agreement
means the Agreement Between the Crees of Eeyou Istchee and Her Majesty the Queen in Right of Canada Concerning the Eeyou Marine Region, given effect by the Eeyou Marine Region Land Claims Agreement Act, SC 2011, c. 20.
Final Decision
means the outcome of Boards-Minister decision-making processes as described in the respective Agreements.
Grand Council of the Crees (Eeyou Istchee)
means the Corporation representing the Crees of the Eeyou Istchee and signatory to the James Bay and Northern Québec Agreement or any successor thereto.
Grand Council of the Crees (Eeyou Istchee) Designated Organization
means the Grand Council of the Crees (Eeyou Istchee) or an organization designated by the Grand Council of the Crees (Eeyou Istchee) pursuant to Chapter 28 of the Eeyou Marine Region Land Claims Agreement.
Inuit
means Inuit as defined in section 1.1.1 of the Nunavut Agreement and section 1.1 of the Nunavik Inuit Land Claims Agreement and section 3.2.4 of the James Bay and Northern Quebec Agreement.  
Indigenous Wildlife Management Organization
means any of the following entities: Hunters and Trappers Organizations and Regional Wildlife Organizations under the Nunavut Agreement, Anguvigaq (Regional Nunavimmi Umajulivijiit Katujiqatigininga) and Anguvigait (Local Nunavimmi Umajulivijiit Katujiqatigininga) under the Nunavik Inuit Land Claims Agreement.
Inuk
means a single member of the group of persons defined as Inuit.
Makivik Corporation or Makivvik
means the Nunavik Inuit land claim organization constituted as a corporation duly incorporated by virtue of the James Bay and Northern Québec Agreement under the “Act respecting the Makivik Corporation, CQLR, c. S-18.1, and acting as the Makivik Designated Organization, or MDO, under the Nunavik Inuit Land Claims Agreement.
Minister
means the Minister of Fisheries, Oceans and the Canadian Coast Guard.
Non-Quota Limitation
means a limitation of any kind, except a Total Allowable Harvest or Total Allowable Take, and may include a limitation on season of harvest, sex of wildlife, size of wildlife, age of wildlife, or method of harvest.
Northern Resident
means residents of Nunavut, northern Manitoba, northern Ontario, and northern Québec.
Nunavik Inuit Land Claims Agreement
means the Agreement Between Nunavik Inuit and Her Majesty the Queen in Right of Canada Concerning Nunavik Inuit Land Claims, given effect by the Nunavik Inuit Land Claims Agreement Act, S.C. 2008, c. 2.
Nunavut Agreement or Nunavut Land Claims Agreement
means the land claims agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in Right of Canada, given effect by the Nunavut Land Claims Agreement Act, S.C. 1993, c. 29.
Nunavut Settlement Area
means the area described in Section 3.1.1 of the Nunavut Agreement.
Nunavut Tunngavik Incorporated
means the Tunngavik, as defined in section 1.1.1 of the Nunavut Agreement.
Outer Land Fast Ice Zone
means the geographic area described in section 16.1.1 of the Nunavut Agreement.
Personal Use
means fishing for food for oneself, family,  dogs, bait, etc.
Recreational Fishing
means fishing for the purpose of pleasure or sport (called sport fishing in the Northwest Territories Fishery Regulations).
Total Allowable Harvest
for a stock or population means an amount of wildlife able to be lawfully harvested as established by the Nunavut Wildlife Management Board pursuant to Sections 5.6.16 to 5.6.18 of the Nunavut Agreement.
Total Allowable Take
for a species, stock or population means an amount of wildlife able to be lawfully harvested as established by (i) the Nunavik Marine Region Wildlife Board pursuant to sections 5.2.10 and 5.2.11 of the Nunavik Inuit Land Claims Agreement or (ii) the Eeyou Marine Region Wildlife Board pursuant to section 13.5 of the Eeyou Marine Region Land Claims Agreement.
Variation Order
means a regulatory tool, authorized under Section 6 of the Fishery (General) Regulations, whereby the Regional Director General of the Department of Fisheries and Oceans can vary certain fisheries management parameters, and can only vary those parameters when they are already established in regulation.

1.2 Key terms

While these terms do not require formal definitions in this Paper, they appear frequently and so are explained here for clarity.

Fish in this context means finfish and marine and freshwater invertebrates. While the definition of fish under the Fisheries Act also includes marine mammals, they are not included in the definition for this Paper to improve clarity.

Wildlife means all terrestrial, aquatic, avian, and amphibian flora and fauna ferae naturae, and all parts and products thereof as per the Agreements.

2. Introduction and context

2.1 Objectives of the regulation

The Nunavut Agreement came into effect in 1993 and the Territory of Nunavut was established in 1999. The Nunavik Inuit Land Claims Agreement came into effect in 2008. The Eeyou Marine Region Land Claims Agreement came into effect in 2012. The Nunavut Agreement, Nunavik Inuit Land Claims Agreement, and Eeyou Marine Regional Land Claims Agreement establish unique, constitutionally protected, Inuit and Cree harvesting rights, including for fish and marine mammals. The Agreements also establish wildlife management systems governed by unique decision-making processes, with defined roles for the Minister of Fisheries and Oceans (Minister), wildlife co-management boards (Boards), regional and local Indigenous Wildlife Management Organizations and Cree Trappers Associations, as well as Makivvik and Nunavut Tunngavik Incorporated. However, fisheries are still managed under old regulations that are not entirely in line with the Agreements and that do not fully support its implementation. The proposed Nunavut Fishery Regulations would fully respect Inuit and Cree harvesting rights and the wildlife management systems established in the Agreements, as well as advance the co-management of sustainable fisheries and the conservation and protection of fish. The Nunavut Fishery Regulations are also proposed to go beyond implementing the Nunavut Agreement and Nunavik Inuit Land Claims Agreement to enhance Indigenous-led fisheries management, contingent on the signatories to these Agreements agreeing to necessary treaty amendments. The proposed regulations would be designed to minimize disruption to existing fisheries, while also supporting the development of new and emerging fisheries.

