B4 - DFO Fisheries Management

Purpose

To provide an overview of Canada’s fisheries management process.

DFO Manages Over 200 Fisheries on Three Coasts

Three types of fisheries: commercial; recreational; and, Indigenous food, social, and ceremonial (FSC). Some fisheries operate in a specific season, while others are year-round.

Pelagic Fisheries:

• Pacific Herring
• Pacific Salmon
• Arctic Char
• Bluefin Tuna
• Mackerel
• Albacore Tuna

Groundfish Fisheries:

• Greenland Halibut
• Cod
• Atlantic Halibut

Shellfish Fisheries

• Lobster
• Clams & Geoduck
• Snow Crab
• Shrimp

Other Fisheries

• Atlantic Salmon
• Harp Seals
• Narwhal
• Walrus
• Beluga

Mandate and Tools

• Through the Constitution Act, the Minister exercises authority over coastal and inland fisheries.
• The Fisheries Act gives the Minister authority over fish harvesting:
  • How much: total allowable catch (TAC);
  • Who: access and allocation (who can fish, individual and/ or fleet shares):
  • When: times and seasons for fishing, fishery closures; and,
  • How: management measures and harvesting plans (e.g., gear type and amount, monitoring, reporting requirements).
• Other legislative and policy tools, such as the Fish Stocks provisions (FSP) of the Fisheries Act and the Sustainable Fisheries Framework (SFF)* elaborate on the department’s conservation objectives.

*See Annexes A-C

A Shared Responsibility

• DFO has international fisheries responsibilities.
  • Roughly 20 per cent of Canada’s fish stocks are managed in cooperation with international counterparts, either through bilateral or multilateral arrangements (see Annexes E and F).
• Provinces have responsibility for fish processing and have been delegated responsibility for most inland and freshwater fisheries.

Fisheries Management Decision-Making

• Conservation is the first and foremost consideration, followed by Indigenous and treaty rights, legally binding agreements (e.g., international fisheries treaties), and orderly management of the fishery.
• Decision-making is supported by science advice, Indigenous knowledge, fisheries policies, socioeconomic considerations, and Indigenous and stakeholder consultations.
• Decisions adhere to the following principles:
  • Conservation
  • Indigenous and treaty rights
  • Legally binding agreements
  • Orderly management.

Decision-making is Supported By:

• Science advice: Peer reviewed science advice on stock status, TAC, and other conservation measures, as well as the incorporation of Indigenous knowledge.
• Conservation and sustainable use policies: Sustainable Fisheries Framework (Annex A) which is a suite of policies including the Precautionary Approach, bycatch, sensitive ecosystems, etc.; reinforced by new legislative obligations to document and publish, in some cases, the decision-making process.
• Licensing policies: Policies governing the issuance and management of licences, including the owner-operator and fleet separation policies, as well as residency requirements in certain fisheries.
• Socioeconomic considerations: Analysis of short- and long-term impacts of fisheries decisions on the fishing industry and reliant communities.
• Indigenous rights and treaty obligations: Ensuring that decisions do not adversely affect the rights of Indigenous peoples.
• Consultation and engagement: A broad set of advisory processes involving Indigenous partners, fishing industry participants, the provinces, and relationships with commercial, recreational, and environmental groups.

Who Makes Decisions?

• Traditionally, non-controversial decisions are sub-delegated to regional authorities (i.e., Regional Directors General): management measures, TAC, quota transfers, openings and closures.
• Ministerial decisions are required for:
  • new fishing licences;
  • new or deviations from existing policy;
  • discrepancies in science advice and TAC recommendations;
  • multi-regional fisheries;
  • land claims management board decisions/recommendations;
  • implementation of Aboriginal and treaty rights;
  • politically sensitive issues; and,
  • mandates for key international fisheries negotiations.
• Approximately 50 ministerial decisions are sought per year.