2.2 History

On July 9, 2018, Fisheries and Oceans Canada, Nunavut Tunngavik Incorporated, the Nunavut Wildlife Management Board, and the Government of Nunavut released a joint statement renewing  commitment to co-develop new fisheries regulations for the Nunavut Settlement Area. They re-established the Nunavut Fishery Regulations working group that had been previously formed in 2000 to co-develop the proposed policy to inform the new regulations. Makivvik joined the working group as there are overlapping Nunavik and Nunavut Inuit jurisdictions in the waters of Hudson Bay and Hudson Strait, i.e., the Areas of Equal Use and Occupancy defined in the Nunavut Agreement and Nunavik Inuit Land Claims Agreement. In the fall of 2024, the Cree Nation Government joined the working group once it was proposed that the area of application would include the Eeyou Marine Region.

The Nunavut Fishery Regulations working group now includes Fisheries and Oceans Canada, Nunavut Tunngavik Inc., Makivvik, the Government of Nunavut, and the Cree Nation Government, with the Nunavut Wildlife Management Board and the Nunavik Marine Region Wildlife Board staff participating as observers. 

2.3 Purpose of the Policy Intentions Paper

This Policy Intentions Paper summarizes the policy proposed by the Nunavut Fishery Regulations working group. Its contents were co-developed by the Nunavut Fishery Regulations working group, and it is intended to inform and support public consultation and elicit feedback to consider in finalizing the policy direction for the new regulations. The policies proposed are informed by the Agreements, the Fisheries Act and associated regulations, and in consideration of the Government of Canada and its partners’ fisheries management and conservation objectives. This initiative is consistent with the Government of Canada’s commitment to reconciliation with Indigenous peoples, the United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan, and the Inuit Nunangat Policy.

2.3.1 Special note regarding the Eeyou Marine Region Land Claims Agreement

Given the Cree Nation Government recently joined the co-development process, this Paper and the pursuant consultations will also provide an opportunity for Cree stakeholders to consider the applicability of the new measures proposed in the Nunavut Fishery Regulations, such as communal fish plans, to the Eeyou Marine Region.

3. Proposed application

The Nunavut Fishery Regulations would generally apply in the following areas, as shown in Appendix A of this paper, Figures 1 to 4 (maps of the areas of application are shared for illustrative purposes only, and any interpretation of the boundary should refer to the Agreements): 

Not all elements of the Nunavut Fishery Regulations would apply across the full proposed area of application. Additionally, the Nunavut Fishery Regulations would not apply to anadromous fish spawning in Québec, as those are excluded from the scope of the fisheries management provisions of the Nunavik Inuit Land Claims Agreement and the Eeyou Marine Region Land Claims Agreement and are managed under the Quebec Fishery Regulations.

4. Key elements of the new regulations

Fisheries within the proposed area of application are currently managed through a combination of the Fisheries Act and its associated regulations, conditions of licence, and, in the Agreement Areas, Final Decisions. The proposed Nunavut Fishery Regulations would replace two regulations within the area of application: the Northwest Territories Fishery Regulations and the Atlantic Fishery Regulations, except that the Atlantic Fishery Regulations would continue to apply to certain matters in the Outer Land Fast Ice Zone up until the Nunavut Settlement Area (see section 3 of this Paper titled “Proposed Application”).

A primary objective of the Nunavut Fishery Regulations is to respect and further implement the provisions of the Agreements that apply to fisheries management. This includes existing or future agreements for Indigenous peoples recognizing harvesting rights within the proposed area of application, including any right to harvest fish without a licence. In particular, the Nunavut Fishery Regulations must align fully with Indigenous harvesting rights and the wildlife management regimes established in the Agreements.

4.1 Current approach to co-management of fisheries in the agreement areas

The Fisheries Act and associated regulations are used to implement management measures that are intended to ensure sustainable fisheries and protect fish habitat effectively. Licences issued under the Fisheries Act and its regulations are important tools to allocate fisheries access between uses, individuals, or user groups. Licences, combined with appropriate reporting and monitoring, also help establish that a fishery is sustainably managed, which may be required to maintain market access, and/or under international agreements, obligations, or certification schemes.

The Agreements recognize harvesting rights for Inuit and Cree, including the right to harvest fish and marine mammals without a licence, subject to certain exceptions. The Agreements also include, to different extents, the right to sell lawfully harvested fish and marine mammals, without a licence. Therefore, licences are not an available tool for managing harvesting by Inuit and Cree except in limited situations where licence requirements can lawfully apply.

The Agreements also set out a system of harvesting rights and responsibilities for co-management partners. They establish Boards as the main instrument of wildlife management in the Agreement Areas and the main regulators of access to wildlife, having the primary responsibility in relation thereto in the manner described in the Agreements. As such, the Boards are responsible for performing various wildlife management functions, including the establishment of Non-Quota Limitations (e.g., limitations on gear type, harvest seasons, size, and age of harvested wildlife) as well as Total Allowable Harvests in the context of the Nunavut Agreement and Total Allowable Takes in the context of the Nunavik Inuit Land Claims Agreement and Eeyou Marine Region Land Claims Agreement, when required for conservation purposes. These restrictions apply to all harvesters. The Boards decide on these measures and provide these decisions to the Minister, who may accept, reject, or vary those final decisions, after the applicable processes and with reasons. 

The Agreements constrain the authority of the Boards and Minister to limit Inuit and Cree harvesting. For example, Total Allowable Harvests, Total Allowable Takes, and Non-Quota Limitations may not restrict Inuit and Cree harvesting more than necessary to achieve one of the specified, lawful objectives listed in the Agreements (e.g. valid conservation purpose). Thus, in considering proposed new or revised management measures, the Boards must receive and review evidence on those specific matters, often in public hearings. Once accepted by the Minister, these decisions may be reflected as conditions in fishing licences, when licences can lawfully be used as management tools. 

Additionally, the Agreements recognize the right and need for an effective role for Inuit and Cree in all aspects of wildlife management and recognize powers and functions to Indigenous Wildlife Management Organizations and Cree Trappers Associations. For example, the Indigenous Wildlife Management Organizations have a general role to manage their members’ harvesting, to regulate harvesting practices and techniques among members, including the use of Non-Quota Limitations, and to allocate and enforce the Basic Needs Level or Adjusted Basic Needs LevelFootnote 1 determined by the Boards following the establishment of a Total Allowable Harvest/Total Allowable Take.

4.2 Advancing co-management of fisheries

4.2.1 Objective

The Nunavut Fishery Regulations would facilitate the implementation of the harvesting rights and fisheries co-management systems established in the Agreements by relying on existing regulatory tools such as Variation Orders and by establishing three new regulatory tools for use by Indigenous Wildlife Management Organizations and the Minister in their respective roles in fisheries co-management. These new tools are the Northern Agreements Decision Implementation Order, the Communal Fish Plan, and the Communal Fish Plan Enforcement Order.

4.2.2 Variation orders

Variation Orders would remain an available fisheries management tool, but one of limited application. Variation Orders can only vary certain parameters and only when those parameters are already established in regulation. Where a regulation establishes a close time, fishing quota, or fishing gear, those elements/parameters can be varied under the Variation Order power.  Within the Nunavut Settlement Area, Outer Land Fast Ice Zone, Nunavik Marine Region, and Eeyou Marine Region, Variation Orders can also only vary these parameters to the extent authorized by a Final Decision.

The wide-ranging decisions resulting from the Final Decision regularly go beyond the scope of a Variation Order, making the Northern Agreements Decision Implementation Order a valuable new tool.

4.2.3 The Northern Agreements Decision Implementation Order

In situations where Inuit and Cree have the right to harvest fish and marine mammals without a licence, there currently is no legal pathway to implement the Final Decisions that regulate harvesters. It is proposed that harvesting restrictions resulting from Final Decisions would generally be implemented via a new order-making tool called the Northern Agreements Decision Implementation Order. The Board-Minister decision-making process identified in the Agreements would remain unchanged and the Boards would remain the main instrument of wildlife management.

By providing a means to implement Final Decisions, the Northern Agreements Decision Implementation Order would assist in the proper control and management of fisheries. This Order would be used to implement decisions that stem from each Agreement’s wildlife management process, whether from the standard Board-Minister decision-making process, which the Minister is responsible to implement, or from the Minister’s power under the Agreements to make interim decisions to immediately modify harvesting activities due to urgent and unusual circumstancesFootnote 2. The Northern Agreements Decision Implementation Order would not expand the Minister’s current authority under the Agreements and would only be issued in situations where the Agreements require or authorize the Minister taking regulatory actions.

Specifically, the Minister would use the Northern Agreements Decision Implementation Order to implement:

The Northern Agreements Decision Implementation Order will confirm who is required to comply (which could include all harvesters in an area or could be more specific), therefore making it enforceable by fishery officers under the Fisheries Act. The Order would remain in place in accordance with the terms of the Final Decision, or until changed through a new Final Decision. If a Northern Agreements Decision Implementation Order needs to be amended or revoked, this would happen through the Board-Minister decision-making process. Each Order would be publicized appropriately.  

4.2.4 Strengthening Indigenous-led fisheries management through communal fish plans

The second new fisheries management tool proposed through the Nunavut Fishery Regulations is Communal Fish Plans, which would be developed by Indigenous Wildlife Management Organizations for the management of Inuit fishing. Communal Fish Plans would be a customizable tool that would be available to support and enhance the existing powers and functions of Indigenous Wildlife Management Organizations. Moreover, Indigenous Wildlife Management Organizations could request that Fisheries and Oceans Canada make aspects of a Communal Fish Plan enforceable under the Fisheries Act. There would be situations where a Communal Fish Plan would be mandatory and otherwise, adoption of Communal Fish Plans would be at an Indigenous Wildlife Management Organization’s discretion.

Communal Fish Plans would be developed by Indigenous Wildlife Management Organizations to manage Inuit harvesting of fish and marine mammals within their own Agreement Area. Communal Fish Plans would be mandatory for fish stocks or populations that Inuit harvest without a licence for “Bulk Sales” (hereafter referred to as Bulk Sales Communal Fish Plans), such as sales to fish plants, work camps, or restaurants (but not to individual consumers). Bulk Sales Communal Fish Plans would set catch limits on harvesting fish for sale. Communal Fish Plans would otherwise be an optional tool (e.g. to proactively address potential conservation concerns before they warrant Board-Minister intervention).