Fisheries Management Annual Cycle

DFO exercises authority over domestic fishing activity and harvest levels

1. Planning
   • Implementation planning for changes to the fishery
   • Identification of science needs
   • Harvesting plan review and updating
2. Consultative process
   • Science (CSAS)
   • Advisory Committees
   • Consultative processes with harvesters, Indigenous partners & other stakeholder group
3. Minister’s Decision
   • Decision taken, certain decisions are sub-delegated to regional authorities (i.e., Regional Directors General)
4. Pre-season Preparations
   • Licence conditions, quota allocations, TAC announcements, notice to fishers, etc.
5. Fishing Season
   • Fisheries opening & closing
   • Quota monitoring & management
   • Compliance & enforcement
6. Post-Season Review
   • Review of the effectiveness of fishery measures and enforcement against objectives
   • Quota reconciliation
   • Integrated Fisheries Management Plans (IMFP) – see Annex D

Fishery Advisory Committees

• Indigenous and stakeholder engagement for major fisheries is primarily done through Fisheries Advisory Committees.
• Advisory Committees serve as forums for the discussion of issues pertaining to the management and development of fisheries. They provide advice on:
  • quota allocations;
  • non-quota limitations (seasonal or size limitations, gear restrictions);
  • conservation;
  • compliance issues; and,
  • licencing policy.
• Membership generally includes industry (harvesters and processors), Indigenous groups and provinces:
  • Some advisory meetings also hold specific Indigenous-only sessions to ensure an open forum for discussion and collaboration.
  • Environmental and conservation groups are increasingly active.
  • Smaller working groups collaborate on specific projects

Indigenous and Treaty-related Fishing Rights

Over the years, Supreme Court of Canada (SCC) decisions have provided guidance on the nature and scope of Aboriginal and treaty rights and the Governments' responsibility to manage natural resources in a manner consistent with the constitutional protection provided to Aboriginal and treaty rights, such as:

• R. v. Sparrow (1990) - Musqueam First Nation (BC) - Aboriginal right to fish for food, social and ceremonial (FSC) purposes.
  • DFO policy response through the Aboriginal Fisheries Strategy (FSC provisions and licences, provision of commercial-communal licences, collaborative management).
• R. v. Marshall (1999) - confirmed the treaty right of the Mi’kmaq, Wolastoqey and Peskotomuhkati Nation at Skutik (Maritimes/Gaspé) to hunt, fish and gather in pursuit of a moderate livelihood.
  • Initially DFO responded through policy and programs, such as the Marshall Response Initiative and the Atlantic Integrated Commercial Fisheries Initiative. The Rights Reconciliation Agreement Negotiation Mandate was obtained in 2017 to support the implementation of the treaty right.
• R. v. Ahousaht (2013) – Five Nuu-chah-nulth Nations (West coast of Vancouver Island) - Aboriginal right to sell fish from their territories.
  • DFO policy response through revisions to the annual Five Nations Multi-species Fisheries Management Plan that implements the right, in consultation with the Nations; and review of Pacific Salmon Allocation Policy.

Indigenous and Treaty-related Fishing Rights (continued)

• There are also unique fisheries management decision processes for land claims groups outlined in modern treaties which are constitutionally-protected agreements, such as:
  • Through the Nunavut Land Claims Agreement, the Nunavut Wildlife Management Board was established to ensure the protection and use of wildlife (including fisheries) for the long-term benefit of Inuit, Nunavut, and Canada.
  • Issues are brought to the Board for decision from federal and territorial governments, Regional Wildlife Organizations, Hunters and Trappers Organizations, Nunavut Tunngavik Inc., non-governmental organizations, and the general public.
  • Decisions of the Board are then forwarded to the appropriate federal or territorial Minister for approval (e.g., seals, walrus).
• In addition, reconciliation agreements with First Nations have led to implementation of rights, enhanced collaborative management, and consideration of recommendations from joint management committees.

Annex A – Sustainable Fisheries Framework

• The Sustainable Fisheries Framework (SFF) is the foundation for an ecosystem approach to fisheries, which aims to consider the impacts of fishing on all components of the aquatic environment.
• The SFF consists of various policies and tools:
  • Precautionary Approach Policy (includes the development of fish stock rebuilding plans);
  • Specific policies for: sensitive benthic areas, new fisheries for forage species, by-catch, fishery monitoring, etc.;
  • Sustainability Survey for Fisheries; and,
  • Integrated Fisheries Management Plans (IFMPs).
• The SFF continues to evolve as new legislation, policies, and tools are created.