Bulk Sales Communal Fish Plans would need to include certain information, such as:

Indigenous Wildlife Management Organizations may include further information in a Communal Fish Plan, including additional management measures to restrict harvesting, as they deem necessary. There would be reduced content requirements for optional Communal Fish Plans.

Communal Fish Plans would not prevent the Boards from adopting Total Allowable Harvests/Total Allowable Takes and Basic Needs Levels/Adjusted Basic Needs Levels and Non-Quota Limitations and Communal Fish Plans will need to be consistent with any such applicable harvesting restrictions.

Enforcement of Communal Fish Plans would generally be the responsibility of the Indigenous Wildlife Management Organizations. However, Indigenous Wildlife Management Organizations could request that Fisheries and Oceans Canada make a proposed Communal Fish Plan (or certain components of it) enforceable under the Fisheries Act. Fisheries and Oceans Canada would have discretion on whether to agree to these requests. In cases where Fisheries and Oceans Canada agrees to make aspects of a Communal Fish Plan enforceable under the Fisheries Act, it would enable this by issuing a third new tool called the Communal Fish Plan Enforcement Order. The Communal Fish Plan Enforcement Order would only be issued in situations where the Minister has been requested by an Indigenous Wildlife Management Organization to make certain aspects of the Communal Fish Plan enforceable under the Fisheries Act, and where the Minister has agreed to do so. The Communal Fish Plan Enforcement Order would be in place for the period that the Communal Fish Plan is valid or until the Indigenous Wildlife Management Organization requests a change. The Communal Fish Plan Enforcement Order would be publicized appropriately.

There are four advantages to a Communal Fish Plan: 

4.2.4.1 Bulk sales communal fish plans

The development of a Communal Fish Plan would be mandatory for fish stocks or populations that Inuit may harvest without a licence and that they are harvesting in part or wholly for the purpose of Bulk Sales, taking the place of licences to manage those fisheries.

When harvesting fish intended for both domestic and international markets, the product may require government attestation of compliance with certification and/or international accords and the Bulk Sales Communal Fish Plan would support this attestation.

Communal Fish Plans would need to be in place upon enactment of the Nunavut Fishery Regulations for stocks and populations that Inuit currently harvest without a licence for Bulk Sales. Requirements for certification or attestation that used to be implemented via licences could be implemented by Communal Fish Plans (see section 4.2.3.3 titled “Communal Fish Plan Development”). Through this process, Fisheries and Oceans Canada would review the Communal Fish Plan and provide input as to the management measures needed to achieve catch certification and/or government attestation, depending on the fishery, the market contemplated, and the corresponding attestation and/or certification standards.

4.2.4.2 Optional communal fish plans

In the absence of fishing for Bulk Sales, Communal Fish Plans would be an optional tool. Indigenous Wildlife Management Organizations could use them to adopt additional harvest management measures beyond those established by the Board that they consider necessary or desirable. Where there is a Total Allowable Harvest/Total Allowable Take in place, Indigenous Wildlife Management Organizations could use Communal Fish Plans to allocate the Basic Needs Level amongst members. Indigenous Wildlife Management Organizations could also adopt Communal Fish Plans in the absence of any Board management measures, including potentially to address an emerging concern before it becomes serious enough to trigger the need for a Total Allowable Harvest/Total Allowable Take and/or Non-Quota Limitations. Indigenous Wildlife Management Organizations would retain full discretion to proceed through adoption of by-laws only.

4.2.4.3 Communal fish plan development

A Communal Fish Plan would be drafted by the relevant regional or local Indigenous Wildlife Management Organization(s). A Communal Fish Plan for a species, stock or population, or specific to an area that is regularly harvested by members of more than one local Indigenous Wildlife Management Organization could be co-developed by all concerned local Indigenous Wildlife Management Organizations or through  shared regional Indigenous Wildlife Management Organization. Discussions with other local and regional Indigenous Wildlife Management Organizations might be required to decide the appropriate geographical scope of the Communal Fish Plan and which Indigenous Wildlife Management Organization(s) would develop it. An Indigenous Wildlife Management Organization could develop its Communal Fish Plan in collaboration with key partners and stakeholders.

The Indigenous Wildlife Management Organizations would also consult rights-holders in developing the draft Communal Fish Plan. Once the Communal Fish Plan is finalized, the Indigenous Wildlife Management Organizations would share the Communal Fish Plan with implicated and interested communities and co-management partners. It is intended that Communal Fish Plans would be publicly shared by various means deemed appropriate by the Indigenous Wildlife Management Organization(s) that prepare them to ensure that implicated and interested harvesters and co-management partners can always access them.

4.2.5 Information/data sharing to support conservation objectives

Fisheries and Oceans Canada relies on monitoring and reporting to understand harvesting pressure and inform management decisions that prevent fish and marine mammal stocks from being overharvested. This ensures resource sustainability for current and future harvesters. Accordingly, information obtained from catch monitoring and reporting is necessary to inform all parties involved in fisheries management. To succeed, co-management must be backed by high-quality fisheries information as well as equal partnerships on data collection and sharing, both of which help build greater confidence and mutual trust among harvesters and decision-makers.

Catch monitoring and reporting should reflect a fishery’s unique characteristics, its monitoring and reporting objectives, its complexity, the conservation risks, and the required quality of the information. Consequently, catch monitoring and reporting may vary by fishery and should gather the information necessary to inform sustainable fisheries management decision-making without unduly burdening harvesters.

Communal Fish Plans would only require mandatory catch monitoring and reporting for fish destined for Bulk Sales. For more information on the monitoring and reporting requirements envisioned for the Nunavut Fishery Regulations fisheries management regime, see the “Monitoring and Reporting” section of this Paper.

4.3 Fisheries management measures proposed to include in the regulation

4.3.1 General approach to transitioning to Nunavut Fishery Regulations

The Nunavut Fishery Regulations would consolidate and house relevant existing fisheries management rules from the Northwest Territories Fishery Regulations and Atlantic Fishery Regulations. This consolidation is necessary to ensure consistent regulations across the area of application. The Nunavut Fishery Regulations would also incorporate any rules that have been established by Final Decisions. This is useful because many of the fisheries management rules would then be in one place to inform harvesters and enforcement officials. The proposal to do this through the Nunavut Fishery Regulations is described below.

Consolidating the fisheries management rules into the Nunavut Fishery Regulations requires taking one of these approaches for each harvesting rule in the Northwest Territories Fishery Regulations and Atlantic Fishery Regulations:

Any harvest quotas/catch limits and Non-Quota Limitations on harvesting (e.g. season, mesh size) established prior to the Agreements coming into force are deemed valid by the Agreements. Those rules remain in place until the relevant Board and the Minister approve  modification or removal. Therefore, for those “deemed” fisheries management rules, the relevant Board(s) and Minister would need to review and approve the proposed modification or omission from the Nunavut Fishery Regulations.

The proposed approach would retain and help implement many of the fisheries management rules. The Nunavut Fishery Regulations would directly incorporate text in the regulations for fisheries management rules, including Total Allowable Harvests/Total Allowable Takes and Non-Quota Limitations established by Final Decisions, that are not anticipated to change frequently and that can be varied using a Variation Order. Within the Agreement Areas, modifications of limitations that are either “deemed” or have since been established through a Final Decision would require a new Final Decision to then be varied. Where fisheries management rules established through a Final Decision are expected to change frequently (e.g., yearly or every few years) and cannot be varied, they would be implemented under the Nunavut Fishery Regulations through a Northern Agreements Decision Implementation Order (see “Northern Agreements Decision Implementation Order” section of this Paper).

4.3.2 Fishing for recreational purposes

Generally, the Nunavut Fishery Regulations would retain the restrictions around recreational fishing that currently apply in the Northwest Territories Fishery Regulations. This would include the existing catch and possession limits for species listed in the Northwest Territories Fishery Regulations and restrictions on the use of live bait, the number of rods, lines, and hooks used when angling, use of dip-nets, spear fishing, and how fish can be stored, transported, and used after capture. The Nunavut Fishery Regulations would also maintain prohibitions against using certain kinds of gear or methods (e.g., snagging).

The Nunavut Fishery Regulations would expand the list of species that may be harvested recreationally beyond what is listed in the Northwest Territories Fishery Regulations to also include cod and shellfish, with the Atlantic Fishery Regulations serving as a starting point for informing catch limits, gear restrictions, size restrictions, fishing locations, and season closures for these species.

4.3.3 Fishing for sale

The Nunavut Fishery Regulations would include provisions necessary to maintain continuity with the existing management of certain commercial fisheries within the area of application, while also ensuring that fisheries managed under the Nunavut Fishery Regulations regime are sustainable. This would include specifying what authorizations, if any, are required to harvest fish, when vessel registration is required, conditions on registration and associated fees, restrict how close mobile and fixed gear can be used to other gear, and time limits on deployment of gear. The Nunavut Fishery Regulations would also include restrictions around when fishing can occur, as well as gear, methods and vessel sizes that can be used based on the targeted species.

Where the Northwest Territories Fishery Regulations currently apply, section 17 of those regulations prohibits commercial fishing except for species and waterbodies listed in Schedule V of that regulation (hereafter referred to as “commercial waterbodies”). Schedule V also specifies annual total allowable catch limits for species that may be commercially fished, that only gill nets of specified minimum mesh sizes can be used, and it specifies periods when the fishing season is closed.

It is proposed that the Nunavut Fishery Regulations would not maintain this approach seen in Section 17 of the Northwest Territories Fishery Regulations because the complex and time-consuming process for amending fishery regulations has been a barrier to expanding commercial fisheries in Nunavut. At the same time, total allowable catch limits and Non-Quota Limitations listed in Schedule V of the Northwest Territories Fishery Regulations offer a useful baseline for managing commercial fishing for Nunavut waterbodies. The new proposed approach for Schedule V fisheries has been developed with those considerations in mind and is laid out below.

First, the Nunavut Fishery Regulations would retain the existing Non-Quota Limitations for gill-net mesh size for species and Nunavut waterbodies listed in Schedule V. In addition, a newer Non-Quota Limitation established through a Final Decision that specifies that only 139 mm (5 ½") gill-net mesh size may be used when commercially fishing for sea-run Arctic char for all waterbodies in the Nunavut Settlement Area and this Non-Quota Limitation would also be included in the regulation.

Second, the intent is to not retain the year-round (April 1-March 31) season closures currently listed for commercial waterbodies within the proposed Nunavut Fishery Regulations area of application. Instead, to better align with the Nunavut Agreement, all waterbodies would be listed with open seasons of January 1-December 31, allowing them to be closed by Variation Orders as required, when consistent with the Agreement to do so.