Annex B – Precautionary Approach

• Taking cautious action to avoid serious harm to the resource in the absence of scientific information or when scientific information is uncertain, unreliable, or inadequate and not using the absence of full scientific certainty as a reason to postpone decisions or fail to avoid serious harm to the resource.
• Limit Reference Point (LRP):
  • The threshold below which serious harm is occurring to the stock.
  • Typically the trigger for rebuilding plans.
• Upper Stock Reference Point (USR):
  • The threshold below which removals must be progressively reduced in order to avoid reaching the LRP.
• Harvest Control Rules (HCR):
  • Pre-agreed rules (HCRs) to avoid limits and achieve targets and take actions when the stock’s abundance reaches certain levels relative to those limits.

Annex C – Fish Stocks Provisions

• New fish stocks provisions, introduced under the Fisheries Act in 2019, legislate the application of precautionary approach principles to the management of major fish stocks prescribed by regulation under the Act.
• The fish stocks provisions introduce legally-binding obligations:
  • to manage prescribed stocks at levels necessary to promote sustainability;
  • for prescribed stocks that have declined into the critical zone (at or below their Limit Reference Point);
    • to develop and implement rebuilding plans to grow the stock above the Limit Reference Point (see previous slide for terminology); and
    • to take into account habitat restoration measures if the loss or degradation of the stock’s fish habitat has contributed to the stock’s decline.
• A rationale will be published online for invoking any of following exceptions outlined in the provisions:
  • mitigating adverse socio-economic or cultural impacts; and,
  • cases where rebuilding plans will not be developed for stocks in the critical zone, for reasons outlined in the legislation.

Annex D – Integrated Fisheries Management Plans

• Decisions are managed through the development and implementation of Integrated Fishery Management Plans (IFMPs). These are established for all major fisheries, evergreen, made public and accessible.
• For each stock, IFMPs document:
  • the planning cycle,
  • fishery objectives for all user groups (i.e., commercial, Indigenous, recreational),
  • management decisions and measures,
    • Opening times, size and retention limits, and gear restrictions,
  • enforcement and control measures, and
    • At-sea observation, dockside monitoring and catch reporting,
  • Indigenous participation and departmental obligations through land claims or other collaborative agreements

Annex E – International Fisheries Management

• A broad range of economically-significant fish stocks are managed through international arrangements. These provide fora for cooperation on policy, fisheries management, enforcement, science and conservation, and, in many cases, decisions that include negotiation of Canadian shares of a fishery.
• Canada is member of seven multilateral regional fisheries management organizations (outlined on next slide).
• Canada is also member of a number of bilateral agreements:
• Pacific Salmon Commission (PSC) - Canada-United States (US);
• International Pacific Halibut Commission (IPHC) – Canada-US;
• Pacific Hake Treaty – Canada-US;
• Pacific Albacore Tuna Treaty – Canada-US;
• Procès-verbal (PV) – Canada-France; and,
• Georges Bank Stocks (non-binding arrangement) – Canada-US.
• Canada is an observer / cooperating non-contracting party to: North Atlantic Marine Mammal Commission (NAMMCO); International Whaling Commission (IWC); North East Atlantic Fisheries Commission (NEAFC); and, Inter-American Sea Turtle Convention (IAC).
• Canada, with other signatories, is leading on implementation of the multi-lateral agreement for the prevention of unregulated high seas fisheries in the central Arctic Ocean.

Annex F – International Fisheries Multilateral Regional Fisheries Bodies / Agreements

Deep Sea Regional Fisheries Management Organizations:

• North Atlantic Salmon Conservation Organization (NASCO)
• Northwest Atlantic Fisheries Organization (NAFO)
• North Pacific Anadromous Fish Commission (NPAFC)
• North Pacific Fisheries Commission (NPFC)

Tuna Regional Fisheries Management Organizations

• Inter-American Tropical Tuna Commission (IATTC)
• Western and Central Pacific Fisheries Commission (WCPFC)
• International Commission for the Conservation of Atlantic Tunas (ICCAT)

Regional Fisheries Management Agreement:

• Central Arctic Ocean (CAO) Fisheries Agreement

Annex G – Types and Locations of Species

Pelagic fish (caught near surface):

• Herring
• Mackerel
• Tuna

Groundfish (caught near ocean floor):

• Halibut
• Atlantic Cod
• Haddock

Shellfish (caught on ocean floor)

• Snow Crab
• Lobster
• Shrimp