Third, the intent is to remove the Schedule V catch limits from regulation but retain them as reference levels in policy to inform commercial licencing decisions in Nunavut waters. Fisheries and Oceans Canada would consider these reference levels when making decisions regarding applications for commercial fishing licences involving Schedule V waterbodies. When there is a request for a licence to commercially harvest fish species within waterbodies not listed in the policy described above, Fisheries and Oceans Canada would use the national New Emerging Fisheries Policy to inform those licensing decisions. The policy would be implemented in a manner consistent with the rights and responsibilities outlined in the Agreements. To that end, Fisheries and Oceans Canada would consult with local Indigenous Wildlife Management Organization(s) regarding the licencing of any proposed commercial fishery in order to understand their current and projected harvest levels for the species and waterbody at issue.

In the case of Inuit fishing for the purpose of Bulk Sales, a Communal Fish Plan would need to be developedahead of the Nunavut Fishery Regulations coming into force to prevent disruption to these fisheries and/or potential loss of market access. For a description of the Communal Fish Plan and associated processes, see section 4.1.4 of this Paper titled “Strengthening Indigenous-Led Fisheries Management Through Communal Fish Plans”. Communal Fish Plans would need to be consistent with harvesting restrictions stemming from the Board(s)-Minister decision-making process.

4.4 The licencing regime

4.4.1 Objective

The Nunavut Fishery Regulations would include provisions consistent with the Agreements that would establish when licences are and are not required for harvesting fish and marine mammals, and the available types of licences. The intent is to ensure existing and new fisheries are carried out in a sustainable way that enables commerce while minimizing administrative burden and disruption to harvesters.

Licencing is the primary instrument used by Fisheries and Oceans Canada to manage fishing, enabled by all fisheries regulations across Canada, including to specify rules or conditions for fishing that are required to sustainably manage the fishery. Fisheries and Oceans Canada’s authority to issue licence conditions is already provided for in the Fishery (General) Regulations and Aboriginal Communal Fishing Licence Regulations and need not be repeated in the Nunavut Fishery Regulations. Section 22 of the Fishery (General) Regulations and section 5 of the Aboriginal Communal Fishing Licence Regulations also specify the matters that licence conditions may address.

The Nunavut Fishery Regulations would include a general prohibition against fishing unless the person is authorized pursuant to the Nunavut Fishery Regulations or other Fisheries Act regulations. The regulation would also include an exemption from the prohibition for persons with the right to harvest without a licence in a given context. Fees associated with licences would be reasonable, support cost-recovery, would be determined in accordance with the Service Fees Act and be consistent with applicable provisions of the Agreements.

Where licences are required to fish, they may be issued for fishing for sale (commercial), recreational, or Personal Use.

4.4.2 Fishing for sale

The Nunavut Fishery Regulations would enable issuance of licences for fishing finfish or invertebrates for the purpose of sale or barter.

Aboriginal communal fishing licences would remain available under section 4 of the Aboriginal Communal Fishing Licence Regulations to authorize fishing by persons designated under licences issued to Indigenous organizations, including for the purpose of sale.

Section 52 of the Fishery (General) Regulations would continue to provide the authority to issue licences to determine the feasibility of emerging or experimental fisheries (as required).

The rules applicable to fishing for sale authorized by a licence may be established both through licence and regulation. The rules to be included in the Nunavut Fishery Regulations are described in the “Fisheries Management Measures Proposed to Include in the Regulation”section of this Paper.

The Nunavut Fishery Regulations would establish that persons who are licenced under the Atlantic Fishery Regulations are also authorized to harvest within the geographic area of application of the Nunavut Fishery Regulations to the extent of that authorization.

4.4.3 Fishing for recreational purposes

As is currently authorized under the Northwest Territory Fishery Regulations, the Nunavut Fishery Regulations would authorize Canadian citizens and permanent residents who are under the age of 16 or older than 64 to harvest fish for recreational purposes without a licence. A person other than a Canadian resident who is under the age of 16 would be allowed to harvest fish without a licence for recreational purposes if accompanied by someone holding a valid recreational fishing licence.

The regulation would set the rules for recreational fishing, such as allowed species, catch or possession limits, gear/method restrictions, and seasonal restrictions. This is the existing management approach for recreational fisheries in Canada and there is no need to change it in the Nunavut Fishery Regulations. The rules applicable to such fishing are described in the “Fisheries Management Measures Proposed to Include in the Regulation” section of this Paper.

The Nunavut Fishery Regulations would authorize Fisheries and Oceans Canada to issue recreational fishing licences. The Nunavut Fishery Regulations would provide different recreational licence options, depending on residency. An annual licence would be available to Northern Residents, other Canadian residents, and non-residents. All Canadian residents and non-residents would also have the option of a three-day licence. The different durations for non-residents are intended to facilitate recreational fishing for both short-term visits (three-day licence) and longer stays or those with temporary or seasonal residence (annual licences).

4.4.4 Harvesting fish for personal use

The Nunavut Fishery Regulations would provide the authority to issue a licence for the purposes of harvesting fish for Personal Use. This licence could be issued to a person who (i) is a Northern Resident, (ii) needs fish for food for themselves or their family, or (iii) needs fish for food for their dogs. This licence option is intended to improve food security in the north and is currently available through the Northwest Territories Fishery Regulations as a “domestic fishing licence”.

Rules around fishing for Personal Use would be established through the licence.

4.4.5 Fishing for scientific, education, aquatic invasive species control, or public display

Section 52 of the Fishery (General) Regulations would continue to provide the authority to issue licences to harvest fish for scientific, education, aquatic invasive species control, or public display purposes.

4.4.6 Marine mammal harvest

Licences to authorize marine mammal harvests would either continue to be available under the Marine Mammal Regulations or would become available under the Nunavut Fishery Regulations. A separate licence would also continue to be available to authorize transportation of both edible and non-edible parts of marine mammals.

4.4.7 Where licences are not required

The following sections describe where licences are not required by certain Indigenous people, based on Agreement AreaFootnote 3:

4.4.7.1 Nunavut Settlement Area

Inuit enrolled under the Nunavut Agreement and persons who have received an assignment of rights under Nunavut Agreement section 5.7.34(a) would be permitted to harvest without a licence as per the terms of the Agreement. The person who receives the assignment would be bound by the same harvesting restrictions and requirements as the assignor. The assignor would continue to be free to harvest without a licence.

Where Inuit have the right to harvest fish for sale without a licence, a Communal Fish Plan would be required to harvest fish for Bulk Sales. Communal Fish Plans are explained in the section of this Paper called “Strengthening Indigenous-Led Fisheries Management through Communal Fish Plans”.

In the absence of a Communal Fish Plan, Inuit would be required to obtain a licence where they do not have the right to harvest fish without a licence, which is in these cases: (i) harvesting fish for the purposes of sale that Inuit did not harvest commercially during the 12 months preceding October 27, 1981 and (ii) harvesting those species of cetaceans not regularly harvested during the 12 months preceding October 27, 1981. However, Fisheries and Oceans Canada would retain the discretion to accept the Communal Fish Plan in place of a licence in these cases.

Indigenous peoples of the Northwest Territories, northern Manitoba, and northern Saskatchewan other than Inuit may harvest without a licence within areas of the Nunavut Settlement Area as per the terms of the Nunavut Agreement.

Individuals who receive an assignment of harvesting rights would be required to submit the assignment documentation to Fisheries and Oceans Canada before exercising the assigned rights. If that is not possible, it would need to be submitted as soon as possible afterwards. The information that would need to be included in this documentation is included in Appendix B. An assignee harvesting fish and marine mammals pursuant to the assignment would also need to carry proof of the assignment. A verbal assignment would be effective for up to 48 hours if it is not possible to create a document during that period, as long as the assignor and assignee agree on what is being assigned, and as long as the assignor creates the document before the end of the 48-hour period and promptly submits to Fisheries and Oceans Canada.

4.4.7.2 Outer Land Fast Ice Zone

Inuit defined in the Nunavut Agreement and persons holding an assignment of harvesting rights from an Inuk under the Nunavut Agreement may harvest fish without a licence in the same scenarios described in section 4.4.7.1 when fishing from the land-fast ice and when harvesting marine mammals in open water in the Outer Land Fast Ice Zone.

Inuit defined in the Nunavut Agreement may harvest fish without a licence in the open waters of the Outer Land Fast Ice Zone for the purpose of domestic consumption.

4.4.7.3 Marine area east of Manitoba

Inuit defined in the Nunavut Agreement and designated by the Kivalliq Wildlife Board may harvest fish and marine mammals without a licence for personal, family, or community consumption in the marine area east of Manitoba, as currently defined in Article 42 of the Nunavut Agreement (see Figure 3 in Appendix A). They must carry with them, and provide upon request from enforcement officials, proof of designation when fishing in this way. Note, however, that this may be subject to change depending on the outcomes of ongoing negotiations and possible consequential amendments to the Nunavut Agreement.

4.4.7.4 Nunavik Marine Region

Inuit enrolled under the Nunavik Inuit Land Claims Agreement and persons who are the recipients of an assignment of rights under Nunavik Inuit Land Claims Agreement section 5.3.22.2 would be permitted to harvest fish and marine mammals without a licence as per the terms of the Nunavik Inuit Land Claims Agreement. The person who receives the assignment would be bound by the same harvesting restrictions and requirements as the assignor. The assignor would continue to be free to harvest without a licence. Individuals who receive an assignment would need to register and carry with them documentation of the assignment prescribed under the Nunavik Inuit Land Claims Agreement.

In the absence of a Communal Fish Plan (see Strengthening Indigenous-Led Fisheries Management section of this Paper), individuals enrolled under the Nunavik Inuit Land Claims Agreement would be required to obtain a licence to harvest those species of cetaceans not regularly harvested during the 12 months preceding October 25, 2002. However, Fisheries and Oceans Canada would retain the discretion to accept the Communal Fish Plan in place of a licence in these cases.

4.4.7.5 Eeyou Marine Region

Cree enrolled under the Eeyou Marine Region Land Claims Agreement and as defined in Section 3.2 of the James Bay and Northern Québec Agreement would be permitted to harvest fish without a licence as per the terms of the Eeyou Marine Region Land Claims Agreement.

The assignment of rights by a Grand Council of the Crees (Eeyou Istchee) Designated Organization to a non-Cree for the purpose of sports hunting will not be affected by any proposed regulatory changes.

4.5 Monitoring & reporting

4.5.1 Objective

Fishery monitoring encompasses the collection of information on a fishery. Fishery reporting encompasses reporting of fishery information to fisheries management decision-makers. Monitoring and reporting are critical to:

Licences are normally the primary tool to manage fishing and specify conditions for lawful fishing, including monitoring and reporting requirements. Monitoring and reporting information ideally includes various types of knowledge (e.g., scientific data, Indigenous knowledge, local fishers knowledge) and should be reflective of the specific fishery and management goals.

Given the importance of monitoring and reporting for sustainable fisheries management and the uniqueness of the fisheries management regime proposed under the Nunavut Fishery Regulations, this section describes the monitoring and reporting regime envisioned for the Nunavut Fishery Regulations area of application, including options that would exist under different fishing scenarios.

In addition to the monitoring and reporting options described below, the Board-Minister decision-making process would continue to establish monitoring and reporting requirements in conjunction with Total Allowable Harvests/Total Allowable Takes and Non-Quota Limitations for the relevant Agreement Area. A Northern Agreements Decision Implementation Order could be used to implement those requirements. Sources of information regarding fishing pressure and stock health could also include scientific surveys or sampling programs, voluntary monitoring programs, opportunistic data sources, or Indigenous knowledge. We note that the recognition and inclusion of Indigenous knowledge is both a principle and an objective of the Agreements’ management systems.

Where licences are applicable, monitoring and reporting can be required through conditions of licence (for example, under section 22 of the Fishery (General) Regulations) to provide information to inform fisheries management decisions.

Bulk Sales Communal Fish Plans would need to include monitoring and timely reporting requirements for the Bulk Sales component of the harvest. The Nunavut Fishery Regulations would identify what Bulk Sales Communal Fish Plan must say about monitoring and reporting. For example, Bulk Sales Communal Fish Plans would need to require harvesters to report:

Where Indigenous persons have the right to harvest without a licence and are not harvesting for Bulk Sales, available tools to inform sustainability of fisheries could include:

Where a Total Allowable Take or Total Allowable Harvest has been established, Fisheries and Oceans Canada and the relevant Board need information on the amount of fish or marine mammals harvested to ensure that the management objectives supporting the Total Allowable Take/Total Allowable Harvest are attained. The two tools listed above, in addition to information sharing agreements and other voluntary information sharing, could be used to ensure this necessary information is provided.

5. Impact on other regulations

There are several other regulations under the Fisheries Act that currently apply in the proposed area of application of the Nunavut Fishery Regulations. The Fisheries Act as well as some of these regulations would require what are called “consequential amendments” i.e. amendments to make them consistent with the Agreements as well as the Nunavut Fishery Regulations. These regulations include:

6. Timeline to implementation

It is anticipated that the process to bring the Nunavut Fishery Regulations into force would take a minimum of three years from January 1, 2025. This timeline is dependent upon the outcome of the consultations, regulatory drafting, Governor in Council approval, and Canada Gazette, Part I and II process.  Once all these steps have been completed, the Nunavut Fishery Regulations would be enacted. An estimated timeline of the respective steps is shown below.

Appendix A - Maps

map

Figure 1. Geographic area of application of the Nunavut Fishery Regulations. This figure is for illustrative purposes only, and any interpretation of the boundary should refer back to the Agreements or to the adjacent fishery regulations.

Description

The map shows the geographic area where the proposed Nunavut Fishery Regulations would apply, covering a vast region in the northernmost part of Canada, including portions of the Arctic Ocean, Hudson Bay, and surrounding coastal waters. Land Claim Agreement areas and Agreement Overlap Zones are depicted using shaded colors, as shown in the legend. For precise boundary details, refer to Section 3 – Proposed Application.

map

Figure 2. Area proposed to encompass the Outer Land Fast Ice Zone as defined in the Nunavut Agreement within a straight-edged boundary, termed the Generalized Outer Land Fast Ice Zone. This figure is provided for illustrative purposes only.

Description

The map shows a straight-edged boundary referred to as the Generalized Outer Land Fast Ice Zone to encompass the Outer Land Fast Ice Zone as defined in the Nunavut Agreement. This area is located northeast of Baffin Island, extending into Baffin Bay, with the Offshore Limit of the Exclusive Economic Zone (EEZ) and the Canadian/Greenland border visible to the north. The six geographic coordinates that define the boundary are labeled on the map and further detailed in Section 3 – Proposed Application. This map is provided for illustrative purposes only.

map
Figure 3. Hudson and James Bay where the Nunavut Fishery Regulations are proposed to apply and the Marine Area East of Manitoba, as defined in the Nunavut Agreement. This figure is for illustrative purposes only, and any interpretation of the boundary should refer back to the Agreements or to the adjacent regional fishery regulations.
Description

The map showing the geographic areas where the Nunavut Fishery Regulations apply within Hudson Bay and James Bay. The Nunavut Fishery Regulations would extend up to the boundaries where provincial fishing regulations apply, as described in Section 3 – Proposed Application. Land Claim Agreement Areas and Agreement Overlap Zones are depicted using shaded colors, as shown in the legend. For precise boundary interpretations, refer to the Agreements or adjacent regional fishery regulations. This map is intended for illustrative purposes only.

map

Figure 4. The waters northwest of the Arctic Archipelago outside of the Inuvialuit Settlement Region, east of Ellesmere Island, and north of 78°10” N where the Nunavut Fishery Regulations are proposed to apply. This figure is for illustrative purposes only, and any interpretation of the boundary should refer back to the Agreements.

Description

A map showing the northern extent of the geographic area of application of the proposed Nunavut Fishery Regulations. The regulations would apply in waters northwest of the Arctic Archipelago, excluding waters within the Inuvialuit Settlement Region, extending to the Offshore Limit of the Exclusive Economic Zone (EEZ). Land Claim Agreement Areas and Agreement Overlap Zones are depicted using shaded colors, as shown in the legend. For precise boundary interpretations, refer to the Agreements. This map is intended for illustrative purposes only.

Appendix B - Information necessary to document an assignment under the Nunavut Agreement

A document evidencing when there has been an assignment under Article 5 of the Nunavut Agreement would need to contain the following information:

Date modified: