Ministerial Appearance at the Senate Standing Committee on Fisheries and Oceans (POFO)
DFO Parliamentary Affairs May 2022

Opening remarks
Departmental updates
Indigenous topics
Canadian Coast Guard
Aquaculture
Science
Others

Opening remarks

Check against delivery

Good morning, Mr. Chair.
It’s a pleasure to be joining you today on the traditional unceded territory of the Algonquin Anishinaabe people.

Thank you for inviting me to appear today alongside senior officials from Fisheries and Oceans Canada and the Canadian Coast Guard. I appreciate this opportunity to talk about my vision for Canada’s oceans.

I have tremendous appreciation for the work that’s being carried out by members of this committee, including your study related to the implementation of Indigenous rights-based fisheries across Canada. Your report will help build trust, cooperation and communication between my Department, Indigenous communities and non-Indigenous harvesters as we work together to develop a fair and equitable fisheries approach that acknowledges treaty rights and prioritizes conservation.

Our shared goal is a fishery that is peaceful, productive and prosperous, that upholds the Marshall decisions and ensures First Nations can exercise their treaty rights in ways that are reflective of their Nation’s vision and needs. I’m pleased to see that this approach has been adopted in the latest moderate livelihood fishing plans that have been authorized and in the fishing that’s currently underway by the Pictou Landing and Potlotek First Nations communities.

Vision for the future of our oceans

Mr. Chair: As a coastal Canadian, I have a particular affinity for our oceans and marine life. I also have a keen understanding of the tremendous social, cultural and economic importance they hold for coastal and Indigenous communities.

It’s important to acknowledge that our government has made significant investments in ocean health and conservation since taking office in 2015. The progress we’ve made since that time will serve as a strong foundation for our country’s blue economy. Budget 2022: A Plan to Grow Our Economy and Make Life More Affordable builds on that work with investments related to the Oceans Protection Plan, the Ghost Gear Fund, the Coastal Restoration Fund and the Great Lakes Fishery Commission.

As Minister, it’s my job to ensure that our diverse and vital blue economy sectors can continue to grow, innovate and create jobs in an environmentally sustainable way. I believe the best way to do that is by transforming what my Department does and how we do it. Guiding this work are four key priorities that will help us prioritize long-term success over short-term expediency.

First, we will address habitat degradation and restore what has been lost by promoting restoration and marine protection. This means investing in projects and partnerships that help restore aquatic habitat in coastal and marine areas, and working hard to conserve 25% of our oceans by 2025 and 30% by 2030.
Second, we’ll be taking a long-term approach to species protection, which involves using the ‘precautionary approach’ to help rebuild depleted fish stocks. When scientific knowledge about a certain species is uncertain, we’ll be exercising more caution when making fisheries management decisions. If commercial fishing is going to remain a viable economic industry for future generations, we must do the hard work today to protect and rebuild depleted stocks. We must also step up our efforts to address overfishing and improve international governance in both our own waters and on the high seas.
Third, we will use ocean research, monitoring and observations and leverage international partnerships to help us better understand the state of our oceans, how they’re changing over time and the impact that climate change is having on fisheries, ecosystems and coastal infrastructure. As Canada adapts to a changing climate, ocean science and observations will help us identify vulnerabilities, create adaptation tools, improve ocean forecasting in coastal regions, and inform management decision making. Internally, the Department must adapt its systems, processes and decision making so our fisheries and aquatic ecosystems are more resilient and able to adapt to a rapidly changing climate.
Finally, we will build a sustainable blue economy that fully integrates the goals of ocean health, ocean wealth, social inclusion and reconciliation with Indigenous peoples. Canada’s Blue Economy Strategy will help regenerate marine life, restore biodiversity and improve ocean health. At the same time, it will help established and emerging ocean sectors adopt new technologies and innovative practices that will increase their environmental performance and generate new wealth and jobs for coastal communities.

As my Department sets about transforming the way our oceans are managed, three things will not change. The first is our ongoing commitment to reconciliation with Indigenous peoples. The second is our unwavering support for the Canadian Coast Guard. And the third is our ambition to build a workforce and a blue economy that is more diverse, equitable and inclusive. These are more than just aspirational goals or values. They are a path to greater prosperity for coastal Canadians and our country.

Conclusion

Mr. Chair: Canada’s oceans are more than just a proud part of our maritime history. They are the foundation of our country’s promising future. Today, we find ourselves in the midst of a necessary and transformative ‘sea change’ with regard to how Canada manages its oceans and the marine life within them. Strong public policy based on sound science is one way we can improve the health of our oceans and the wealth they generate for coastal communities. I appreciate your role in helping our government advance this work.

Thank you.

Departmental updates

Blue Economy Strategy

The global ocean economy is rapidly expanding and transforming. Now is the time for Canada to have a clear strategy that seizes this growth opportunity and does so in a way that is environmentally, economically, and socially sustainable, making this a truly ‘blue’ economy.

Canada is well-positioned to demonstrate to the world that sustainable growth in the oceans sector can be done responsibly, with the longest coastline in the world, direct access to three oceans, cutting-edge ocean science, and a strong track record on oceans protection and conservation. Stakeholders have told us how important this is, and we are listening to them. That is why the Government will bring forward an integrated, whole-of-government Blue Economy Strategy for Canada.

As Canada looks to post-COVID-19 recovery, there is an opportunity to “build back better”— particularly in our rural coastal communities — by enabling pathways for greater economic resiliency, high value job creation, and the conservation and regeneration of our natural environment.

Background

Developing a comprehensive Blue Economy Strategy (BES) is a key mandate commitment for the Minister of Fisheries, Oceans and the Canadian Coast Guard.
On December 16, 2022 the Prime Minister mandated the Minister to “Continue working with business, academic institutions, non-profits, provincial and territorial governments, and Indigenous partners to grow Canada’s ocean and freshwater economy and support the long-term sustainable growth of Canada’s fish and seafood sector, ensuring Canada is positioned to succeed in the fast-growing global ocean sectors of the blue economy and advancing reconciliation, conservation and climate objectives.”
The BES public engagement process was officially launched on February 8, 2021 and ended on June 15, 2021. Over a span of 158 days, engagement occurred with provincial, territorial and Indigenous partners and a wide range of Canadians involved in ocean industries, environmental and social justice initiatives, academia, science, and research and development through a series of virtual roundtables and meetings with the previous Minister of Fisheries, Oceans, and the Canadian Coast Guard, the Parliamentary Secretary, and senior departmental officials. All Canadians were also encouraged to share their feedback by answering online survey questions or by submitting written input.
The response to the blue economy engagement activities was extensive. A ‘What We Heard’ report summarizing the input received was compiled and released on March 11, 2022.
Work continues the development of the Strategy and the implementation of this important commitment.
The World Bank defines the blue economy as, “the sustainable use of ocean resources for economic growth, improved livelihoods and jobs, and ocean ecosystem health.”
The blue economy includes a diverse range of oceans-based sectors (e.g., commercial fisheries, aquaculture, marine transportation, offshore-oil and gas, shipbuilding, port and harbour infrastructure, and tourism) that generate economic and social benefits for individuals, communities, and coastal nations around the world.
The global blue economy prior to COVID-19 was rapidly expanding and creating significant opportunities for growth. As per a 2016 report by the Organization for Economic Cooperation and Development (OECD), global economic activities tied to the oceans was projected to double to over CAD $4 trillion by 2030. The blue economy has the potential to outperform the global economy as a whole, both in terms of value added and employment.
Canada’s ocean-based sectors contributed approximately CAD $36.1B annually (1.6 per cent of national GDP in 2018) and are a source of nearly 300,000 jobs (1.6 per cent of national employment in 2018).
With key assets such as: the longest coastline in the world; access to three oceans; diverse and highly-valued oceans resources; leading oceans research; and, marine conservation efforts, Canada is well-positioned to capitalize on the opportunities afforded by the growing blue economy.
As the Government refocuses its agenda post-COVID-19, a forward-looking BES will set a vision for our ocean-related sectors and help guide future actions and investments to enable long-term sustainable growth, especially for coastal communities. The strategy will also advance our ocean conservation objectives, reconciliation with Indigenous peoples and climate objectives.
In addition, the strategy will consider how to restore and safeguard our ocean health and how climate change is impacting oceans.
A key tenet of the blue economy is that long-term value creation is directly linked to our ability to restore and rejuvenate ocean health, and that better stewardship of our oceans is essential to sustainable growth, and resilient and thriving coastal communities.
A healthy ocean is critical for sustainable growth in the ocean economy and requires strong commitments to ocean preservation; improvements to the environmental performance of ocean sectors through innovation, technological development, and enhanced resource management; and, recognition that climate change and the health of the world’s oceans are inextricably linked.
Internationally – in 2018, Canada, Kenya, and Japan co-hosted the Sustainable Blue Economy Conference in Nairobi. In December 2020, the High Level Panel for a Sustainable Ocean Economy, of which the Prime Minister is a member, released their centerpiece report which committed countries to develop Sustainable Ocean Plans. The BES will achieve this international commitment for Canada.

Implementation of the modernized Fisheries Act

The Government of Canada continues to deliver on our promise to implement a modernized Fisheries Act to support sustainable, stable, and prosperous fisheries.

Our Government committed $284 million over five years to support modernization efforts, including protection for all fish and fish habitat, evidence-based decision making, improved enforcement, transparency, and collaboration.

This includes $50 million for the Indigenous Habitat Participation Program, which supports the participation of Indigenous peoples in project reviews, monitoring, and policy development, furthering our Government’s commitment to reconciliation.

Background

The Minister of Fisheries, Oceans and the Canadian Coast Guard’s mandate letter was published December 16, 2021. It included a commitment to support sustainable, stable, prosperous fisheries through the continued implementation of the modernized Fisheries Act. The modernized Act restores lost protections, rebuilds fish populations, and incorporates modern safeguards so that fish and fish habitats are protected for future generations and Canada’s fisheries can continue to grow the economy and sustain coastal communities.
To support ongoing implementation of the modernized Fisheries Act, important engagement activities continue into their third year with Indigenous groups, partners, stakeholders, and the public on development of policies, frameworks, instruments, and guidance. These include:
- a proposed regulation that would streamline the approval process for prescribed classes of works and waters to enhance regulatory efficiency while improving protection of fish and fish habitat;
- a framework for the establishment of Ecologically Significant Areas which, if implemented through regulation, would provide long-term protection and conservation for key areas of fish and fish habitat that are sensitive, highly productive, rare, or unique;
- an update of the position statement explaining how the Department would interpret the prohibition in the Act against causing the death of fish by means other than fishing; and
- a position statement explaining how the Department would interpret the fish and fish habitat protection provisions with respect to existing facilities and structures.
Additional future rounds of engagement will be undertaken on implementation of the fish and fish habitat protection provisions of the Fisheries Act, including: the Department’s approach to engagement, consideration of cumulative effects in decision making, and additional codes of practice aimed at avoiding impacts to fish and fish habitat.
Amendments to modernize the Fisheries Act entered into effect in two phases. On June 21, 2019, most of the changes became law. On August 28, 2019, the fish and fish habitat protection provisions entered into effect. The amended Fisheries Act:
- strengthens the role of Indigenous peoples in project reviews, monitoring, and policy development as part of early steps to advance reconciliation;
- recognizes that decisions can be guided by principles of sustainability, precaution, and ecosystem management;
- promotes restoration of degraded habitat and rebuilding of depleted fish stocks;
- allows for the better management of large and small projects impacting fish and fish habitat through a new policy and regulatory framework, including codes of practice;
- creates new fisheries management tools to enhance the protection of fish and ecosystems;
- strengthens marine refuges to ensure the long-term protection of biodiversity; and
- helps ensure that the economic benefits of fishing remain with the licence holders and their community by providing clear ability to enshrine current inshore fisheries policies into regulations.
In 2018, the Government allocated $284.2 million over five years (2018-19 to 2022-23) to implement the changes to the Fisheries Act. New resources included additional full-time equivalents to support faster review of development projects and renewed science capacity to support decision making, as well as additional fisheries officers for compliance and enforcement.
Part of this allocation included a new $50 million grants and contributions program also covering the period 2018-19 to 2022-23 that provides for increased participation of Indigenous peoples in the conservation and protection of fish and fish habitat. The Indigenous Habitat Participation Program supports Indigenous participation in consultation on project authorization decisions under the Fisheries Act, participation in the development of policy and regulatory initiatives, and collaborative projects and capacity building for communities.

Scientific processes and excellence at Fisheries and Oceans Canada

My department is proud to have implemented a policy on science integrity which is fundamental to making the right decisions for Canada’s fisheries and oceans.

The Department ensures high standards of scientific excellence, impartiality, and transparency in its scientific activities.

I have every confidence in the integrity of Fisheries and Oceans Canada science and the rigorous peer review process that is used to generate science advice.

Background

As a science-based department, scientific integrity is essential to the work of Fisheries and Oceans Canada (DFO) and its employees. Scientific integrity is critical to the decision-making process, from the planning and conduct of research to the production of advice and the application of advice to the departmental decision-making processes.
DFO Science works with a range of partners when undertaking its research. Our researchers collaborate with scientists from other government Departments, universities, other governments, indigenous communities, environmental organizations, as well as members of industry. Collaborators contribute expertise, knowledge, analyses, data, samples, and platforms. Irrespective of the collaborators, Departmental scientists are bound by our code of Values and Ethics and our Science Integrity policy – which reinforces the principles like transparency, scientific excellence, and ensuring high standards of research ethics.
The results of these projects are published in the scientific literature and the research findings contribute to the broader science knowledge base that supports the development of science advice to inform management decisions. The process for agreement of individual co-authors on the substance of their scientific papers is driven by scientific journals.
When employees have concerns, they may bring those forward through the established internal processes to be addressed. With respect to the letter regarding from the Professional Institute of the Public Service of Canada wrote on November 25 2021 to the Deputy Minister of Fisheries and Oceans Canada regarding actions that were perceived to undermine scientific excellence in the Newfoundland and Labrador Region, the department is following internal processes by engaging directly with the Professional Institute of the Public Service of Canada.
This Scientific Integrity Policy was developed in conjunction with the Professional Institute of the Public Service of Canada (PIPSC), based on a model developed jointly with the Office of the Chief Science Advisor and Treasury Board Secretariat. The policy recognizes the importance of high quality science, free from political, commercial and client interference and the importance of this in the decision-making processes utilized by the Department. The policy applies to all who plan, produce, support or utilize science to make well-informed decisions.
The Canadian Science Advisory Secretariat (CSAS) coordinates the production of peer-reviewed science advice for Fisheries and Oceans Canada (DFO). Science advice is prepared both nationally and through DFO’s regional offices.
The CSAS process provides a formal, transparent approach for the delivery of science advice to the department’s decision makers. Advice might relate to the state of an ecosystem, the impacts of a human activity, the effectiveness of a mitigation strategy or another subject related to DFO’s mandate.

Fish harvester benefit program

The Fish Harvester Benefit and Grant Program has provided COVID-19 relief to self-employed harvesters and crew since its establishment in 2020.

The Program has paid out about $163 million in support to its target recipients in the fishing sector, about $53 million via the grant and $110 million via the benefit.

While intended for self-employed individuals, and not employees, the Program received many applications during its first phase from individuals whose Canada Revenue Agency data indicated they were regular employees, and therefore ineligible for inclusion in the Program.

The Program will be winding down shortly, as final appeal decisions and payments are completed, including appeals related to employment status.

Background

On May 14, 2020, the Prime Minister announced the creation of the FHBG Program, which launched its first phase in August 2020. The Program is currently working to complete final phase-two appeals and payments, something that will conclude soon. The deadline for phase-two applications was October 31, 2021.
The Program supports self-employed fish harvesters and self-employed crew affected by COVID-19.
The Program is delivered in partnership by DFO, Employment and Social Development Canada (ESDC), and with the Canada Revenue Agency (CRA).
Payments from the FHBG Program are taxable and must be declared on harvesters’ income tax returns.
The FHBG Program is delivered in two-phases:
- Phase One (2020) involved the issuance of: 1) one-time grant payments to provide emergency business expense support to address the non-deferrable business costs of self-employed fish harvesters; and 2) the first part of the benefit payment (60 per cent) to provide income assistance to eligible self-employed fish harvesters and self-employed crew.
- Phase Two (2021) involves confirming that the applicant-attested information provided in phase one aligns with CRA data. A phase-two application was required by all applicants who received payment in phase one. If eligible, and with the successful submission of the phase two application, the Program issues the second part of the benefit payment (the remaining 40 per cent).
The benefit payment covers up to 75 per cent of income losses beyond a 25 per cent threshold for the 2020 tax year when compared to 2018 or 2019. The maximum benefit is $10,164.
In the opening weeks of round two in August 2021, applicants experienced lengthy telephone wait times in trying to connect with a Service Canada call centre agent. Service Canada responded quickly to provide additional call centre support, and wait times were reduced dramatically.
The first installment of the benefit payment was promptly issued to applicants based on their attestations to the program respecting their status, income, and expected COVID-related losses. That information was subsequently reviewed against CRA data filed by the applicants when that information became available prior to the launch of phase two.
Some recipients of the first benefit payment had initially indicated that they were self-employed crew. However, CRA tax data indicated that some of those recipients were wage-earning employees, and therefore not eligible for the program. Individuals in this situation were issued overpayment letters. Recipients of those phase-one overpayment letters had a right of appeal. The deadline for those appeals was October 15, 2021.

Ghost gear program

Canada continues to demonstrate leadership to address ghost fishing gear in our oceans, both within Canada and internationally.

Ghost gear is estimated to make up to 70 per cent of all macro-plastics in the world’s ocean by weight and has a direct impact on harvestable fish stocks and marine ecosystems.

We continue to invest in the Ghost Gear Fund—including $10 million through Budget 2022—which helps fish harvesters acquire new gear technologies to reduce gear loss and supports the delivery of ghost gear retrieval and responsible disposal projects.

Sustainable Fisheries Solutions and Retrieval Support Contribution Program (Ghost Gear Fund)

Through Budget 2022 under the Zero Plastic Waste agenda, the Ghost Gear Fund received $10 million to continue retrieval activities, and the testing of fish gear to reduce gear loss for the fiscal year 2022-2023.

Since the initiation of the Ghost Gear Fund in July 2020, $16.7 million has been distributed to support 49 ghost gear projects, and increased capacity at more than 36 harbour authorities.

All successful projects fall into at least one of four eligible categories: gear retrieval, responsible disposal, acquisition and piloting of available gear technology, and international leadership.

Ghost Gear Fund Results

To date, over 1261 tonnes of lost or discarded fishing gear has been retrieved from Canadian waters and more than 127 kilometres of rope since the initiation of the Ghost Gear Fund in July 2020.

Some Ghost Gear Fund highlights include establishing an end-of-life fishing gear recycling depot in Ucluelet, British Columbia; testing smart buoy technology in multiple locations in Nova Scotia; and hosting several workshops using end-of-life fishing gear in Nigeria, creating economic opportunities for coastal communities.

New innovations in gear technology contribute to our blue economy, and are essential to the prevention and mitigation of ghost gear. The program supports fish harvesters looking to acquire market ready gear technologies to reduce gear loss.

Background

Impacts of ghost gear

The term 'ghost gear' refers to any fishing gear that has been abandoned, lost or otherwise discarded (for example nets, line, rope, traps, pots, and floats). Other common terms include abandoned, lost or otherwise discarded fishing gear or ‘ALDFG’ and derelict fishing gear or ‘DFG’. It is a form of marine pollution that can be fatal to fish, marine mammals and other marine life, poses a navigation hazard, and may break down into other forms of pollution such as microplastics.
The UN food and agriculture organization (FAO) estimates that ghost gear represents approximately 10 percent of marine debris by volume. There is growing international attention on the problem of ghost gear, as well as other forms of marine litter. For example, the FAO has recognized ghost gear as a major global problem since the 1980s. The 1995 FAO code of conduct for responsible fisheries and related technical guidelines include advice to minimize ghost gear and the responsibility to recover lost gear.
Ghost fishing gear can cause large-scale damage to marine ecosystems through habitat disturbance and causes direct harm to the welfare and conservation of marine animals via entanglement and/or ingestion.

Canadian context

The Canadian code of conduct for responsible fishing operations includes an expectation (guideline 2.8) for fish harvesters to ‘make every effort to retrieve lost fishing gear, reporting all lost gear’. The department collaborates with conservation groups and partners to rescue sea life that has been entangled by sea-based marine debris, and with the fishing industry to retrieve gear on an ad hoc basis. The Ghost Gear Program allows for a dedicated program to tackle the issue of ghost gear domestically and abroad.
The current regulatory/licencing regime is prescriptive in terms of types, quantities and identification of fishing gear that a harvester can have on board their vessel and/or fish. Additionally, the location where a harvester can fish is very prescriptive. While these measures were intended to ensure compliance with quotas and allocations, they impede the ability of a harvester to retrieve gear which they are not permitted to use and/or is located in areas they are not authorized to fish. An assessment of DFO legislation is currently underway to ensure that any potential impediments to addressing and reducing ghost gear domestically are identified and addressed.
Canada has been pushing to strengthen measures in internationally managed fisheries. There is support for this but also recognition that for small island developing states and other developing states that the measures need to also come with increased capacity domestically – both policy, social and operational (e.g. reception centres, reporting, etc).

Diversity and equity

Fisheries and Oceans Canada implemented various initiatives to support the advancement of employment equity, diversity and inclusion over the past years. That said, further efforts are required to make our organization more representative of the Canadian population.

We are conducting an Employment Systems Review to identify and address underrepresentation in the workforce, including in leadership positions. This is an analysis of the organization’s employment systems, policies and practices, attitudes, behaviours and corporate culture.

Recommendations from this review will be used to inform an Action Plan to direct efforts, including resource allocation, to the areas of greatest impact to employees.

Implementing changes will help achieve a representative workforce that is reflective of Canadian society, improve the sense of belonging for employees, and advance equity in services, collaboration, and innovation.

Background

POFO previously requested the Department share data showing how racism has changed within the Department which included the following:
- From March 31, 2021, to March 31, 2022, the Department has seen a slight increase in Women (from 3.3% to 4.0 %) and Indigenous People (from 0.5% to 0.7%), the two employment equity groups that meet or exceed workforce availability.
- During the same time, there was a net loss of in the underrepresented groups, that of persons with disabilities (from -3.6% –3.8%) and visible minorities (from –3.9% to –3.9%).
The Department is addressing underrepresentation due in part to systemic racism, bias, discrimination, and inequality in the following ways:
- Developing the first-ever departmental Accessibility Action Plan 2022-2025 to support the recruitment, professional development and success of persons with disabilities;
- Analyzed results from the Public Service Employee Survey and action plans to address concerns;
- Conducting an Employment Systems Review to identify employment systems, policies and practices, attitudes, behaviours and corporate culture that affect hiring;
- Designated a Senior Official for Diversity and Inclusion to provide critical leadership overseeing progress in this area;
- Established a staffing framework to address employment equity gaps and meet diversity targets over the next four years, in support of the Deputy Minister commitments.
- Made intentional changes to human resources planning, policies and programs with the hiring of employment equity groups via the use of representative hiring boards, a sponsorship program, the Indigenous Career Navigators Program and other initiatives.
The Department is developing the 2022-2025 Employment Equity, Diversity and Inclusion Action Plan which will be informed by outcomes of the Employment Systems Review, to articulate our primary objectives and their strategies, measures and requires resources to successfully attain a representative, diverse, inclusive, respectful workplace that is accessible to all.
Challenges currently anticipated for the departmental Employment Equity, Diversity and Inclusion strategies are:
- existing barriers to self-identification and the tracking of employment equity related metrics;
- cross-government hiring priorities in this area leading to a reduced or competitive hiring pool;
- as a highly-decentralized department, remote locations impact our ability to attract certain designated group members, particularly Visible Minorities; and,
- the operational nature of the Department can make it difficult to eliminate representation gaps, particularly in the operational and technical occupational categories;
The Department also provides annual progress reports on several strategies to gauge progress, these include:
- the Employment Equity, Diversity and Inclusion Action Plan;
- the Many Voices One Mind Action Plan;
- the departmental Reconciliation Strategy;
- the Canadian Multiculturalism Act; and,
- progress on the departmental Accessibility Action Plan will be reported on an annual basis following its publication later this year.

Systemic racism

Across the federal government, we recognize the urgency of eliminating systemic racism from our institutions. In my Department, we are taking important steps in this regard and will continue to do so going forward.

I recognize there is more work to be done to address systemic racism and am fully committed to creating space for dialogue and providing learning opportunities about the treaty relationship, as well as unconscious bias and systemic racism.

My Department continues to work internally, and with its partner agencies and departments, to promote and increase available culturally sensitive learning tools, practices, and awareness activities regarding reconciliation, Aboriginal and treaty rights, and the treaty relationship for public servants and Canadians at large.

The Department has made training from the Canada School of Public Service widely available to staff, and in some cases mandatory, to ensure all staff better understand the history of First Nations, Inuit, and Métis peoples and recognize unconscious bias.

We have put in place the DFO-Canadian Coast Guard Reconciliation Strategy. This guidance document is intended to promote greater reconciliation literacy among public servants, holding my Department accountable for reconciliation results and actions, and enabling enhanced collaboration and partnership with Indigenous peoples.

We have also established a Reconciliation Champion Secretariat to ensure sustained senior-level leadership to promote culture change, with a focus on the creation of Indigenous Employee Networks, creating cultural competencies, and identifying reconciliation gaps across the department.

Background

Like the rest of the Government of Canada, DFO is working to transform its colonial relationship with Indigenous peoples to one that recognizes and respects Aboriginal and treaty rights and interests. One example of how the Department is working to improve this relationship is through the DFO-Canadian Coast Guard Reconciliation Strategy, publicly released in September 2019. This guidance document is intended to promote greater reconciliation literacy among public servants, hold the Department accountable for reconciliation results and actions, and enable enhanced collaboration and partnership with Indigenous peoples.
Across the Department, this is translating into efforts aimed at increasing employee awareness and knowledge of Indigenous peoples and history; improving the tone of communication with Indigenous peoples; reviewing operational practices; and ensuring Indigenous engagement becomes part of how every sector operates. A few other notable examples from the past year, include: inclusion of a reconciliation commitment in executive performance management agreements and establishment of the Reconciliation Champion Secretariat, with a focus on the creation of Indigenous Employee Networks, creating cultural competencies, and identifying reconciliation gaps across the department;
DFO continues to work internally, and with its partner agencies and departments, to promote and increase available culturally sensitive learning tools, practices, and awareness activities regarding reconciliation, Aboriginal and treaty rights, and the treaty relationship for public servants and Canadians at large. DFO has made training from the Canada School of Public Service widely available to staff, and in some cases mandatory, to ensure all staff better understand the history of First Nations, Inuit, and Métis peoples and recognize unconscious bias. DFO is committed to changing the public service culture to address systemic barriers, including reviewing internal and external legislation, policies, and programs to identify and address systemic racism.
All federal departments, including DFO, are moving forward with meaningful actions in line with the Clerk of the Privy Council’s ‘call to action on anti-racism, equity, and inclusion in the Federal Public Service.’ This call to action recognizes the urgency of removing systemic racism from Government institutions and from Canadian culture by calling on all public servants and public service leadership to, among other things: commit to personally learning about racism, reconciliation, accessibility, equity, and inclusion; combatting all forms of racism, discrimination, and other barriers to inclusion in the workplace; and including voices from diverse backgrounds in the identification of systemic racism, discrimination, and barriers to inclusion, and the design and implementation of actions to address them.
On January 26 and 27 2022, DFO hosted a two-day virtual Government of Canada Interdepartmental Workshop on ‘Truth and Reconciliation’ within the Federal Public Service. The workshop was intended to create an inclusive environment for Government of Canada employees across departments/agencies to come together to share learnings, spark action and ultimately advance reconciliation with First Nation, Inuit, and Métis peoples within the federal public service. The Clerk of the Privy Council’s Call to Action on Anti-racism, Equity, and Inclusion in the Federal Public Service was used to structure the conversation. The workshop was attended by representatives from 47 departments/agencies and many individuals who participated in the two days identified as First Nation, Inuit, or Métis.

Indigenous topics

Reconciliation with Indigenous Peoples

We know that fisheries, oceans, aquatic habitat, and marine waterways are economically, socially, and culturally vital for Indigenous peoples, which is why Fisheries and Oceans Canada and the Canadian Coast Guard play a key role in transforming Canada’s relationship with Indigenous peoples.

As I move forward my mandate commitments, be it through the implementation of the modernized Fisheries Act, our Pacific Salmon Strategy, Canada’s first Aquaculture Act, the Oceans Protection Plan, and Canada’s Blue Economy Strategy, I am committed to doing so in a way that creates stronger partnerships with Indigenous peoples.

Through programs that support capacity building, treaty tools, and reconciliation agreements, we will continue to build partnerships that advance our commitment to reconciliation.

United Nations Declaration on the Rights of Indigenous Peoples

We all need to work together to implement and breathe life into the United Nations Declaration in Canada.

As a key step in renewing the Government of Canada’s relationship with Indigenous peoples, our Government is working to advance a lasting and action-oriented framework to advance the federal implementation of the Declaration in collaboration with Indigenous peoples.

I will continue to work closely with my colleague, the Minister of Justice, who is leading the engagement process with First Nations, Inuit and the Métis Nation, to better understand their priorities, and to help shape the initial draft of a whole -of- government action plan, including identifying potential measures for aligning federal laws with the Declaration.

Background:

Reconciliation with Indigenous Peoples

The Prime Minister has clearly mandated that the Government will continue to move forward on reconciliation and that many key commitments require partnership with Indigenous governments, communities, and partners.
The 2021 Speech from the Throne opened with an Indigenous territorial acknowledgment, recognition of the discovery of unmarked graves at former residential schools, a challenge to continue to expose truths and turn guilt into action, and reinforced the importance of the federal government’s commitment toward reconciliation with Indigenous peoples.
All Ministers have been directed to implement the United Nations Declaration on the Rights of Indigenous Peoples and to work in partnership with Indigenous peoples to advance their rights.
Your mandate letter includes several commitments (e.g., blue economy strategy, marine conservation targets, new aquaculture legislation, advancing consistent, sustainable and collaborative fisheries arrangements with Indigenous and non-Indigenous fish harvesters) that reference the inclusion of Indigenous peoples and Indigenous Knowledge in the management of fisheries, oceans, and freshwater resources.
Through policies, programs, treaty tools, and reconciliation agreements, DFO strives to maintain strong relationships by managing fisheries, oceans, aquatic habitat, and marine waterways in a manner that respects Indigenous rights and interests, meets legal obligations, and reconciles Indigenous rights and interests with the interests of all harvesters.

United Nations Declaration on the Rights of Indigenous Peoples

The Government of Canada upheld its commitment to introduce legislation co-developed with Indigenous peoples to implement the United Nations Declaration on the Rights of Indigenous Peoples by the end of 2020.
On June 21, 2021, the United Nations Declaration on the Rights of Indigenous Peoples Act received Royal Assent. Legislation to advance full implementation of Declaration is a key step in renewing the Government of Canada’s relationship with Indigenous peoples.
The United Nations Declaration on the Rights of Indigenous Peoples Act came into force on June 21, 2021.
As the next step, we will work in consultation and cooperation with First Nations, Inuit and the Métis Nation to:
- Take all measures necessary to ensure the consistency of federal laws with the Declaration
- Develop an action plan to achieve the objectives of the Declaration
- Develop annual reports on progress and submit them to Parliament
The Act requires that the action plan be developed as soon as possible and no later than two years after the coming into force of the Act, which means it needs to be completed by June 2023.
As a first step, the Government of Canada will be working closely with First Nations, Inuit and the Métis Nation to better understand their priorities to help shape the initial draft of an action plan and begin to identify potential measures for aligning federal laws with the Declaration. This important dialogue will continue over the winter and spring of 2022.
This first phase will focus on consultation, cooperation and engagement with Indigenous partners, including:
- First Nations, Inuit and Métis rights holders, including modern treaty signatories, self-governing nations and historic treaty partners, as well as with national and regional Indigenous representative organizations
- Indigenous women, Elders, youth, persons with disabilities, 2SLGBTQQIA+ people, urban Indigenous people and other Indigenous organizations and groups
This is the first step toward the development of an action plan with Indigenous partners. There will be a further process for Indigenous peoples and the Government of Canada to work in cooperation on measures to implement the Declaration, informed by the priorities identified in the initial draft of the action plan.
Fisheries and Oceans Canada (DFO)-Canadian Coast Guard’s Reconciliation Strategy, published on the DFO website on September 6, 2019, commits the Department to recognizing and implementing Indigenous and treaty rights in fisheries, oceans, aquatic habitat, and marine waterways in a manner consistent with, among other things, the Declaration. The Strategy is a description of the Department’s approach to advancing reconciliation and serves as a long-term roadmap for advancing meaningful reconciliation across the Department’s business lines. It will also serve as a tool for measuring and demonstrating progress on implementing the Declaration.

Indigenous traditional knowledge in decision making

Indigenous knowledge supports our understanding of oceans and waterways, and offers valuable evidence to support the programs and decisions protecting marine ecosystems.

Across the department, Indigenous knowledge is being considered, be it as an accompaniment to scientific research, as part of a marine protected area management plan, or in habitat or fisheries decisions.

Through the renewal of the Oceans Protection Plan in Budget 2022, funding will support measures that integrate Indigenous knowledge in marine safety and ecosystem protection, including: Indigenous participation and training activities in marine safety; and collaborations on hydrographic data collection.

We will continue to work with Indigenous peoples to develop a common understanding of how to consider Indigenous knowledge in decisions, while recognizing the need for regional, cultural and distinctions-based approaches to Indigenous knowledge.

Background

There are several overarching Government of Canada commitments that support reconciliation and, in turn, support the respectful consideration of Indigenous knowledge in decision-making processes. They include:
- The UN Declaration on the Rights of Indigenous Peoples – which includes reference to maintaining, controlling, protecting and developing traditional knowledge.
- The Governments commitment to renewed nation to nation, government-to-government, and Inuit-Crown relationships.
- Ministerial Mandate letters.
Indigenous knowledge is not new to DFO. Across the department we can point to examples of Indigenous knowledge in action, be it as an accompaniment to scientific research, or applied as part of a marine protected area management plan, or employed in certain fisheries decisions.
The Fisheries Act was updated in 2019 to include explicit parameters for the consideration of Indigenous knowledge in decision making:
- s 2.5 - Provides that the Minister may consider Indigenous Knowledge that has been provided (among other considerations enumerated under that section) for any decisions other than those enumerated under section 34.1(g).
- s 34.1 - Provides that the Minister shall consider Indigenous Knowledge that has been provided (among other factors enumerated under that section) for certain decisions under the Act related to fish and fish habitat protection and pollution prevention.
- s. 61.2 - Establishes a scheme that provides for the legal protection against the disclosure of Indigenous Knowledge that has been provided to the Minister in confidence.
DFO is developing interim guidance for the implementation of the Indigenous knowledge provisions in the amended Fisheries Act.
The Impact Assessment Agency, Transport Canada, Canada Energy Regulator and DFO are working in collaboration with Indigenous peoples to develop an Indigenous Knowledge Policy Framework. This Framework will help guide how to implement the Indigenous knowledge provisions of the following Acts:
- The Impact Assessment Act
- The Canadian Navigable Waters Act
- The Canadian Energy Regulator Act
- The fish and fish habitat protection provisions (s 34.1) of the Fisheries Act
Building and improving relationships with Indigenous communities will be the key to success. Through sound relationships we will be able to understand where, how and with whom we can engage on Indigenous knowledge that is needed to strengthen our decision-making processes.

Moderate livelihood fishing

Over the past 22 years, Fisheries and Oceans Canada (DFO) has invested over $550 million to advance the implementation of the right to fish in pursuit of a moderate livelihood. These investments have resulted in meaningful economic benefits for rights-holding Treaty Nations in the Maritimes and Gaspé region of Quebec.

For example, the annual landed value among these Treaty Nations has increased from $3 million in 1999, to nearly $170 million in 2019, which is approximately 6.4 per cent of the total landed value in the region.

In addition to ongoing program supports, there are currently two approaches to further implement the treaty right, depending on Treaty Nations’ preferences: medium- to long-term Rights Reconciliation Agreements; and short-term understandings based on community-developed Moderate Livelihood Fishing Plans for one fishing season.

To date, three Rights Reconciliation Agreements have been signed with four Treaty Nations and two understandings around Moderate Livelihood Fishing Plans have been reached with four other communities.

We are committed to continuing discussions with Treaty Nations to further implement their right to fish in pursuit of a moderate livelihood and to provide for sustainable, safe and orderly fishing for all harvesters.

Background

Over the past 22 years, Fisheries and Oceans Canada (DFO) has invested over $550 million in fishing licences, vessels, gear and training to help increase and diversify participation in commercial fisheries, and to advance the implementation of the right to fish in pursuit of a moderate livelihood, for the 35 rights-holding Mi’kmaq, Wolastoqey, and Peskotomuhkati communities (Treaty Nations). These investments have resulted in meaningful economic benefits which continue to increase year over year. For example, annual landed value among these Treaty Nations has increased from $3 million in 1999 to nearly $170 million in 2019. Additionally, approximately $100 million of additional yearly revenue is now being generated through fisheries-related businesses (e.g., processing, aquaculture) owned and operated by Treaty Nations.
DFO is currently negotiating Rights Reconciliation Agreements/Rights Implementation Agreements (RRA/RIA) with some Treaty Nations, with the objective of addressing and recognizing their historic treaty right (affirmed by the Supreme Court of Canada’s Marshall decisions of 1999) and to ensure a stable and predictable fishery for the benefit of all Canadians.
These agreements are time-limited (five to 25 years) with an option for renewal; provide funding for access, vessels and gear; enable signatory First Nations to develop approaches to fishing to meet their particular objectives and importance to their communities, such as an emphasis on jobs or income; and put in place fisheries governance structures and processes to enhance collaboration between First Nations and DFO.
Three RRAs have been signed with four Treaty Nations: the Wolastoqiyik Wahsipekuk First Nation (Quebec), Elsipogtog and Esgenoôpetitj First Nations (New Brunswick), and the Listuguj Mi’gmaq Government (Quebec). These communities represent about 25 per cent of the population of the 35 First Nations that hold the treaty right.
DFO continues to have discussions with Treaty Nations on the recognition of rights and encourages that this dialogue take place at the negotiation table.
Some Treaty Nations have grown frustrated with the slow progress of RRA negotiations or are uninterested in negotiating RRAs. Some have been fishing outside the commercial fishing seasons, citing their right to fish in pursuit of a moderate livelihood.
In an effort to make progress on this issue, in the fall of 2020 DFO obtained approval for additional flexibilities in negotiating RRAs, as well as to negotiate and authorize fishing based on small-scale annual Moderate Livelihood Fishing Plans (MLFPs).
On March 3, 2021, the DFO Minister announced this new path forward whereby MLFPs would be authorized annually to take place during the regular commercial seasons. The Minister also reiterated DFO’s commitment to acquiring fishing access through already available licences and a willing buyer-willing seller approach. The Treaty Nations’ reaction was largely negative, whereas comments from industry were generally positive.
However, since then, discussions on MLFPs have continued, mainly between DFO and the Kwilmu’kw Maw-klusuaqn (Nova Scotia Mi’kmaq). In June 2021, an understanding was reached between DFO and Potlotek First Nation in Nova Scotia to recognize harvesters designated under the Potlotek Moderate Livelihood Fishing Plan to be authorized to fish lobster, under a DFO-issued licence, during the established commercial season. A similar understanding was reached with Annapolis Valley, Bear River, and Acadia First Nations in Nova Scotia in the fall of 2021, and a plan for the elver fishery was approved in the spring of 2022. The department is currently in discussions with these same Treaty Nations and others to reach understandings and authorize MLFPs again in the 2022 commercial lobster fishing season.
Supporting Indigenous-industry relationships around the issue of moderate livelihood fishing is a priority as negotiations and discussions advance on RRAs/RIAs or through MLFPs. To that effect, in October 2020, the Minister of Fisheries, Oceans and the Canadian Coast Guard and the Minister of Crown-Indigenous Relations appointed Allister Surette as Federal Special Representative, as a neutral third party to: gather the different perspectives on the issues contributing to the conflict; seek to build understanding and find common ground in order to reduce tensions between Treaty Nations and industry; and identify opportunities to improve relationships. Mr. Surette submitted his final report and recommendations in March 2021, and DFO has made progress in implementing some of the recommendations.
The Department continues to have regular and frequent meetings at various levels with non-Indigenous fishing industry stakeholders to answer questions about moderate livelihood fishing and provide industry an opportunity to share its views.
In the last Parliament, the House of Commons Standing Committee on Fisheries and Oceans undertook a study on the “implementation of Mi’kmaq treaty fishing rights to support a moderate livelihood.” A report with 40 recommendations was presented to the House in May 2021 before the Committee was dissolved ahead of the September 2021 federal election. Following the election, the newly constituted Committee re-tabled the moderate livelihood report from the previous Parliament in February 2022. A Government Response has been requested by the Committee and is expected to be tabled in the House of Commons in June 2022.

Collaborative fisheries arrangements with Indigenous and non-Indigenous fish harvesters

For the past 30 years, DFO has supported collaborative management capacity for Indigenous partners. The department is also negotiating agreements with Indigenous groups that recognize their rights and the collaborative role they play in fisheries management.

For example, we recently signed a Fisheries Resources Reconciliation Agreement with the Coastal First Nations (CFN). The governance model between DFO and the CFN member nations includes the development of an engagement process with stakeholders in British Columbia and consultation with other First Nations.

Through effective collaboration, we can respond to fisheries pressures driven by climate change, while also delivering on key priorities for my department, like the Blue Economy Strategy and the Pacific Salmon Strategy Initiatives, Marine Conservation Targets, and Reconciliation with Indigenous Peoples.

Background

The Minister’s mandate letter of December 16, 2021 includes a commitment to “[a]dvance consistent, sustainable and collaborative fisheries arrangements with Indigenous and non-Indigenous fish harvesters”.
DFO employs collaborative arrangements with Indigenous peoples across all program areas, employing a variety of tools from participation in decision making to treaty-based defined roles in the fisheries management process.
In the fisheries sector, there has been increasing calls from Indigenous peoples for greater roles in fisheries, underpinned by Canada’s support for the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
The Fisheries Resources Reconciliation Agreement (FRRA) with the CFN was originally signed by the parties in 2019, with a commitment to negotiate and finalize detailed schedules for collaborative fisheries governance and community-based fisheries arrangements. These schedules and other amendments to the FRRA were negotiated between 2019 and 2021, and the Minister and the CFN signatories signed the amended FRRA, including the schedules, in July 2021, fully executing the FRRA on July 26, 2021.
The FRRA is the first of its kind in BC to establish a collaborative fisheries management process by Canada and First Nations in the BC North and Central Coasts, and Haida Gwaii. The governance model between DFO and the CFN member nations includes the development of a collaborative engagement process with stakeholders in British Columbia and consultation with other First Nations.
The Departmental Results Framework is a public reporting tool that includes an expected result in the area of “Fisheries” for “enhanced relationships with, involvement of, and outcomes for Indigenous people”. The department measures progress by the number of agreements or arrangements signed with Indigenous groups, and the number of Indigenous people trained and/or employed through agreements.
Progress and actions toward meeting Ministerial mandate commitments are tracked through a senior executive strategic priorities exercise on a quarterly or as-needed basis, which supports the mandate tracking exercise led by the Privy Council Office.

If pressed for examples of collaboration:

Rights Reconciliation Agreements may provide defined roles for Indigenous communities in the management of fisheries, in collaboration with DFO. For example, additional flexibilities can be a means for Indigenous communities to meet fisheries management objectives that also align with departmental conservation goals.
The Lobster Science Partnership Roundtable (summer 2021) brought together DFO scientists, Indigenous partners, academic and research institutions, industry organizations and provincial government representatives from the Maritimes and Quebec in a collaborative forum to discuss important science research questions and priorities related to lobster.
Efforts to advance DFO’s Pacific Salmon Strategy Initiative are rooted in collaborative partnerships with Indigenous peoples, provincial and territorial governments, harvesters, stewardship partners, academia, environmentalists, and other stakeholders working toward a common goal of stemming historic Pacific salmon declines.

Ahousaht (Five Nuu-chah-nulth) First Nations

The Government of Canada is working collaboratively with the five Nuu-chah-nulth First Nations (which includes Ahousaht) to advance reconciliation through negotiation of a Reconciliation Agreement for Fisheries Resources.

My department has made important progress in implementing the BC Court of Appeal’s 2021 decision. This progress has been incorporated in the recently released 2022 Five Nations Multi-Species Fishery Management Plan.

We look forward to continuing to work collaboratively with the Five Nations in implementing their rights-based sale fishery.

Area E crab - reduction in commercial trap limits

In April 2021, the BC Court of Appeal decision required DFO to reassess the crab allocation for the Five Nuu-chah-nulth First Nations. DFO completed that assessment and proposed to increase the Five Nations’ crab access. DFO consulted with the Five Nations and the commercial crab fleet on the proposal before implementing a portion of the increase this April.

The Department is working to mitigate the additional crab access provided to the Five Nations through voluntary commercial licence relinquishment. However, this will take time and full mitigation for the overall crab amount is not yet in place.

Without full mitigation in place, commercial trap allocations for commercial licence holders will be reduced for the 2022 fishing season to ensure the total trap limit for the management area is not exceeded. Increasing the overall number of traps in the area is not an option as it will increase fishing pressure on the stock, and will not meet our sustainability objectives.

To reflect the Five Nations’ fishing capacity and facilitate an orderly transition that completes the voluntary licence relinquishment process, the increase to the Five Nations’ crab access will be phased in over one year. A portion of the increase has been implemented as of this April. The balance of the increase will be implemented for the 2023/24 fishing season.

Background

Ahousaht (Five Nuu-Chah-Nulth) First Nations

In a decision dated November 3, 2009, the Supreme Court of British Columbia (BCSC) found that the Plaintiffs, five Nuu-chah-nulth First Nations on the west coast of Vancouver Island, have an Aboriginal right to fish for any species of fish (excluding geoduck) within their court-defined fishing territories [which extend offshore nine miles] and to sell that fish.
Following the establishment of the right, the Five Nations and federal officials entered into negotiations and at the request of the Five Nations, a new negotiation process was launched in March 2017. On September 10, 2019 the Five Nations and Canada concluded an Incremental Reconciliation Agreement for Fisheries Resources.
Throughout this time period, numerous other court actions have occurred, including the Five Nations seeking an injunction through federal court challenging DFO’s in-season Chinook salmon total allowable catch (TAC) adjustment, which increased the Area G commercial TAC for Chinook. On August 16, 2019, the injunction motion was dismissed by the court. In light of this decision, DFO managed that year’s salmon fishery respecting both the Fisheries Management Plan (FMP) for the Five Nations’ rights-based fishery and the Integrated Fisheries Management Plan (IFMP) that guides management of the broader salmon fisheries on the Pacific coast.
DFO has and will continue to consult with Five Nations as it reviews and revises FMPs annually.
The 2022/23 FMP is in place and rights-based sale fisheries are ongoing for salmon, groundfish, crab, and gooseneck barnacles. Fisheries for prawn and Sea Cucumber will occur later in the season.
Canada and the Five Nations will continue to meet on a regular basis to negotiate a comprehensive reconciliation agreement for fisheries resources (RAFR) that includes, but is not limited to, increasing fishery access, a community-based fishery and collaborative governance. A Reconciliation Funding Agreement is in place for 2022-23.

Area E Crab - Reduction in commercial trap limits

As a result of the April 2021 BC Court of Appeal decision that directed DFO to reassess the crab allocation for the Five Nuu-chah-nulth First Nations within the Court Defined Area, the Department has increased the Five Nations’ crab allocation, which has a commensurate impact on commercial crab fishers in Crab Management Area E-Tofino (“Area E”) starting on April 1, 2022. The department is using a phased approach and will implement a portion of the allocation increase in the 2022/23 fishing season, and the balance of the increase in the 2023/23 fishing season.
The Department understands the socio-economic impacts that this has for the regular commercial sector, and is working as quickly as possible to fully mitigate the impacts through voluntary licence relinquishments. However, this will take time and full mitigation is not in place for the start of the 2022-23 commercial crab season.
On December 2, 2021, the Department reached out to the commercial crab sector about impacts in Crab Management Area E-Tofino starting on April 1, 2022 as a result of implementing the result of the BC Court of Appeal decision, which will see an increase to the Five Nations’ crab allocation within the Court Defined Area.
Reaction has been strong as the Department did not have the resources to mitigate the impact of this increase in time for April 2022; however, the Courts stated an inability to mitigate access is not a justifiable reason to delay providing access needed to accommodate the right.
In response to meetings the Department held with the commercial sector on December 15 and 23, 2021, the commercial sector sent a letter recommending: 1) licence relinquishment prior to providing increased access to the Five Nations, 2) an increased in the trap limit in Area E, 3) a reconsideration of the Five Nations’ allocation, and 4) compensation for affected licence holders in Area E.
Unfortunately, none of the options presented by the commercial sector are possible: increasing crab traps would compromise the fishery management regime; percentages being offered to the Five Nations are reasonable based on analysis of the court decision; and the Department does not compensate for losses, but is looking to mitigate the allocation as soon as funding is available.
The crab fishery management regime is comprised of effort controls (i.e., crab trap limits and vessel length restrictions), and time, area, and haul frequency restrictions in order to remain consistent with conservation objectives for the fishery.
Conservation objectives focus on maintaining productivity in areas and times where high levels of handling result in mortality of female, undersized and soft-shell crab, and maintaining sustainability of the fishery through trap allocations.
Increasing the total number of crab traps, as proposed by the BC Crab Fishermen’s Association, would increase fishing pressure on the stock by allowing more traps in the same area at the same time, which can have negative impacts on stock productivity.
Increasing the number of traps would also escalate impacts on navigation, and increase the risk of gear fouling, lost gear, and whale entanglement. DFO continues to receive concerns about floats and lines as navigational hazards in small craft harbours, and outside coastal First Nations and non-Indigenous communities.
The current Area trap limits were established in 2017 due to an increase in vessels selecting Area E-Tofino, which resulted in an increase in vessel traffic, crab trap congestion, gear conflict, and increased handling of crab. Redistributing the trap cap to the outside will not support smaller vessels that typically fish in more sheltered, inside waters.

Increasing First Nation participation in the commercial elver fishery

The Department’s priority continues to be further implementation of treaty-based fishing rights in a way that aligns with conservation objectives and supports safe, orderly, and peaceful fisheries.

The commercial elver fishery is unique. It has seen exponential growth in value over the past decade and lower costs in gear or vessels to enter, compared to other fisheries. As such, the elver fishery presents a potential avenue to increase Indigenous participation in commercial fisheries to pursue a moderate livelihood.

As a result, for the 2022 season, I have reallocated 1,200 kg of the total allowable catch to support increased Indigenous participation in the commercial elver fishery.

As discussions continue between Fisheries and Oceans Canada officials and First Nations communities concerning elver access for the 2022 season, my Department will also engage all licence holders to determine a longer term approach for 2023.

Background

American eel is currently being considered for listing as a threatened species under the Species at Risk Act (SARA). If listed under SARA, automatic prohibitions would come into play: 1) against killing, harming, harassing, capturing or taking an individual; and, 2) against possessing, collecting, buying, selling or trading them. In addition, recovery planning requirements would apply, and (once critical habitat is identified) a ministerial order would be required to trigger a further prohibition against critical habitat destruction.
[Information was severed in accordance with the Access to Information Act.]
If American eel were to be listed, exemptions to SARA prohibitions could only be considered if information was available that indicated that the activity would not jeopardize survival and recovery of the species. However, it is important to note that commercial fisheries could not, in effect, be exempted from application of the prohibitions in this way because exemptions can only be applied to federally-permitted activities, which do not include sale of caught fish.
Because all American eel originate from the same spawning location in the Sargasso Sea and are therefore all of the same genetic makeup, they are considered a single global population. American eel was therefore assessed as threatened in 2012 by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) as a single Designatable Unit (or population) in Canada. When migrating, American eels are not affiliated with any particular river system. For these reasons and despite claims by some to the contrary, the science points to the fact that, regardless of the life-history stage (larval, juvenile (elver) or mature) and regardless of geographic location (e.g., Atlantic Ocean, freshwater rivers, Great Lakes) all individuals contribute to this one threatened population. Threats and population declines in one area, even if not evident elsewhere, impact the entire population.
Concerns have been expressed by the elver fishing industry that a SARA listing of American eel as threatened, would result in significant socio-economic impacts resulting from closure of the fisheries. The elver industry maintains that the threats to American eel occurs at the later stages of their life-cycle (mature eel stage) and that the elver population is healthy.
In terms of a potential listing of the American eel under SARA, the Government of Canada decision-making must reflect the scientific Designatable Unit structure as defined by COSEWIC. Listing only a life stage of American eel or a geographic range of American eel is not possible under SARA as it is currently written. Regardless of whether listed under SARA, American eel fisheries are managed under the Fisheries Act.
Fisheries and Oceans Canada (DFO) authorizes a commercial elver (eel under 10 cm) fishery in portions of New Brunswick and Nova Scotia.
All food, social, and ceremonial (FSC) licences in the Maritimes Region include a minimum size for American eel. Therefore, elver fishing is not permitted under an FSC licence, nor is sale of fish permitted under an FSC licence.
The elver fishery is managed by the Maritimes Region with a total allowable catch (TAC) for the fishery and at a site-specific level with river catch limits set for each fishing location (rivers, streams, brooks) found in a commercial licence.
In April 2020, the number of fishers outside the commercial fishery neared the number of participants in the commercial fishery.
Fishing disputes and threats of violence were reported to DFO Conservation and Protection and local police.
In 2020, Fisheries Management Orders were signed by the Minister closing the elver fishery due to threats to conservation and the proper management and control of the fishery.
DFO staff are currently reviewing the management of the American eel fishery, including elver harvesting activities. The Department has implemented a minimum size limit (>10cm) for American eel in FSC licences in DFO’s Maritimes Region, which prohibits FSC fishing for elvers.
Assertions of rights-based fishing were reported in the Maritimes Region in 2021 and were subject to enforcement response in some cases. A total of 47 people were arrested or investigated for unauthorized elver fishing in 2021, and a total of 127 kg of unauthorized elver were seized along with vehicles and other equipment. These files were turned over to the Public Prosecution Service of Canada (PPSC) for their review and decision as to whether to proceed to court. Unauthorized elver fishing is anticipated to occur at similar or greater levels again during 2022 fishing season (mid-March to July) if there is no meaningful progress made to secure access to this resource for First Nations with active interests in fishing elver in pursuit of a moderate livelihood.
In February 2021, the Department requested expressions of interest from commercial elver licence holders who wished to voluntarily reduce their participation in the fishery in exchange for a financial arrangement, of which seven of the nine licence holders submitted proposals. In order to assess the proposals, DFO procured a licence valuation report from an independent third party. In the end, none of the proposals were pursued as the submissions were significantly in excess of the valuation. So much so that a second round of requests for proposals was considered but rejected as it would almost certainly have not resulted in a more favourable outcome.
DFO has received a request to consult on Moderate Livelihood Fishing Plans for elver from the Kwilmu’kw Maw-klusuaqn Negotiation Office (KMKNO), on behalf of three Nova Scotia First Nations.
The Wolastoqey Nation in New Brunswick (WNNB) has submitted a proposal that includes commercial access to elver, and aquaculture with the intention to reintroduce access to support FSC fisheries for adult eel.
On Tuesday, April 13, 2021, the then Minister communicated with media that negotiations go beyond just lobster and includes all species. Further, she stated that DFO will continue to work with communities via negotiations to see if there is a way to exercise that right.
On February 24, 2022, DFO sent a letter to existing commercial elver licence holders explaining the Department was considering an interim measure for 2022 of individual quota reductions for current licence holders so that Indigenous commercial communal access to the fishery could be increased. The letter requested written feedback from those who wished to make representations to be considered before a decision was made. All nine licence holders provided written representations and they are now being analyzed by DFO staff.
On March 28, 2022, the Minister decided to reallocate 1,200kg of the 2022 elver quota to be redistributed to increase Indigenous participation in the fishery, and to date one (1) licence to support this access has been issued in support of the Kespukwitk Elver Livelihood Fishing Plan and negotiated with the KMKNO in support of fishing by Acadia, Bear River, and Annapolis First Nations. Discussions with WNNB and other interested First Nations will commence in the coming days.

Issuance of a fourth Arctic surf clam licence

Due to an increase of the 2016 total allowable catch, of Arctic surf clam, Fisheries and Oceans Canada (DFO) sought to create a fourth licence as triggered by the Integrated Fisheries Management Plan.

In keeping with the Government of Canada’s effort to advance Indigenous reconciliation and DFO’s objective to increase the participation of First Nations in the commercial fisheries, plans were established to launch an Expression of Interest process for the fourth licence opened only to Indigenous interests.

Following the sale of Clearwater and the reissuance of the three existing Arctic surf clam licences to FNC quota, the Coalition of seven Atlantic Mi’kmaq First Nations now has the full access to this fishery.

Given that the goal to increase Indigenous access to fishery has been achieved through the market, the planned Expression of Interest has been cancelled to support a predictable Arctic surf clam fishery, for employees and the communities involved.

Background

The offshore Arctic surf clam fishery is worth approximately $100 million annually. It is estimated that the fishery employs 452 individuals in clam operations across Atlantic Canada, with 187 employees on land and 265 vessel-based.
In 2017, notably as part of its efforts to advance Indigenous reconciliation, the Department sought to reconfigure access within the existing TAC by creating a fourth licence that would be issued to an Indigenous entity in Atlantic Canada and/or Quebec. The three existing licences were held directly or indirectly by one company, Clearwater Seafoods Incorporated.
In 2018, the Department launched an Expression of Interest process to identify a holder for the fourth Arctic surf clam licence. The process was cancelled later and no further process was undertaken.
Starting in 2018, 25 per cent of the TAC has been set aside at the beginning of each fishing season to provide for this potential new entrant. However, in the absence of a fourth licence, the Department has continued to allocate the full TAC across the three existing licences annually.
In March 2019, Clearwater Seafoods announced that it had entered into an agreement with 14 Mi’kmaq communities (13 in Nova Scotia and one in Newfoundland and Labrador), regarding the possible fourth licence.
The agreement provides for revenue sharing, employment and training, and development for the Indigenous participants. The agreement provides that the Indigenous communities would retain control of the rights and privileges conferred under the licence, and contemplates the use of Clearwater’s sale and distribution system for the fish caught under the fourth licence.
In 2021, following the sale of Clearwater Seafoods, the three existing Arctic surf clam licences were reissued to FNC Quota Limited Partnership (FNC Quota), wholly-owned and controlled by seven Atlantic Mi’kmaq First Nations. The new ownership of Clearwater has committed to preserve the agreement with the 14 Mi’kmaq communities regarding the possible fourth licence.
In light of the new reconfiguration of the Arctic surf clam fishery with 100 per cent of the licences and associated quota between the hands of several First Nations communities, the Minister has decided to end the process to issue a fourth licence as the goal of increasing Indigenous access is achieved. The full TAC will, from now on, be attributed to the three existing licences to support a predictable fishery for the new licence holders (FNC Quota), the employees, and the communities involved.

Nunatsiavut Government seeking access to the Northern shrimp fishery

We are committed to working towards a renewed Crown-Inuit relationship, based on recognition of rights, respect, co-operation, and partnership.

Fisheries and Oceans Canada (DFO) is aware of the Nunatsiavut Government’s request for a shrimp allocation in the Eastern Assessment Zone.

Decisions for the Northern shrimp fishery take into consideration obligations of all applicable land claims agreements, including in respect of allocations.

The Department recognizes that the Nunatsiavut Government interprets some requirements of the Labrador Inuit Land Claims Agreement differently and we remain open to continuing discussions to better understand its views.

Background

The Nunatsiavut Government (NG) has intensified longstanding efforts to secure a shrimp allocation in the EAZ. The NG’s objective is to seek access to the EAZ at large, specifically by way of an allocation amounting to 11 per cent of the overall total allowable catch (TAC) for two shrimp species (Pandalus borealis and P. montagui).
The NG currently has direct access to the offshore Northern shrimp fishery through proportional shares of quota in Shrimp Fishing Areas (SFA) 4 and 5, at 10.0 per cent and 9.9 per cent, respectively. The NG also benefit partially with interests in the Northern Coalition, a collective of interests/members, who hold a special allocation in SFA 5.
The NG, and Nunatsiavut Inuit interests more broadly, accrue additional fishery interests from 1.5 offshore licences held by Labrador Inuit fishing enterprises (namely, Pikalujak and Torngat Fish Producers Co-op). Interest in these offshore licences provides access to all SFAs and the EAZ, with the exception of the WAZ.
There has historically been a difference of views between the NG and DFO officials as to whether specific provisions of the Labrador Inuit Land Claims Agreement (LILCA) have been triggered that would provide the NG with proportional access to this fishery. The NG has put forward a case for an allocation within the EAZ based on adjacency. However, the LILCA does not compel access on the basis of adjacency but rather only:
- if additional shrimping licences are issued in the area or;
- if there is a change to the system of allocating commercial opportunities in the area.
DFO’s position has been that neither of those provisions have been triggered at any point. Were the Department to consider a discretionary allocation to the NG in the EAZ, that decision would take place in the context of several key factors including existing allocations to rights holders and stakeholders, and obligations under other applicable land claims in the EAZ, namely, the Nunavut Agreement (NA) and the Nunavik Inuit Land Claims Agreement (NILCA).

Sale of Clearwater Seafoods Incorporated

After the sale of Clearwater Seafoods Incorporated, a request was made to the Department for the reissuance of fishing licences and associated quota to a Coalition of seven Atlantic Mi’kmaq First Nations.

As with any application for licence reissuance in fisheries within or adjacent to waters to which there are land claims agreements, the Department has engaged with all northern interests to ensure their views and all relevant treaty obligations are taken into consideration on the final decision.

After a thorough review process, taking into account all relevant factors, the request was approved by my predecessor to reissue Clearwater’s licences and associated allocations to FNC Quota, a company wholly owned by the Atlantic Mi’kmaq Coalition.

My department continues to engage with Indigenous groups to explore various means that could facilitate the access to fisheries in support of reconciliation and strengthen partnerships amongst First Nations and non-Indigenous fishers.

Background

On November 9, 2020, Clearwater announced the sale of the company to seven Atlantic Mi’kmaq First Nations and Premium Brands Holdings Corporation, with each owning 50 per cent of Clearwater. The sale was completed on January 25, 2021, after additional independent reviews by the Competition Bureau of Canada as well as the Nova Scotia courts.
On January 26, 2021, a formal request was sent to Fisheries and Oceans Canada (DFO) by Clearwater to reissue Clearwater’s midshore and offshore Canadian fishing licences in the name of the new owners, the Mi’kmaq coalition. The Mi’kmaq coalition formed the First Nations Coalition Quota Limited Partnership (FNC Quota) for the purpose of holding the acquired licences.
The Clearwater sale is the result of a willing buyer/willing seller transaction, and represents, as expressed by Chief Terry Paul, “the single largest investment in the seafood industry by any Indigenous group in Canada.”
The Mi’kmaq First Nations have borrowed from the First Nations Finance Authority (FNFA) in order to finance the purchase of the company. Clearwater and FNC Quota have indicated that the inclusion of all Clearwater licences and associated allocations was a key factor in the deal and fundamental to the ability for FNC Quota to have access to capital through FNFA.
The Clearwater sale was also seen by Nunavut interests, including the Government of Nunavut as a major opportunity to increase their access to fisheries in waters adjacent to Nunavut. To that effect, Nunavut interests have written to the Minister on several occasions, requesting that Clearwater licences and allocations for fisheries in the north be provided to them. Some licences held by Clearwater have associated quota that is fishable in areas directly outside the Nunavut Settlement Area or partly within Zone I of the Nunavut Agreement.
As any licence reissuance request that entails a transfer of commercial fisheries access in Zone I (and Zone II) triggers section 15.3.7 of the Agreement, a detailed review of this matter has been conducted by the Department to take into account all relevant considerations, including a special consideration to the principles of adjacency and the economic dependence of Nunavut communities and residents on marine resources, and the views expressed by stakeholders.
Following a six months in-depth analysis of this reissuance request against all criteria set out in licensing policy, Integrated Fisheries Management Plans, and the administrative guidelines that govern the affected fisheries, as well as the review of all relevant land claims agreements, the request was approved by the Minister of Fisheries and Oceans Canada (DFO) on July 16, 2021, and Clearwater, FNC Quota and Nunavut interests notified in writing on July 30, 2021 of the decision.
Following the receipt of the notification, the NTI and the QIA have applied for judicial review in the Federal Court seeking an order setting aside the Minister’s July 16, 2021, decision to approve the reissuance of offshore and midshore licences and associated allocations from Clearwater to FNC Quota.

Canadian Coast Guard

Emergency response readiness

The Canadian Coast Guard is responsible for ensuring the safety of mariners in Canadian waters resulting in contributing resources to emergency management.

The renewal of the Oceans Protection Plan, including Canadian Coast Guard’s Coastal Marine Response Network, will further advance the Government’s ability to prepare for, mitigate, and respond to, incidents and hazards.

The Canadian Coast Guard will continue to work in a coordinated manner with Indigenous and non-indigenous coastal communities and partners to support improvements to the emergency response regime.

Enhanced readiness and coordination with all partners, including Indigenous Communities, leads to more effective responses to better serve Canadians and to reduce the economic and environmental impacts of incidents across Canada.

Background

Through the renewal of the Oceans Protection Plan, the Canadian Coast Guard (Coast Guard) is advancing a suite of initiatives under the Coastal Marine Response Network that will augment marine emergency response capacity across Canada. This will build a network of marine emergency responders, including Indigenous and coastal communities. This increased response capacity will be achieved through support for training, on-water exercises, funding for response equipment and tools to build a network of responders across Canada, with a particular emphasis on remote communities.
The Coast Guard is working with partners and building on previous investments and initiatives to strengthen its Emergency Response Readiness across multiple response programs. Elements to ensure effective readiness include having the right resources, both personnel and equipment; developing mature response plans, policies and procedures; completing relevant training and exercising; and having personnel poised to respond to emergencies on short notice.
Training: Coast Guard provides operational training to staff to support effective emergency response preparedness. Training focuses on environmental response, search and rescue and the Incident Command System. Coast Guard also provides training to partner agencies to align best practices and conduct exercises in order to better coordinate responses to emergencies.
Response Planning/Resources: Coast Guard consistently and effectively leverages its wealth of operational knowledge, experience, and modern equipment when responding to emergencies. A hierarchy of plans, policies and procedures guides Coast Guard in effectively responding to emergencies, either individually or in collaboration with other partner agencies. Additionally, Coast Guard is assembling an Emergency Management Planning team to oversee and update response specific documentation to align internal response plans and provide support for efforts to further develop a coordinated whole-of-government approach to emergency response.
Response Mobilization: Coast Guard’s mobilization and coordination for emergency response is initiated through its various operations centers across the country as well as the National Coordination Centre and uses existing relationships, processes and procedures to respond to emergencies either individually or in collaboration with other first responders. For whole of government responses, the Government Operations Centre at Public Safety provides the coordination role amongst implicated departments and agencies.
Response Coordination: Coast Guard has well-established the Incident Command System capacity that allows for effective integration and coordination with partners during incident response. The well-established principles and features of Incident Command System enable representatives from various departments with different mandates to come together and work harmoniously using a single methodology.

Maritime safety

The Canadian Coast Guard is responsible for ensuring the safety of mariners in Canadian waters.

The Canadian Coast Guard’s maritime safety programs are mandated under the Oceans Act and the Canada Shipping Act. Programs include: aids to navigation, waterways management, environmental response, icebreaking, marine communications and traffic services (MCTS), search and rescue, and support to other federal departments, boards and agencies through the provision of ships, aircraft and other services.

The Canadian Coast Guard’s maritime safety responsibilities are aligned with Transport Canada, as the national regulator of marine transportation. The Canadian Coast Guard is responsible for implementing Transport Canada’s Vessel Traffic Services Regulations through its MCTS program for the safe, efficient, and economical movement of vessels in Canadian waters.

The Canadian Coast Guard leads the maritime component of the federal search and rescue system with the support of partners including, the Department of National Defence, the Canadian Coast Guard Auxiliary, and Indigenous responders. Coast Guard provides maritime search and Rescue services 24-hours a day, seven days a week and responds on average to 6,000 calls for assistance annually.

Background

Coast Guard’s mandate and program authorities are conferred under the Oceans Act, 1996; the Canada Shipping Act, 2001; and, Constitution Act, 1982. Coast Guard is responsible for key maritime safety programs such as aids to navigation, waterways management, marine pollution response, icebreaking, marine communications and traffic services (MCTS), search and rescue, and support of other federal departments, boards and agencies by providing ships, aircraft and other marine services.

Marine Navigation Programs

Coast Guard’s Marine Navigation Programs provide the foundation for safe and efficient marine navigation in Canada’s oceans and waterways and include the following programs:
- The Marine Communications and Traffic Services (MCTS) program provides safety radio-communication services, and vessel traffic services on a 24/7/365 basis.
- The Aids to Navigation program provides over 17,000 short-range marine aids, including visual aids such as fixed aids, lighthouses and buoys), audible aids such as fog horns, radar aids such as reflectors and beacons, and long-range marine aids, including electronic aids.
- The Waterways Management program provides channel management and design to ensure optimization and accessibility of waterways and contribute to their safe use.
- The e-Navigation team supports CCG fleet and programs to improve shipping through better organization and exchange of data and communications between ships and with shore.
- The Icebreaking program provides icebreaking and related services to facilitate the safe and timely movement of maritime traffic through and around ice-covered Canadian waters for the benefit of industry and communities.
Coast Guard marine safety responsibilities are also aligned with Transport Canada legislation and regulations to ensure a whole-of-government approach to marine safety.
Transport Canada regulations underpin activities in Canadian waterways, direct the behaviour of vessel operators, and shape expectations for the delivery of marine navigation services. Coast Guard is responsible for implementing Transport Canada’s Vessel Traffic Services (VTS) Regulations through its MCTS program for the safe, efficient, and economical movement of vessels in Canadian waters. These regulations are also linked to Coast Guard’s implementation of e-Navigation.
Coast Guard is participating in Transport Canada’s process to review and update VTS regulations to ensure a modern approach to maritime safety and vessel traffic services.
Canadian Coast Guard is an organization committed to the safety and security of its employees, property and environment. CCG uses integrated safety management system (SMS) on board vessels and at shore-based locations. The SMS allows an effective safety culture by providing structured and integrated approach to control safety risks in operations to prevent workplace injuries, illness and fatalities and to maintain safe operations. The CCG SMS includes policies and procedures for hazard identification, incidents reporting, risk management and monitoring compliance.

Environmental Response

Environmental Response is the operational arm of the Coast Guard responsible for ensuring an appropriate response to ship-source, oil handling facilities during loading or unloading to ships, and pollution incidents where the source is unknown in Canadian waters.
The Coast Guard assumes an on-water response presence when the polluter is unavailable, unable, or unwilling to do so.
Canada has adopted the polluter pay principle in legislation and requires polluters to pay for the cost of marine cleanup and pollution damage. Coast Guard’s costs with respect to the response may also be recovered from the polluter.
An industry funded pollution response capacity exists whereby potential polluters pay for the cost of preparedness for the environmental risk posed by their operations. These costs support the capacity of the Response Organizations. Response Organizations are certified every three years by Transport Canada.
Environmental Response works collaboratively with First Nations and coastal communities to develop area response plans, notification processes and provide training and equipment.
Environmental Response integrates science and local Indigenous knowledge into preparedness and response activities.

Search and Rescue

In Canada, Search and Rescue is a shared responsibility among federal, provincial/territorial and municipal organizations, as well as volunteer organizations.
The Canadian Coast Guard is responsible for the provision of the maritime^{Footnote 1} component of the federal Search and Rescue system, including coordination of an effective response, provision of response resources, as well as monitoring distress communications through MCTS centres and relaying these to rescue centres for action.
Working together with the Canadian Armed Forces, the Coast Guard operates three Joint Rescue Coordination Centres, located in Halifax, Trenton, and Victoria. These jointly staffed centres are manned 24-hours a day, seven days a week.
Furthermore, the Canadian Coast Guard operates two Maritime Rescue Sub-Centres in Quebec City, and St. John’s NL to further assist with coordination efforts.
The Coast Guard operates 45 dedicated Search and Rescue stations, including a hovercraft station (Sea Island/Vancouver, British Columbia) with Coast Guard’s only dive team (available 24/7), 26 seasonal inshore rescue boats and patrol mode vessels provide SAR coverage for 6 offshore SAR zones. These primary SAR assets maintain a 30-minute or less reaction time.
Plus, more than 80 multi-tasked vessels and 22 helicopters are able to provide additional SAR capacity (secondary SAR resources must achieve a one hour reaction time).
Additionally, the Canadian Coast Guard Auxiliary (CCGA), a national network of non-profit organizations, augments on-water response capacity with more than 4,000 volunteers operating about 1,000 vessels across Canada, including units within more than 30 Arctic communities. The CCGA responds to on average 25% of all calls for maritime assistance annually.
The Indigenous Community Boat Volunteer Pilot Program (ICBVP) provided Indigenous communities with funding to purchase vessels and equipment required to establish or enhance their on-water SAR capabilities as members of their local CCGA organizations.
ICBVP was launched nationally in 2017-18; the southern portion of the project was previously funded under the 2014 World Class Tanker Safety System, and the Arctic expansion was funded under Canada’s 2016 Oceans Protection Plan (OPP). This four-year pilot program was set to expire in March 2021. However, Budget 2021 identified $2.3M in funding for the continuation of the ICBVP for one more year to align with other OPP projects, which ended March 2022.
Under the ICBVP, more than 40 Indigenous communities were provided almost $12M in funding to support them in establishing or enhancing their on-water response capacity.

Canadian Coast Guard College

The Canadian Coast Guard College, under the direction of the Personnel Branch, is responsible for the delivery of training for Operational personnel. This includes the Officer Training Program and the Marine Communications and Traffic Services program. The CCGC also provides training for Search and Rescue and Environmental Response.
The training is designed to meet the certification standards for Canadian Seafarers, as administered by Transport Canada, as a signatory to the International Maritime Organization’s STCW 1995 Convention. This ensures the availability of highly certified marine personnel to provide program delivery critical to maintain a safe and secure marine environment.
The CCGC is committed to taking an active and intentional approach to the identification, development, design and delivery of training opportunities to meet current and projected needs of the Canadian Coast Guard.
The Training Development and Academic Support (TDAS) is a new College Directorate created to support the modernization of the learning environment as well as the delivery of learner support services. This will ensure that Coast Guard personnel are fully capable of performing their jobs effectively, and are assisted in making their career and personal aspirations a reality – a key factor in the recruitment and retention of a high caliber work force, regardless of geographical work location.

Pacheedaht First Nation Marine Safety Centre

The Canadian Coast Guard (CCG) and Pacheedaht First Nation (PFN) are working together to develop a multi-purpose marine response facility (Marine Safety Centre (MSC)) in Port Renfrew, located in PFN's territory on western Vancouver Island in British Columbia.

The MSC is part of a Trans Mountain Expansion project accommodation measure. CCG and PFN signed a Memorandum of Understanding in June 2020 which outlined a shared vision for the MSC.

The MSC will provide marine search and rescue and environmental response services, strengthening marine safety and response capacity in the Juan de Fuca Strait.

Collaborative discussions are ongoing to establish the MSC. The Government of Canada remains committed to enhancing response capacity in the Port Renfrew region to keep mariners safe and protect the coast of British Columbia.

Background

The Port Renfrew multi-purpose marine response facility (Marine Safety Centre, or MSC) began as a search and rescue (SAR) station approved under the 2016 Oceans Protection Plan.
An accommodation measure under the 2019 reconsideration of the Trans Mountain Expansion (TMX) project expanded the scope to include environmental response services to address Pacheedaht First Nation’s (PFN) concerns over oil spills.
In a letter to PFN dated August 12, 2019, the former Minister of Fisheries, Oceans and the Canadian Coast Guard confirmed the Department’s commitment to work with PFN to realize the shared vision for the MSC.
PFN has been very clear that in addition to the TMX accommodation, the MSC must enable the much-needed economic development opportunities for the Nation to achieve reconciliation (e.g., tourism, employment, lease revenues). The MSC, in PFN’s opinion, must also enable PFN to regain control of and protect sacred burial caves with historical and cultural significance to the Nation.
The land requirement for the MSC supported by the Ocean Protection Plan initiative and the accommodation measure differs greatly from the land requirement for the MSC envisioned by the PFN.
The MSC would strengthen Coast Guard’s capacity in the Strait of Juan de Fuca, enabling a timelier response to a marine incident, and enabling PFN’s participation in response to a marine pollution incident.
A joint Memorandum of Understanding (MOU) between PFN and Coast Guard was signed on June 29, 2020, capturing the shared vision for the MSC and highlighting the relationship and partnership between the two organizations. The MOU also outlines a governance structure, roles and responsibilities and facilitates a consensus-based decision-making process throughout the development of the MSC.
Land purchase discussions for the placement of the MSC remain active and ongoing.
The October 2021 fire aboard the M/V Zim Kingston and subsequent loss of 109 cargo containers approximately 38 nautical miles west of Juan de Fuca Strait entrance have caused the PFN to press for a renewed focus to expedite establishment the MSC.
Coast Guard continues to engage with the PFN on multiple subjects. On March 29, 2022, an introductory meeting took place between Coast Guard’s new Assistant Commissioner (AC) of Western Region and PFN’s leadership, including Chief Jeff Jones. This meeting was positive and both organizations expressed a desire to continue discussions on the MSC. A subsequent in-person meeting has been scheduled for May 10, 2022 and senior management from the Coast Guard Western Region, including the AC, and PFN leaders are expected to attend. Agenda topics include land acquisition options; SAR and environmental response capability plans, partnership and relationship-building, and identifying action items for the next three months.
During the 2021-22 fiscal year, under the Co-Developing Community Response TMX accommodation measure, Coast Guard provided over $640,000 in contribution funding (Vote 10) to PFN for on-going engagement relating to TMX issues, including the MSC, as well as for assessment work related to property acquisition in support of the MSC.

Aquaculture

Federal Aquaculture Act

My department is continuing to work to develop Canada’s first ever Aquaculture Act, in line with my mandate letter from the Prime Minister.

I am committed to the sustainable development of the aquaculture sector in Canada, governed by a strong and modern regulatory regime that respects existing jurisdictions and regional differences.

If pressed:

We will continue to engage with provinces, Indigenous groups, and other partners as we work to develop an Aquaculture Act, and will keep Canadians informed of our progress.

Background

The Minister’s mandate letter includes a commitment to continue work to introduce Canada’s first-ever Aquaculture Act.
The development of an Aquaculture Act responds to recommendations from the Standing Senate Committee on Fisheries and Oceans in their 2016 report Ocean of Opportunities, and the February 2017 report of the Advisory Council on Economic Growth, to provide greater clarity and bring more visibility to the sector.
The Department has engaged widely to identify priority issues for an Aquaculture Act.
The latest round of engagement took place between August 2020 and February 2021, anchored by a discussion paper and a “What We Heard” report summarizing engagement to date. A summary of these engagement sessions was made public on Fisheries and Oceans Canada’s website in the spring of 2022.
Engagement of Indigenous partners is ongoing and the Department will carefully consider the input received.

Marine finfish licence reissuance

On June 30, 2022, licences issued under the Pacific Aquaculture Regulations to produce marine finfish in British Columbia will expire.

The Department has finalized engagement with the Province of BC, First Nations, industry, and environmental groups to inform updates to licences. I will announce decisions concerning the reissuance of licences and conditions of licence ahead of the June 30th licence expiry.

I recognize that these decisions have implications for the companies, workers, and communities in the region. Decisions will be made with an open mind, carefully balancing multiple considerations.

We will continue to work with provincial and Indigenous partners on several initiatives to advance sustainable aquaculture management in British Columbia that will protect wild salmon and jobs in coastal communities.

Background

In 2015, the Government introduced multi-year licensing for British Columbia (BC) aquaculture, and the majority of marine finfish (MFF) licences and associated conditions of licence were issued in 2016 for six-year terms, with expiry dates of June 30, 2022.
The exceptions were 19 farms located in the Discovery Islands, which have been issued annual licences since 2010. During that time, research was conducted on the risk of pathogen transfer from farms to migrating Fraser River sockeye. This research demonstrated no more than minimal risk to wild stocks.
On December 17, 2020, those Discovery Island licences were renewed to align with the other licence expiries in BC. Following consultations with First Nations, the Minister indicated her intention not to renew those Discovery Islands licences after the June 2022 date.
In 2018 the BC Government, First Nations in the Broughton Archipelago, and the aquaculture industry concluded a Letter of Understanding which will see the decommissioning of up to 17 sites by 2023.
In 2019, the Province committed to a policy requiring that by June 30, 2022, for the purpose of future tenure renewals and new tenure approvals, MFF aquaculture applicants must have negotiated agreements with the First Nation(s) in whose territory the proposed tenure is located and that the applicant must satisfy Fisheries and Oceans Canada (DFO) that operations will not adversely impact wild salmon stocks (satisfied by having a valid DFO licence).
DFO was not involved in the Broughton process, nor the BC provincial policy for future tenure renewals.
Departmental staff have finalized engagement on MFF licence reissuance. Decisions on the reissuance of MFF licences, with updated conditions of licence, will be required ahead of the June 30, 2022, expiry date.
Of the 112 tenures currently leased for MFF aquaculture in BC, approximately 30 per cent have or will expire before June 30, 2022, with the remainder expiring afterwards.

Net-pen aquaculture transition in British Columbia

The protection of wild Pacific salmon is a priority for our Government. Jobs in coastal areas and a sustainable aquaculture sector are also priorities for this government. With that in mind, we will be developing a responsible plan to transition from open net-pen salmon farming in coastal British Columbia waters by 2025.

Former Parliamentary Secretary Beech held engagements in early 2021, and his report was published in July 2021. This will form the foundation of a responsible transition plan, which my Department is working on.

Budget 2021 provided $20 million to support broader engagement on the transition plan, which will occur in the very near future.

Fisheries and Oceans Canada will continue to work with BC, First Nations, and stakeholders to develop a sound plan that is environmentally, economically, and socially responsible.

Background

Conserving Pacific salmon and their habitats is a top priority for the Government of Canada. The sustainability of salmon stocks has been of particular concern, as abundance of Pacific salmon have generally declined since the early 1990s.
There are continued calls from numerous groups about the need for transformative action to address Pacific salmon declines. Along with ecosystem changes, other factors that can affect wild salmon include fisheries, hatcheries, disease, and contaminants. There are many gaps in our understanding regarding how all factors act – alone or cumulatively – to affect salmon population trends, and how these factors interact with climate change.
Budget 2021 announced $647 million for the Pacific Salmon Strategy Initiative (PSSI) aimed at supporting conservation, habitat restoration, and salmon enhancement, among other activities. Marine finfish aquaculture is outside the scope of the PSSI, but is another factor identified as potentially impacting wild Pacific salmon.
Fisheries and Oceans Canada (DFO) has research and monitoring programs to assess the interactions and impacts of marine finfish aquaculture on the environment. The programs include the collection of information at the farm level, and broader research on the risk of pathogen transfer from farms to migrating Fraser River sockeye, which demonstrated no more than minimal risk to wild stocks. DFO adapts its management as new research emerges and acknowledges the importance of taking a precautionary approach to support conservation of Pacific salmon and their habitats.
Close collaboration with Indigenous partners and the Province of British Columbia (BC) will be key to the successful development and implementation of a responsible plan to transition net-pen salmon farming in coastal BC.
In the summer of 2020, departmental officials created a federal/provincial/Indigenous governance body to oversee and lead the development of the plan. The governance body began meeting virtually in the fall of 2020.
On December 14, 2020, Parliamentary Secretary Beech commenced a series of engagements on the transition of net-pen aquaculture in BC. This engagement is now complete and the as-was-heard report was published in July 2021.
Departmental officials will build upon the Parliamentary Secretary’s report and the analysis and recommendations of the Indigenous and multi-stakeholder advisory body’s three technical working groups to inform development of the plan. Budget 2021 provided support to the Department to expand engagement with the Province of BC, Indigenous communities, industry, scientists, and other stakeholders.

Science

Aquatic invasive species

Our government understands that aquatic invasive species pose a serious threat to Canada’s freshwater and marine ecosystems, and that preventing negative impacts to our biodiversity, economy, and society is a priority.

The management of aquatic invasive species is a responsibility that the federal government shares with provincial and territorial governments. We are focused on coordinating our efforts with them and our U.S. counterparts to support prevention, early detection, response and control activities to protect our mutual resources.

Our collaborative work has prevented the establishment of Asian carps in Canada, successfully controlled Sea Lamprey in the Great Lakes, and stopped the illegal import of prohibited species including Zebra Mussels. We are working to further improve measures taken at international borders.

Background

Aquatic Invasive Species

Aquatic invasive species (AIS) pose a serious threat to fish, fish habitat, use of aquatic resources (e.g., fisheries, aquaculture, and recreational industries), and species at risk across Canada.
AIS of public concern across Canada include:
- Zebra and quagga mussels
- Asian carps (four species)
- Sea Lamprey (Great Lakes only)
- European Green Crab
- Invasive tunicates (e.g., Vase, Clubbed, and Violet)
- Invasive aquatic plants (e.g., Eurasian water milfoil)
The Sea Lamprey Control Program (SLCP) was established in Canada through the Department in 1954, following ratification of the Convention on Great Lakes Fisheries, as part of a binational commitment to control Sea Lamprey for the protection of Great Lakes fish and fisheries.
Budget 2017 increased Canada’s commitment to the Great Lakes Fishery Commission (GLFC), the coordinating body for the SLCP, from $8.1 million to $10.6 million ongoing.
Budget 2022 identifies an additional $45 million over 5 years, and $9 million ongoing, to DFO to meet its obligations under the GLFC bilateral agreement to address the shortfall between the funding formula established by the Convention and contribution amounts to the GLFC, which had been raised by many sporting and outdoors groups and MPs.
The AIS Regulations came into force in 2015 under the Fisheries Act to provide tools for federal action and partnerships with provincial and territorial governments, setting significant expectations regarding Canada’s collective ability to manage AIS. The AIS Regulations list over 164 aquatic species as invasive, subject to prohibitions and/or controls.
Budget 2017 provided $43.8 million in funding over five years and $10.6 million ongoing for national AIS management.
DFO’s AIS National Core Program was established to implement the AIS Regulations in Canadian waters, to act on sound scientific and other advice, and to report nationally on AIS activities.
Implementation of the AIS Regulations is a shared priority and responsibility across jurisdictions and levels of government. Some provinces and territories take the lead for freshwater AIS, while DFO leads for marine AIS.
Provinces also dedicate significant amounts of resources to prevent and manage AIS. For example, Quebec invests $8 million a year and is investing an additional $8 million over five years announced in 2018 to combat aquatic invasive plants. The Invasive Mussel Defense Program in British Columbia (BC) has an annual budget of nearly $4 million. Alberta also has a significant budget targeted at invasive mussels.
The Commissioner of the Environment and Sustainable Development conducted an audit of DFO’s AIS efforts to date and released its findings on April 2, 2019. DFO accepted the recommendations of the Auditor and is implementing a management action plan to address them.
The Auditor recommended that DFO work with the Canada Border Services Agency (CBSA) to address risks associated with watercraft and prohibited imports. The Auditor also recommended that DFO and the CBSA develop and implement the procedures, tools, and training that border services officers and fishery officers need to assist in enforcing the AIS Regulations. In response, DFO, CBSA, and other partners have developed new protocols, tools, and procedures to improve enforcement of the AIS Regulations at international borders. It is planned to test these tools in 2022, or as soon as practicable pending Covid-19 travel restrictions, with a pilot project at Emmerson MB focused on preventing invasive mussels from entering Canada.
DFO is currently working with partners to explore projects to address AIS that also benefit aquatic species at risk through the Canada Nature Fund for Aquatic Species at Risk. Potential projects notably include the implementation of the education and outreach “Don’t Let It Loose” campaign in the Ontario and Prairie Region to prevent the illegal introduction of AIS, and the implementation of a watercraft washing station in Manitoba.
Although it may appear desirable to use AIS for bait, food or other purposes, there are several important legal, ecological, and economic factors that must first be considered. Increased use of AIS means increased risks of introduction into new areas, and risks propagating the species, leading to unintended, negative consequences on native fish and fish habitat.

Zebra and Quagga Mussels

Zebra and Quagga mussels can have significant economic impacts on recreational boaters, municipal and industrial water supplies, and power generation infrastructure. Both species are subject to import prohibitions under the AIS Regulations.
Zebra and Quagga mussels are native to the Black and Caspian seas region and entered the great lakes in the late 1980s through ballast water discharged from ships.
Since their introductions in the Great Lakes, Zebra Mussels have also spread through parts of eastern Canada and the United States, and their western invasion front is currently located in Lake Manitoba in the Prairies, while Quagga mussels are found in the southern Great Lakes (i.e., Lake Ontario, Michigan, Huron and Erie). Both Zebra and Quagga mussels are found in certain areas of the St Lawrence River but not its tributaries or connected lakes.
Zebra mussels were newly detected in two lakes in the Estrie regions in Quebec in 2017 & 2021 (i.e., Lake Memphremagog and Lake Massawippi) and DFO has partnered with the Government of Quebec and local stakeholders to contain the spread of this species.
The BC provincial government has the authority to implement the AIS Regulations within its jurisdiction and has assumed the role of lead authority for freshwater AIS management in BC with support from DFO. To date, zebra and quagga mussels have not been detected in BC and DFO meets regularly with representatives of the BC provincial government to discuss emerging AIS threats, potential collaboration, and support for AIS-focused initiatives.
DFO continues to provide funding through grants and contributions for a number of initiatives focusing on AIS management activities:
- DFO contributed $500,000 over four years in 2018 to invasive mussel prevention through research, education, and outreach in BC. This funding complemented the BC government’s efforts and recognized their formal authority for management of freshwater fisheries;
- DFO has committed to contribute $100,000 to BC’s Invasive Mussels Defense Program in 2022;
- DFO contributed $700,000 over four years starting in 2019 through the Canada Nature Fund for Aquatic Species at Risk to a project focusing on increasing awareness and identifying best practices to reduce AIS-related threats on species at risk.
DFO continues to support AIS management through the delivery of science advice, and completed in December 2021 a scientific report on the effectiveness of “Clean, Drain, Dry and Decontaminate” treatments and protocols for watercrafts to help prevent the introduction and spread of aquatic invasive species, including zebra and quagga mussels.
In March 2021, prohibited invasive zebra mussels were found in moss ball products, a type of aquarium plant product made of green algae sold in Canada and in the United States. DFO led national emergency response activities with the CBSA and provincial and territorial partners to stop the import and distribution of infested moss ball products across Canada. DFO collaborated with large e-commerce platforms to block the sale of moss balls by third party sellers on their platforms.
DFO recognizes the threat that these invasive mussels pose to Canada’s ecosystems and economy, including western Canada’s, and continues to collaborate with CBSA to enforce the AIS Regulations at the international border. DFO continues to address the illegal import of AIS into Canada through the implementation of a sustained action plan focused on four components: enforcement; response preparedness; education and outreach; and engagement with partners.

Miramichi Lake and River

Smallmouth Bass was discovered in Miramichi Lake in 2008, a headwater lake in the southwest Miramichi River watershed. This watershed, along with other river systems in New Brunswick, is recognized as some of the most productive Atlantic Salmon rivers in the world. Smallmouth Bass is a predator and competitor of other fish, including Atlantic Salmon.
DFO subsequently installed in 2008, and continues to maintain barriers to prevent Smallmouth Bass from escaping Miramichi Lake and annually invests approximately $50 000 on different physical methods for capturing individuals of all ages and sizes in Miramichi Lake (e.g., electrofishing, trapping, netting, and seining) to keep the population at levels close to depletion.
In August 2019 however, Smallmouth Bass was reported in the southwest Miramichi River, downstream from Miramichi Lake.
DFO and partners implemented response activities in the Miramichi River and certain tributaries in the summer-fall 2019 and 2020, which included line fishing (angling), electrofishing (using backpacks or boats equipped with an electrofishing device), netting, collection of environmental DNA samples to determine the spread of the invasion, and collaborating with the University of New Brunswick to use radio-isotopes to determine the source of the Smallmouth Bass captured in the river.
DFO, as the regulator, worked with the Province of New Brunswick to review an application submitted by the North Shore Micmac District Council for an authorization pursuant to subsection 19(3) of the AIS Regulations under the Fisheries Act to use Rotenone to eradicate Smallmouth Bass from Miramichi Lake and part of the southwest Miramichi River.
- In evaluating the use of deleterious substances, the Department has to consider implications not only for native Atlantic Salmon, but also impacts on species at risk, other fish species, wildlife, and public safety.
In May 2021, the Province completed its Environmental Impact Assessment determining that the undertaking could proceed and DFO authorized the project on June 7, 2021, subject to the Emergency Use Registration process being completed by Health Canada’s Pest Management Regulatory Agency.
The week of the project’s planned implementation in August 2021, members of the Wolastoquey nation, citing concerns with a lack of consultations, occupied the lake by kayaks and canoes in protest of the project, forcing the proponent to pause the project.
A new authorization was issued by DFO on September 18, 2021, and the project, which will be monitored by the proponent and by federal and provincial authorities, is planned for the summer of 2022.
In addition to the application for chemical control, the Department continues to collaborate with the provincial government, the Atlantic Salmon Federation, the Miramichi Salmon Association, and First Nations to capture and remove Smallmouth Bass from the river.
The Department is also developing a long-term plan for the management of this AIS in the Miramichi River watershed using an integrated management approach based on prevention, detection, response, and control, as well as sustained collaboration with partners.

European Green Crab

European Green Crab (EGC) are a known invasive species on both coasts of Canada listed on Part 3 of the AIS Regulations, that can impact important habitat, such as eelgrass, and fisheries.
In the Newfoundland (NL) Region, the spread of EGC has been confirmed in St Mary’s Bay, with established populations of large adult crab confirmed in October 2020. From May 2020 to September 2021, DFO issued 54 AIS Control Licences for EGC in the NL Region.
DFO continues to work with partners in NL to control EGC:
- The Fish, Food and Allied Workers’ Union partnership trapped 335 000 EGC in Fortune Bay in 2020 and those efforts continued in the summer 2021.
- Three Rivers Mi‘kmaq Band were contracted to evaluate EGC population on the South West coast of insular NL through destructive sampling in October 2020
- The Marine Institute’s work in Placentia Bay to restore eelgrass and remove EGC in the area continued with funding from DFO’s Coastal Restoration Fund in 2021.
- In September 2021, the Mi’kmaq Alsumk Mowimsikik Koqoey Association received Nature Legacy Funding to trap and mitigate the EGC population in western Fortune Bay.
In British Columbia, EGC were first discovered in the Salish Sea in 2012 in Sooke Basin, with populations of EGC now established on the West Coast of Vancouver Island. Other incursions have been documented along the Central Coast of the mainland, as well as in Haida Gwaii in 2020.
Since discovery of EGC in the Salish Sea and Haida Gwaii, DFO has partnered with multiple Indigenous and stewardship groups and others to determine the extent of the invasion, seek evidence of establishment, and develop and implement management and response plans, including partnering with the Coastal Restoration Society and Council of the Haida Nation with funding from the BC Salmon Restoration and Innovation Fund (BC SRIF).
In 2021, once COVID-related travel restrictions were lifted, DFO continued early monitoring and detection activities in the Salish Sea by providing training and conducting sampling with partners (i.e., stewardship and Indigenous groups), and 19 EGC specimens were captured within Ladysmith Harbour, constituting the most significant incursion documented within the Salish Sea, where monitoring and response activities are ongoing.
External requests (e.g., media, interested parties) for DFO to provide guidance as to a national decision on the permissible use of AIS, and particularly the use of EGC for commercial purposes are increasing in many regions, and especially NL Region. The recently announced closure of the herring and mackerel commercial and bait fisheries in Atlantic Canada may further increase those requests as fishermen will be looking for alternative bait options.

Goldfish

DFO and the National Aquatic Invasive Species Committee under the Canadian Council of Fisheries and Aquaculture Ministers have developed a nationally consistent education and outreach campaign named “Don’t Let It Loose” to manage the risk of introduction posed by several pathways including “pets and plants from aquariums, ponds, or water gardens”, “live food and live baits”, and “sport fish and recreational fishing”.
DFO’s NL Region, with Memorial University of Newfoundland, has commenced utilizing the “Don’t Let it Loose” campaign materials to assist in the prevention of release of aquarium pets (e.g., goldfish) into a campus pond.

Vase Tunicate

Vase tunicate is an invasive species established in Nova Scotia, New Brunswick, Prince Edward Island, and certain bays south of Newfoundland. In Québec it is only present at the Magdalen Islands.
Vase tunicate has important repercussions on the aquaculture industry. It invades mussel socks and incurs additional costs to aquaculture.
A local organization is collaborating with DFO Small Craft Harbours to attempt to control the single population of Vase tunicate in the Magdalen Islands. Their goal is to make the floating docks less prone for the species to establish itself. This compensation project to control vase tunicate is currently under review by DFO.

Lobster Science Partnership Roundtable

The Lobster Science Partnership Roundtable brings together Fisheries and Oceans Canada scientists, Indigenous partners, commercial fishing representatives, and other key researchers to chart a common course for lobster science.

The Roundtable will build on existing knowledge and partnerships, and create new opportunities to collaborate and increase our scientific knowledge on lobster.

Members will identify important lobster science research questions, identify new areas of work, and discuss how we can work together.

Background

The Lobster Science Partnership Roundtable was established to bring together Fisheries and Oceans Canada scientists, Indigenous partners, commercial fishing representatives, and other key researchers to discuss important lobster science research questions and priorities, identify new areas of work and discuss how to effectively work together.
The Roundtable had its first meeting on June 15, 2021, to discuss the focus of the partnership. There were over 40 participants.
Participants discussed research questions and priorities, specific lobster science projects they would like to undertake, and what they could each contribute. They expressed support generally for the Roundtable, and the discussion also touched on the steps needed to grow an effective partnership, including how best to work together and future engagement.
Research priorities raised included lobster biology, ecology, and sustainable harvest, including impacts of climate change on productivity, harvest timing, life history, population structure, effects of temperature on the fishery and modeling long-term sustainability.
The Roundtable is striving to keep interactions informal to promote a collaborative atmosphere and forum where participants can feel comfortable exchanging ideas.
The Roundtable has established four sub-themes to organize research priorities and discussions are underway to develop science project ideas under each sub-theme.

Management of the Atlantic Seal Harvest

The Government of Canada is committed to supporting a sustainable, humane, and well-regulated seal harvest that supports Canada’s Indigenous, rural, and coastal communities.

Fisheries and Oceans Canada ensures that the best available science is considered when making management decisions, with the goal of sustaining a healthy and productive aquatic ecosystem.

Removals have been low in recent years due to low market demand. The Department continues to support efforts to maintain existing markets for Canadian seal products and support the development of potential new markets.

If pressed on current seal total allowable catch for Atlantic Canada

There is currently no Total Allowable Catch (TAC) levels assigned for the Atlantic seal harvest. These fisheries are closely monitored to ensure landings respect the most recent science advice. Should this situation change, additional management action will be considered.

If pressed on seal predation

Our scientists continue to do research on the potential impacts of seals on fish stocks as well as the ecosystem factors that may influence their levels of abundance.

Sustaining healthy and productive aquatic ecosystems is a priority for this government and we rely on the best available science when making management decisions.

Background

DFO manages commercial harvests for grey, harp, and hooded seals in the Atlantic region; there are currently no fisheries for seals or sea lions in the Pacific region.
The grey seal harvest opened in Quebec, Maritimes, and Gulf Regions within January 21st -January 23rd , 2022. The Harp seal harvest in Quebec opened on March 17th, 2022 and the Harp seal harvest in Newfoundland and Labrador opened on April 8th , 2022
The current seal management strategy works to ensure the sustainability of Atlantic seal populations above a precautionary reference level and does not have a goal of reducing seal populations through ecosystem-based management.
Only a small fraction of the scientifically-advised removal levels have been harvested in recent years. The most recent science advice on maximum sustainable annual removals that meet the objectives of the current Atlantic seal management strategy were: 425,000 harp seals (2019); 34,500 grey seals (2016); and 27,400 hooded seals (2006).
The number of animals harvested in recent years represents a very small fraction of previously announced TACs and the most recent science advice. Annual harp seal landings have averaged 12 per cent of the last announced TAC (a commercial harvest of harp seal in Newfoundland and Labrador region did not proceed in 2020 due to the COVID-19 pandemic). Annual grey seal landings in the last 5 years have averaged 2 per cent of the last announced TAC.
The Department is aware of the potential for negative attention that could be provoked by a TAC announcement, something that could hinder ongoing market access efforts.
With a view to minimizing the harvest’s profile, taking into account the current harvest levels, the Department has not announced TACs since 2016 for Atlantic seals. Rather, it monitors harvest activity in relation to the most recent science advice noted above.
The last TAC levels established by the Department were for the 2016 harvest. The TAC levels were as follows: 400,000 harps seals, 60,000 grey seal, and 8,200 hooded seals.
The fishery is closely monitored and landings are reported each day. This is to ensure landings respect the most recent science advice and should this situation change, additional management action would be taken.
Commercial harvest levels are driven by market demand for seal products. Current market demand for seal products ranges from roughly 40,000 to 60,000 per year for harp seals and fewer than 5,000 grey seals per year. The current market demand is not sufficient to generate the commercial harvest levels needed to achieve an ecosystem based management strategy.
In 2022, landings for all 3 stocks are expected to remain well within sustainable levels given this limited demand.
Departmental resources have focussed on efforts to maintain and access new markets for seals. One notable example of the support is the CMAPS program which ran from 2015 to 2020. It provided $1.5 million in funding to 23 projects to build capacity and improve market access for seal products.
There is concern from the fishing industry on both coasts about the potential impacts of seal and sea lion predation on commercially valuable fish stocks.
Substantial scientific research has been conducted over the last several decades regarding the potential impacts of seals on fish stocks in the Atlantic region, and DFO has invested in a new research program on the West Coast where it is working with partners on the potential impacts of seals and sea lions on fish populations.
Scientific evidence to date suggests that grey seals are having an impact on the recovery of cod and other groundfish in the Southern Gulf of St Lawrence. Conversely, there is no scientific evidence to date to demonstrate that harp seals are significantly impacting commercially valuable fish stock off the coast of Newfoundland. The impact of Pacific seals or sea lions on commercially important fish stocks on the west coast of Canada has not been evaluated and is currently unknown.

Marine conservation targets

Our government recognizes the important role that our ocean plays in addressing the global biodiversity crisis and mitigating the impacts of climate change.

That is why we exceeded our 10 per cent marine conservation target in 2019, proudly protecting almost 14 per cent of Canada’s ocean.

This past summer we announced a historic investment in marine conservation, providing almost a billion dollars in funding over five years to reach our ambitious new target of conserving 25 per cent of Canada’s ocean by 2025.

We will continue to work with provinces and territories, Indigenous communities, and Canadians to increase marine protection to 25 per cent by 2025 and 30 per cent by 2030.

Background

On July 22, 2021, the Government of Canada announced a historic investment in marine conservation, providing $976.8 million in funding over five years to protect 25 per cent of Canada’s oceans by 2025.
To reach the 2025 target, progress will be advanced on:
- New site establishment: Advance work to establish new marine protected areas (MPAs) and other effective area-based conservation measures (OECMs) to meet the 25 per cent target by 2025.
- Effective site management: Manage existing MPAs and OECMs to ensure they are effective in achieving their conservation objectives.
- Collaboration: Building upon and sustaining meaningful partnerships with provincial, territorial, and Indigenous governments, industry, and local communities to advance effective ocean planning and conservation activities.
- Advance marine spatial planning (MSP): Advance marine conservation within the broader context of MSP and Canada’s Blue Economy Strategy to help enable ambitious marine conservation objectives while also allowing for sustainable growth in our ocean sectors as part of the development of a resilient blue economy.
- International advocacy: Continue to take a leadership role along with like-minded countries to advocate for conserving 30 per cent of the world’s ocean by 2030.
On December 16, 2021, the Minister of Fisheries, Oceans and the Canadian Coast Guard was directed in her mandate letter to continue to work with the Minister of Environment and Climate Change and partners to ensure Canada meets its goals to conserve 25 per cent of Canada’s ocean by 2025 and 30 per cent by 2030. This work will remain grounded in science, Indigenous knowledge and local perspectives.
On March 1, 2022, the World Wildlife Fund (WWF) released three reports calling for a ban on all dumping in MPAs. WWF reports that ships can potentially produce 147 billion litres of harmful waste in Canadian waters annually, nearly 10 per cent of which is dumped in protected areas. WWF’s key recommendations call on the Government of Canada to:
- create a comprehensive definition of dumping, including all vessel discharges.
- extend minimum standards to all areas counting toward Canada’s marine conservation targets.
- enforce the minimum standards in all existing MPAs and OECMs.
- ban scrubbers.
- close the Arctic greywater regulatory gap (greywater is not explicitly regulated under the Arctic Waters Pollution Prevention Act).
Canada currently conserves 13.81 per cent of marine and coastal areas, including 14 MPAs established by Fisheries and Oceans Canada (DFO) under the Oceans Act and 59 marine refuges. Additional Areas of Interest have been announced as being pursued for Oceans Act MPA designation (e.g., Offshore Pacific, Eastern Shore Islands, Fundian Channel-Browns Bank, and Southampton Island).
About 283,394 km2 or 4.93 per cent of conserved marine territory in Canada is protected under OECMs. International voluntary criteria for OECMs were adopted at the Convention on Biological Diversity’s (CBD) Conference of the Parties in November 2018. DFO is currently adjusting its marine OECM guidance to align with CBD guidance, as well as to implement Canada’s 2019 protection standard for OECMs.

Pacific Salmon

Budget 2021 announced $647.1 million over five years, plus $98.9 million in amortization, for a Pacific Salmon Strategy Initiative, which will include habitat, hatcheries, and harvest approaches to conserve and restore Pacific salmon.

The Pacific Salmon Strategy Initiative is built on four key pillars: Conservation and Stewardship,
Salmon Enhancement, Harvest Transformation, and Integration and Collaboration.

2021-22 was the launch year for the Pacific Salmon Strategy Initiative and focused on finalizing financial and program authorities and engagement with Indigenous peoples, partners and stakeholders regarding early program design, implementation and ongoing consultative mechanisms.

The Pacific Salmon Strategy Initiative’s early implementation is now underway, and the Department is continuing to work to ensure new and ongoing investments and activities in Pacific salmon programming are appropriately aligned to achieve key results, including to respond to the historic declines of Pacific salmon by putting in place conservation approaches and plans for prioritized Pacific salmon populations, to support their recovery.

Engagement and collaboration

The Pacific Salmon Strategy Initiative’s early implementation involves engagement on many key initiatives with First Nations, as well as stakeholders and our other partners. The Initiative provides a new framework to guide DFO’s Pacific salmon work now, and in the years ahead.

Fisheries and Oceans Canada is interested in collaborating with BC and Yukon First Nations in a strategic and targeted approach to addressing the challenges facing Pacific salmon, while focusing on shared priority areas of interest.

Further engagement will support the Initiative’s implementation and identify where and how we can best work collaboratively with others across BC and Yukon to respond to Pacific salmon declines.

Background

The Pacific Salmon Strategy Initiative (PSSI) aims to stem historic declines in key Pacific salmon stocks (some of which have been identified as being at risk of extinction and are currently the subject of processes to determine whether they should be listed under the Species at Risk Act). The PSSI also aims to rebuild the species to a sustainable level where possible. DFO’s response to these declines will involve a series of distinct measures, phased in over the next five years and beyond. Given the lengthy (4-year average) reproductive cycle of Pacific salmon, indicators of success will take several years to measure – as many as 15 or more.
Under the PSSI Conservation and Stewardship pillar, DFO plans to improve our understanding of salmon ecosystems by enabling salmon and ecosystem status reporting to support decision-making and prioritize departmental actions. It will also create a team of cross-disciplinary experts to better analyze climate scenarios.
DFO will also be developing new monitoring frameworks to integrate salmon, ecosystem and climate data to identify drivers of salmon survival, assess their vulnerability to climate change and support decision-making. These are areas with significant opportunity for collaboration and partnerships with BC.
The Habitat Restoration Centre of Expertise will complement the existing programming and partnerships DFO has with various stakeholders to provide enhanced technical expertise to support stewardship groups undertaking salmon restoration work.
DFO has several initiatives currently underway to address declining Pacific salmon stocks: the Wild Salmon Policy 2018-2022 Implementation Plan, Coastal Restoration Fund, BC Salmon Restoration and Innovation Fund, Salmon Allocation Policy review, implementation funding for the renewed Pacific Salmon Treaty, and the renewed Fisheries Act. The PSSI is expected to build upon these initiatives and transform the harvest sector for greater economic certainty, and support the many BC communities whose jobs and way of life rely on them. In particular, BCSRIF and Salmon Allocation Policy will be coming under the banner of PSSI.
One of the important tools that DFO has to support conservation and rebuilding of salmon is hatcheries. DFO currently has 23 major hatchery facilities and spawning channels, which are supported by a number of community-based hatcheries. A science-based approach to hatchery management allows them to be an effective tool to support salmon stock that are in decline.

United Nations (UN) Oceans conference

The 2nd United Nations Oceans Conference, co-hosted by Portugal and Kenya, will take place in Lisbon, Portugal from June 27 to July 1, 2022.

The UN Oceans Conference is an opportunity for Canada to showcase our leadership on oceans issues and advance the work of the international oceans’ agenda.

Canada will participate in the UN Oceans Conference and work with likeminded partners to mobilize action for Sustainable Development Goal 14: conserve and sustainably use the oceans, seas, and marine resources.

Conservation and sustainable use of the oceans, seas and marine resources is in line with Canadian values, and a healthy ocean will benefit all Canadians.

Background

The 2nd UN Ocean Conference is schedule to take place in Lisbon, Portugal from 27 June to 1 July 2022. The objective is to support the implementation of Sustainable Development Goal 14: conserve and sustainably use the oceans, seas, and marine resources for sustainable development (Goal 14). The overarching theme of the Conference is “Scaling up ocean action based on science and innovation for the implementation of Goal 14: stocktaking, partnerships and solutions.”
The co-hosts of the Conference, Kenya and Portugal, have chosen the theme of the Conference to reflect the important role of science and technology in addressing significant oceans challenges and opportunities related to, but not limited to, reducing marine pollution, conserving marine and coastal biodiversity and coastal and marine areas, minimizing ocean acidification, mitigating impacts of climate change, enhancing sustainable management of fisheries and ending harmful fisheries subsidies, conserving coastal and marine areas, and expanding blue economic benefits to Small Island Developing States (SIDS) and Least Developed Countries (LDCs).
The Conference will give Canada the opportunity to meet bilaterally with likeminded countries on oceans issues and advance our own priorities related to Fisheries and Oceans Canada (DFO) mandate priorities such as the Blue Economy Strategy, sustainable fisheries, and protecting 25 per cent of marine space by 2025 while advocating for 30 per cent by 2030. Due consideration is also being made for Canada to meet with SIDS and LDCs to advance our international support efforts, in particular by sharing expertise related to fisheries and oceans management, ocean science, and fisheries enforcement.
The Conference will also feature eight interactive dialogues that will focus on recommendations to support the implementation of Goal 14. The Minister of DFO, the Honourable Joyce Murray, has been recommended to participate as a co-chair for one of these interactive dialogues. The following interactive dialogue themes have been prioritized: Promoting and strengthening sustainable ocean-based economies, in particular for SIDS and LDCs; Managing, protecting, conserving and restoring marine and coastal ecosystems; and addressing marine pollution.
There is also potential for the Prime Minister to attend the Conference, as he has recently accepted the UN Secretary-General’s invitation to co-chair an “SDG Advocates Group” with the Prime Minister of Barbados, Mia Mottley. The focus of engagement within the SDG Advocates Group is still being determined, but would likely include opportunities for joint collaboration with SIDS on oceans and climate change opportunities.
The Prime Minister is also a member of the High Level Panel for a Sustainable Ocean Economy (Ocean Panel), a group of 16 world leaders who are building momentum for a sustainable ocean economy in which effective protection, sustainable production and equitable prosperity go hand in hand. The Ocean Panel is planning to engage in the UN Ocean Conference by hosting side events and by releasing a joint Leaders Statement highlighting the central role of ocean health and a sustainable ocean economy in delivering the SDGs.

Wild Atlantic Salmon Conservation Strategy

Atlantic salmon populations continue to decline despite progressive management measures, this is why our government is committed to make new investments and to work with Indigenous people, provinces and stakeholders to restore and rebuild wild Atlantic salmon populations and their habitats.

To this end, we will work with all interested parties in the development of a new conservation strategy which will advance objectives outlined in the Wild Atlantic Salmon Conservation Policy, and support its overall goal.

The progress report on the 2019-2021 Implementation Plan will be publicly released this spring. In the meantime, we are continuing to engage Indigenous organizations and stakeholder groups on how to achieve a better outcome for Atlantic salmon into the future. This feedback will be used to inform the development of the Wild Atlantic Salmon Conservation Strategy, which will deliver a coordinated approach to conservation.

Background

The 2021 mandate letter calls for the Minister to work in close collaboration with provincial and territorial authorities, Indigenous partners, fishing and stewardship organizations and implicated communities to make new investments and develop a conservation strategy to restore and rebuild wild Atlantic salmon populations and their habitats.
Engagement has been initiated to discuss the conclusion of the Wild Atlantic Salmon Conservation Implementation Plan 2019-2021 and to support the development of the new Conservation Strategy. Stakeholders are seeking improved coordination and communication by the Department, further opportunities for partnership and collaboration, a strategic plan for Atlantic salmon to address science, management, and policy gaps, and increased funding to support conservation work on-the-ground. Stakeholders have also communicated their awareness of significant funds for the conservation of Pacific salmon included in Budget 2021.
On June 25, 2020, the Atlantic Salmon Federation released its State of the State of Wild Atlantic Salmon Report, which indicates returns to North America in 2019 were among the lowest in a 49-year data series, and called for more inter-governmental coordination and collaboration with stakeholders.
Atlantic salmon are a highly migratory species that spends one to three years in freshwater, followed by one or two (or more) years at sea before returning to spawn in the freshwater rivers in which they were born. Unlike Pacific salmon, Atlantic salmon can return to sea after spawning to repeat the migration and spawning pattern several times.
Currently, the value of the recreational fishery (2010) is $150M in GDP, 3,873 full-time jobs and $128M worth of income; there are also active food, social and ceremonial fisheries for Atlantic salmon by more than 40 First Nations and many Indigenous communities across eastern Canada. In central and coastal Labrador, the fishery is also a key source for local community food fisheries.
The social-cultural value of Atlantic salmon far exceeds their economic and subsistence value: wherever people and salmon coexist, the connection is deep.
Once abundant in rivers northward from New York state to outer Ungava Bay, Atlantic salmon populations have been extirpated from the southern extent of their range; Canada has jurisdiction over 16 of 17 remaining salmon populations in North America, many of which are in decline.
The causes of the widespread decline of Atlantic salmon are not well understood. A number of threats are generally recognized, including: legal and illegal fisheries domestically (freshwater) and internationally (marine), commercial and industrial developments that impact habitat quantity and quality (e.g., farming, hydroelectric dams, forestry, aquaculture); poor marine survival (we don’t know why); and, climate change (e.g., warming freshwater and marine environments, shifts in food webs).
Not only are there multiple threats, but the conservation landscape of salmon is complex, which impedes recovery success. DFO shares the responsibility for the management of Atlantic salmon in freshwater with the Provinces, and the management approach differs depending on the respective federal-provincial arrangement. Globally, the North Atlantic Salmon Conservation Organization (NASCO) sets and allocates harvestable surplus (i.e., Greenland subsistence fisheries subject to Canada-Greenland bilateral agreement on of mixed stocks.
There is currently one Species at Risk Act (SARA) listed population, the inner Bay of Fundy Atlantic salmon Designatable Unit (DU), which was listed on Schedule 1 in 2003. Nine additional DUs of Atlantic salmon across Newfoundland and Labrador, Quebec, New Brunswick and Nova Scotia have been assessed by the arm’s-length scientific body, the Committee on the Status of Endangered Wildlife in Canada (COSEWIC), as at-risk (four as Endangered, one as Threatened, and four as Special Concern) and are under consideration for listing under SARA. In November 2020, an update on this decision-making process was sent to Indigenous groups, key stakeholders, and the provinces. The update invited recipients to advise of any change of position or new information, by March 15, 2021. These check-ins have yielded mixed responses similar to those heard during consultations, with a few exceptions where positions have changed. These responses, as well as feedback received during consultations, will inform the listing decision. Listing under SARA would trigger protections through prohibitions and rigorous permitting, requirements for recovery and management planning, and identification and protection of critical habitat.
In 2016, the Atlantic Salmon Research Joint Venture was announced to improve the coordination of salmon scientific research, such as at-sea-survival. Investments through DFO’s Science Partnership Fund have been matched 1:1 by Joint Venture partners. Since its inception, the Joint Venture has leveraged over $2.3M to support Atlantic salmon research in priority areas. Now, the Joint Venture is implementing a large-scale, multi-stakeholder collaborative research effort directed at some of the most urgent and pressing research questions relating to survival of salmon at sea.
In June 2016, DFO released its Forward Plan for Atlantic Salmon, in response to the 2015 report of the Ministerial Advisory Committee on Atlantic Salmon; and, announced the revised Wild Atlantic Salmon Conservation Policy and Implementation Plan, in March 2017 and May 2019, respectively. The resulting 2019-21 Implementation Plan outlines the actions DFO and partners will take to help restore and maintain healthy wild Atlantic salmon populations. Now in its final year, the department has committed to reporting on the results of the Implementation plan and is also engaging stakeholders on the path forward beyond 2021.

Others

Access to the Recreational Fishery in British Columbia

We acknowledge the challenges being faced by all Pacific salmon fishery participants, including recreational anglers, as we take measures to protect at-risk British Columbia salmon stocks, including Fraser River, Southern BC and Skeena River Chinook stocks, amongst others.

Conservation is our highest priority and requires a precautionary approach to managing these stocks. After conservation, First Nations’ Food, Social and Ceremonial (FSC) and Treaty Domestic fisheries are the priorities.

The Department provides recreational harvest in areas where fishery impacts on species and stocks of concern can be avoided. Limits on recreational harvest will be determined according to abundance levels and in keeping with conservation goals.

We understand that the recreational sector, including members of the Sport Fishing Advisory Board, are very concerned with the social, economic and cultural impacts of recreational salmon fishery closures in BC. We encourage recreational fishers to take advantage of the sustainable fishing opportunities that exist for a variety of other species when salmon opportunities are constrained.

Review of the Pacific Salmon Allocation Policy

Since 2018, DFO has been working with First Nations, the recreational sector and the commercial harvest sector to scope and develop draft terms of reference for the review of the 1999 Pacific Salmon Allocation Policy. This Policy sets out the principles for allocating salmon in BC among First Nations, commercial and recreational harvesters.

It is important that we review and update this policy given the many changes that have taken place since 1999, including declines in salmon populations, changes in fisheries management, and recent court decisions regarding rights-based sale fisheries.

We acknowledge that all parties will have perspectives to share on salmon as a common property resource, and that it will be important to consider the federal government’s constitutional responsibilities with regards to recognizing and respecting Indigenous rights and its statutory responsibilities for the conservation, protection and management of salmon resources.

We are committed to continuing to work with First Nations and stakeholders, including the recreational and commercial harvest sectors, to review and renew the policy.

Mass Marking (MM) and Mark-Selective Fisheries (MSF)

Consistent with Harvest Transformation Pillar of the Pacific Salmon Strategy Initiative (PSSI), Fisheries and Oceans Canada will work with First Nations and stakeholders to modernize how salmon fisheries are managed.

The PSSI will support further development of tools such as mass marking (MM) and mark-selective fisheries (MSF) that provides for conservation of stocks of concern, while also supporting sustainable harvesting opportunities.

Departmental staff are currently developing a discussion paper on MM and MSF implementation which will be used to guide consultations.

The Department will also be exploring opportunities to improve the regulatory and licencing framework used to manage the BC recreational fishery, including making improvements to catch monitoring and reporting and further consultations are planned in 2022 to seek input on benefits and challenges of these approaches.

Background

Recreational anglers have raised a number of concerns about the management of the Pacific salmon fishery, particularly Chinook salmon. Actions and specific concerns include:
- A petition to end recreational fishery closures as a management tool for protecting Pacific salmon stocks of concern.
- Requests to implement mass marking of hatchery origin Chinook and mark-selective fishery opportunities.
- The need to develop a recovery strategy for Fraser River salmon and a commitment to implementation.
- Management decisions and allocation between First Nation, recreational and commercial harvesters for Northern BC Chinook stocks of concern (e.g., Skeena Chinook)
Fraser River Chinook are a serious conservation concern. Twelve of the 13 Fraser River Chinook populations assessed by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) are at-risk with 7 endangered; 4 threatened; and 1 special concern.
Given the current low productivity and low numbers of at-risk Chinook, highly precautionary management measures have been implemented to achieve very low fishery mortalities and allow most fish to reach spawning areas. These measures are one component of a larger strategy for the sustainability of at-risk Pacific salmon populations.
Fishery management measures for Fraser River Chinook were developed following consultation with Indigenous groups, recreational and commercial fishing organizations and environmental organizations.
From 2019 to 2021, these measures included delaying commercial troll fisheries; recreational fishery closures and Chinook non-retention; and restricted opportunities for First Nations Food, Social and Ceremonial fisheries.
After conservation, the next priority is harvest opportunities for Indigenous fisheries for food, social and ceremonial (FSC) purposes. This is a legal obligation, consistent with Section 35 of Canada’s Constitution Act, 1982.
In 2021, further measures were required in the Fraser River to protect migrating sockeye salmon. These measures resulted in further constraints on recreational Chinook fisheries in the Fraser, even though abundant Chinook stocks were present. Recreational opportunities for Fraser River sockeye are possible given that 2022 will be a dominant late-run Fraser sockeye return year and moderate to high abundance is expected.
Fraser River Chinook populations have been impacted by climate driven changes to habitats and ecosystems (including marine heat waves, record air temperature records, forest fires and drought) and the Big Bar landslide.
Though fisheries management measures are an important tool, they will not be sufficient on their own to restore these important stocks. DFO is also working on projects to support habitat protection and restoration, climate adaptation, improved stock assessment, and enhanced science collaboration. The road to recovery requires a long-term view and close collaboration with First Nations, the Province, and stakeholders to implement solutions.

Recreational Sector and the Review of the Pacific Salmon Allocation Policy

In 2018, the BC Supreme Court decision in Ahousaht found DFO’s application of the Salmon Allocation Policy to be an unjustified infringement of five Nuu-chah-nulth Nations’ (the Five Nations’) Aboriginal rights to fish and to sell fish insofar as it affords priority to the recreational fishery over the Five Nations’ rights-based sale fishery for Chinook and Coho salmon.
In response, the Minister announced DFO’s intent to review the 1999 Pacific Salmon Allocation Policy which sets out a series of principles for allocating salmon in BC among three harvest groups (First Nations food, social, and ceremonial; commercial; and recreational).
Renewal of the policy is contentious given the context and importance of Pacific salmon. However, the current policy is outdated and renewal is needed to support the Department’s commitments under the Pacific Salmon Strategy Initiative, as well as help to ensure consistency with the Ahousaht decision and support alignment with broader changes to the salmon fishery. To that end, DFO has been working with First Nations, the recreational sector and the commercial harvest sector to scope the proposed review, including development of a draft terms of reference.
The recreational sector continues to assert a “common law right to fish” – positioning themselves as rights holders rather than stakeholders, and asserting that Indigenous fisheries should not be the only fisheries recognized as rights-based.

Mass Marking/Mark-Selective Fisheries

Consistent with the Harvest Transformation Pillar of the Pacific Salmon Strategy Initiative, DFO will work together with harvesters to modernize how salmon fisheries are managed, and work to provide sustainable harvesting opportunities through mark-selective fisheries (MSF), where feasible. MSFs target hatchery fish that have their adipose fin clipped, allowing them to be visually distinguished from wild fish when caught.
To help determine where and when the implementation of MSF and/or mass marking (MM) is most appropriate, the Department is working on a discussion paper to support further decision making. DFO will be seeking input from First Nations and stakeholders in 2022 through this discussion paper and other consultations.
Issues raised in the discussion paper will include:
- Conservation: MSF fisheries will still encounter wild Chinook and release mortalities of stocks of concern need to be accounted for. MSFs are typically considered in areas where there are high proportions of hatchery fish. In many times and areas around Vancouver Island, the proportion of marked fish encounters would likely remain too low to support MSF without incurring substantial release mortality on unmarked wild fish. Recreational fisheries particularly in the river may also encounter other weak stocks of concern (e.g., sockeye in 2019 and 2020).
- Ensuring stock assessment information is not compromised: Currently, Canadian hatcheries only mark hatchery Chinook that carry coded-wire tags (CWTs) to support stock assessment of both hatchery and wild fish from the same geographic area (see Conuma pilot project exception below).
- Additional MSFs and/or additional clipping of hatchery fish that don’t carry CWTs will require Canada to significantly adapt the fishery monitoring and stock assessment programs necessary to maintain information on wild Chinook and to meet Canada’s Pacific Salmon Treaty obligations. This will require additional resources to ensure we meet our commitments under the Pacific Salmon Treaty.
- Cost: Even without increasing current hatchery Chinook production, additional marking/clipping of significant additional numbers of hatchery-origin Chinook would incur substantial costs and, in some areas, may be logistically challenging given the large volumes of hatchery origin Chinook being released within short time frames each year.
- Effects on ecosystems: Consideration for increasing production of hatchery-origin Chinook to support fisheries must be carefully planned in order to manage ecosystem effects (e.g., carrying capacity of natural systems to support salmon rearing); control potential competitive interactions between hatchery and wild salmon; ensure that the genetic diversity of wild origin salmon is maintained.
The Department is also conducting a pilot project to mark Conuma Hatchery Chinook in conjunction with a project exploring the application of genetic tools (parentage-based tagging (PBT)) of all hatchery-origin Chinook broodstock for the next 3 years. The goal is to determine whether PBT, combined with enhanced catch monitoring and genetic stock identification sampling, will provide the assessment information currently derived from the CWT Indicator stock program with equal or greater accuracy and precision, and determine whether this approach mitigates the potential impacts of MSF on the CWT Indicator stock program.

Perspectives on the application of MSFs will be diverse; recreational harvesters are strong advocates for additional MSF opportunities, whereas many First Nations and environmental groups are strongly opposed, citing the potential for impacts on wild stocks of concern and the availability of fish to support FSC fisheries, as well as the limited data available to gauge impacts of MSFs.

Atlantic mackerel closure

I recently had to make a difficult decision to close the Atlantic mackerel commercial and bait fisheries in Atlantic Canada and Quebec.

I recognize the importance of the Atlantic mackerel fishery. Conservation is my top priority to promote the sustainability of these stocks for future generations.

Atlantic mackerel is an important source of food for many species and plays a critical role in our ecosystem. The Department is committed to rebuilding these stocks which are in the critical zone.

Fisheries and Oceans Canada is optimistic that the Atlantic mackerel stock can rebuild, and is committed to supporting the future opening of the Atlantic mackerel commercial fishery. Next steps will be considered following the Atlantic mackerel stock assessment in 2023.

Background

On March 30, 2022, a closure of Atlantic mackerel commercial and bait fisheries was announced. Atlantic mackerel recreational, and food, social, and ceremonial fisheries will continue, and will be monitored to ensure that the goal of rebuilding this stock is not undermined.
The most recent Atlantic mackerel stock assessment took place in February 2021. The spawning stock biomass is the lowest ever observed and has been in or near the critical zone for the past 10 years. The scientific analyses indicate the Atlantic mackerel stock is overfished, the age structure has collapsed, and fishing mortality is a significant influence on stock status.
Atlantic mackerel is an important forage species and plays a critical role in the marine ecosystem. It occupies central positions in aquatic food webs and variations in abundance can affect both predators and prey.
Atlantic mackerel is a popular and an important commercial, recreational, and bait fishery, used to provide bait for other fisheries such as lobster, Snow crab, various groundfish, and tuna throughout the Atlantic regions.
In regards to bait supply, the Department is confident that harvesters can purchase bait from other sources in consideration of the mackerel closure. An increase in bait prices may be expected.
Discussions are taking place with provincial governments, fishing associations, and the processing industry across Atlantic Canada to examine issues related to the supply and demand of bait for various fisheries, particularly in advance of the spring lobster and Snow crab fisheries.
Through the Atlantic Fisheries Fund, Fisheries and Oceans Canada (DFO) has provided support to three projects focused on the development of alternative bait. Two of these alternative bait projects are in commercial production, and we will continue to work with Indigenous partners and the commercial fishing industry to further explore alternate sources.
DFO met with stakeholders at the Atlantic Mackerel Advisory Committee (AMAC) on February 2, 2022, to consult on the management measures for the upcoming fishery. A number of possible management options, including closure, to help rebuild the stock were discussed with industry stakeholders. Industry favoured continued fisheries with proposed total allowable catch (TAC) levels ranging from a rollover of the 2021 TAC (4,000 t) to 10,000 t. Non-governmental organizations and many First Nations supported a more ambitious conservation-based approach, up to and including closures.
The U.S. mackerel fishery is an important factor to consider with respect to the future sustainability of the stock, as annual U.S. removals of Canadian-spawned mackerel can be significant. Canada has taken strong measures to support mackerel rebuilding and will advocate for U.S. counterparts to take complementary measures in their waters. The U.S significantly reduced the allowable commercial catch in 2022 due to conservation concerns highlighted in the recent U.S. stock assessment. While the U.S and Canada make their own decisions regarding mackerel catch levels in their respective waters, both countries work together to share information and knowledge, so that this complex stock is managed responsibly.

Category B lobster licences

The categorization of licences in the lobster fishery began in 1976.

Category B licences, which allow for modest levels of harvesting, were an accommodation for harvesters who have a historical attachment to the fishery.

Our current policy states that Category B licences cannot be reissued and extinguish upon the death or retirement of the licence holder.

Keeping lobster fishing removals at sustainable levels remains a primary objective for the fishery.

Federal Court Decision

Fisheries and Oceans Canada is aware of the Federal Court decision on Publicover v. Canada. Given this matter is with the Department for re-determination, I have no comment to make at this time.

Background

Category B Lobster Licences

Management measures were first introduced in the lobster fishery in the 1960’s and early 1970’s to limit overall participation in the fishery. After receiving a recommendation from the Lobster Task Force in April 1975, and following a decline in lobster landings, then DFO Minister, Romeo Leblanc, announced the implementation of the “Moonlighter Policy” in 1975.
The Moonlighter Policy was implemented to prevent the issuance of licences to people not fully dependent on the fishery which would allow a smaller fleet to catch more lobster per fisher and to support conservation by reducing the fishing effort. It was announced that licences issued to those persons with full time employment in year-round occupations, or in occupations that coincided with the lobster season, would not be renewed in 1976. In addition, a freeze on the re-issuance of licences was also announced, and that the number of licences on the Atlantic Coast would not exceed the present total and would be reduced each year until there was a better balance between the fishing effort and the resource.
In November 1976, the Moonlighter Policy was modified to include three categories of licences. Category A licences were issued to persons who had previously been referred to as “bonafide” fishermen, which meant they were licence holders who were not fully employed outside of the fishing industry or who did not have “full time seasonal employment”. Category B licences were issued to persons with regular employment but who were licensed as the main operator in the lobster fishery in 1968 and earlier. Category B licences were not re-issuable. Category C licences were issued to persons who were licensed as an operator in the lobster fishery since 1968 but who did not meet the requirements set out for category A or B licences. They were not re-issuable and expired two years after their issuance.
To the Department’s knowledge, there were 398 category B licences in the early 1980’s. Through the retirement of category B licences, this number had decreased to 81 licences by 2022.

Publicover

Through a series of letters sent by counsel for Mr. Donald Publicover to Minister Jordan in 2020, Mr. Publicover asked the Minister to exercise her discretion to allow him to have the category B licence that is issued to him re-issued to an eligible third party.
On August 5, 2020 Minister Jordan denied this request and Mr. Publicover filed an application for a judicial review.
On December 22, 2021 the Federal Court of Canada (FCC) allowed the application, set aside the Minister’s refusal, and sent the matter back to the Minister for re-determination.
The matter is with Fisheries and Oceans Canada for re-determination.

Increased Interest From Current Licence Holders and Estates

Since the FCC ruling, there has been an increase in the volume of category B licence holders, and estates of former licence holders, seeking a policy exception for the licence issued in their name.
Each request is being reviewed by DFO on a case-by-case basis and elevated to the Minister for decision.

Foreign ownership

My Department is aware of the concerns previously expressed by Parliamentarians and some stakeholders about the degree of foreign ownership of Canadian fishing enterprises and concentration of fisheries access.

On the East coast, regulations mandate that all inshore licences be held and fished by Canadians or businesses that are wholly owned by Canadians. We also have a long-standing policy that requires other Atlantic licence holders be at least 51 per cent Canadian-owned.

We just concluded an information-gathering exercise that will identify who is benefitting from commercial fishing access. This information will be used to develop a baseline understanding of the extent of foreign control and concentration of access in Canada’s commercial fisheries.

Careful consideration of the potential impacts on existing licence holders across all commercial fisheries, as well as Canada’s international trade obligations, are required before any policy changes can be considered or introduced.

Background

On May 7, 2019, the Standing Committee on Fisheries and Oceans released its 21st report, entitled “West Coast Fisheries: Sharing Risks and Benefits”. The report included 20 recommendations that called for significant changes to the current fisheries management and licensing regime, including preventing foreign beneficial owners from holding fishing licences or quota in the future.
The Government Response was tabled on July 9, 2020, and committed DFO to producing a comparative analysis of the East and West Coast licensing policies, as well as analyzing existing data gaps in Pacific region’s licensing management system. The Government Response committed DFO to further consult key stakeholders on the issued raised in the report.
Since the FOPO report’s initial release, some stakeholder groups have continued to express support for the Committee’s recommendations, while other organizations are opposed and have raised concerns about the potential economic consequences of significant changes to industry operations.
In the spring of 2020, DFO launched an analysis of its existing foreign ownership policies and the impacts of any potential changes. During the preliminary stages of this analysis, the Department concluded that it lacks recent and comprehensive information required to validate or invalidate the concerns put forth by the Standing Committee and some stakeholders. In February 2021, the Department contracted the Forensic Accounting Management Group (FAMG), under Public Services and Procurement Canada, to develop a survey (the Beneficial Ownership Survey) that would identify who is benefitting from commercial fishing licences and quota, and validate the concerns identified by Parliamentarians.
Since Summer 2021, the Department has been engaging key stakeholders from all regions to introduce them to the Beneficial Ownership Survey’s intent, objectives, and timelines. Widespread notification of the Survey’s expectations is underway. Feedback from key industry stakeholders has been supportive of the Department’s desire to better understand its licence holders and industry participants.
The “Beneficial Ownership Survey” (the “Survey”) is designed to gather information on the corporate structure of commercial licence holders. The information, once analyzed, will give DFO a baseline understanding of the extent of foreign control and concentration of access across Canada’s commercial fisheries. The Survey will be administered to all commercial licence holders and vessel owners in Pacific party- and vessel-based fisheries, as well as all Atlantic, Quebec, and Arctic midshore, offshore, and exempted fleet fisheries. Roughly 3000 unique vessel owners and licence holders will be surveyed across Canada. Communal commercial licence holders fishing under the authority of the Aboriginal Communal Fishing Licences Regulations and Atlantic inshore licence holders will be exempt from the Survey. Atlantic inshore licence holders’ corporate structure is already regulated under Part III of the Atlantic Fishery Regulations (i.e., the inshore regulations).
The Beneficial Ownership Survey is intended to be an information-gathering exercise only with no planned policy responses at this time. The Survey’s findings may demonstrate that the current division of access is acceptable and supports the Minister's socio-economic, cultural and conservation objectives; the findings may also identify behaviours or arrangements that the Department may want to address.
In February 2021, DFO strengthened the current application of its foreign ownership restrictions in Atlantic Canada. Under the “Enhanced Application of Foreign Ownership Restrictions”, the 49 per cent foreign ownership limit is applied to the full corporate structure of prospective licence holders for all future licence re-issuances in the mid-shore, offshore, and exempted fleet fisheries in Atlantic Canada and Quebec, where this policy applies. Industry participants not provided any opposition to the enhanced measures, thus far.
In Summer 2021, Pacific region staff began to host discussions with key industry stakeholders on the recommendations of the Committee’s report. Discussion topics include DFO’s collection of socio-economic data and the existing data gaps, advisory board structures and representation, and industry-led owner-operator proposals.

Great Lakes Fishery Commission (GLFC)

The Great Lakes are important to the environment, economy, health, and well-being of both Canada and the United States, and our Government is committed to preserving our freshwater resources and protecting the Great Lakes from invasive species.

The Commission’s efforts are vital to controlling sea lampreys, conducting scientific research, and maintaining cooperation among Canadian and American agencies in the management of the Great Lakes and its fisheries.

For over 60 years, Canada, in close partnership with the United States, has directly supported the work of the GLFC to preserve our freshwater resources by protecting the Great Lakes from the impacts of invasive sea lamprey.

As part of the Budget 2022, the Department successfully brought forward a proposal seeking additional incremental funding of $44.9 million over five years and $9 million ongoing for DFO and its support to the GLFC, to ensure the continued success of the Commission in contributing to the health of the Great Lakes.

This funding will help to augment Canadian sea lamprey control activities, and support the GLFC’s research agenda and binational fisheries management coordination efforts across the Great Lakes.

If pressed on governance change

I know that the Commission and its secretariat staff have been advocating for a governance change from Fisheries and Oceans Canada to Global Affairs Canada, and that a related motion was introduced during the previous session of the House.

This is a more complex matter than it appears on the surface. We are continuing to assess the implications of a possible change in responsibility, and are in regular communication with the GLFC’s secretariat on the matter.

As officials conduct their analysis, we will ensure that the work of the Commission and DFO’s ongoing delivery of critical sea lamprey control measures are not adversely impacted or needlessly disrupted.

Our goal is to ensure that the Commission is best positioned to fulfill its mandate and receive the necessary support from our government to that end.

Background

The Great Lakes Fishery Commission (GLFC) was established by the 1954 Convention on Great Lakes Fisheries between Canada and the United States of America, with the objective of protecting and sustaining the Great Lakes fishery.
The 1954 Convention charges the commission with five major duties:
- develop a binational research program aimed at sustaining Great Lakes fish stocks;
- coordinate or conduct research consistent with that program;
- recommend measures to governments that protect and improve the fishery;
- formulate and implement a comprehensive sea lamprey control program; and
- publish or authorize publication of scientific and other information critical to sustaining the fishery.
The GLFC is made up of eight Commissioners (four each from Canada and the United States [US]) and one US Alternate Commissioner. The GLFC operates under the direction of the Commissioners, and functionally operates independently from government.
Canada and the US government support the Commission through a cost-sharing arrangement that reflects the distribution of territorial waters and the value of each nation’s fishery. Canada agreed at the inaugural meeting under the 1954 Convention to contribute 31 per cent of funding for the transboundary sea lamprey control work, and 50 per cent of other research and administrative costs (e.g., secretariat/salaries). The US provides the remaining funding.
In recent years the US government has decided to increase its contributions to the Commission; however, Canadian contributions have remained static. In 2021, Canada’s contribution was $10.6M per year.
As part of the Budget 2022 process, the Department successfully brought forward a proposal seeking additional incremental funding of $44.9 million over five years and $9 million ongoing for the GLFC, to ensure that Canada meets its bilateral treaty requirement with the US - bringing Canada’s contribution up to $19.44M in 2022 and moving forward. This funding will help to augment Canadian sea lamprey control activities, and support the GLFC’s scientific research and binational fisheries management coordination across the Great Lakes.
In recent years, the GLFC has been lobbying key stakeholders in the US and Canada, including Members of Parliament (MPs), and US Senators and Representatives, with their request for a portfolio change. Subsequently in April 2021, eighteen MPs wrote to Minister Garneau requesting a change in Canadian leadership for the GLFC from DFO to Global Affairs Canada (GAC).
A motion was also introduced in June, during the previous session of the House of Commons, requesting an immediate transfer of responsibility for the GLFC to GAC. With the dissolution of the 43rd Parliament on August 15, 2021, all associated Parliamentary business and activity, including motions before the House, lapsed. As a result, Motion-91 is no longer being considered.
In September, the GLFC followed this up with a letter from one of Canada’s Commissioners to the Prime Minister, Minister Garneau, and Minister Jordan, requesting that the shift in federal responsibility be reflected in the forthcoming ministerial mandate letters. DFO and GAC, with support from the Privy Council Office and the Department of Justice, are assessing the implications of a possible change in federal leadership and fiscal responsibility for the GLFC. The deployment of the sea lamprey control program would presumably remain with DFO, though how it would receive its funding, now and into the future, is less clear. There is complexity to what the GLFC is proposing, splitting functions and authorities related to the GLFC between two portfolios, and also lack of clarity on what it would accomplish.

Illegal, unreported and unregulated fishing

Our government recognizes that illegal, unreported, and unregulated fishing – or IUU fishing - is devastating to fish stocks, ecosystems, and economies around the world.

As a member of the High Level Panel for a Sustainable Ocean Economy, the Prime Minister has endorsed priority actions to combat this harmful activity.

Canada is a leader at multilateral international bodies mandated to manage fisheries in the high seas, where we actively contribute to strong policy efforts to curb IUU fishing.

In 2019, we committed nearly $12 million to develop new surveillance technologies and improve information and intelligence sharing to support vulnerable developing states, such as our cutting edge Dark Vessel Detection project.

Canada is active in multilateral operations to combat IUU fishing and protect migratory fish stocks in the Atlantic and Pacific, including the deployment of aircraft and inspection personnel to international waters.

Canada’s domestic licensing regime and management measures ensure that harvesting and trade in responsibly harvested Canadian fisheries resources accords with international requirements, while its implementation of the Port State Measures Agreement confirms that fisheries products entering the Canadian market are legitimately sourced.

Background

IUU fishing is estimated to account for up to 30 per cent of fish landings worldwide and removes as much as $30B from the world’s economy annually. It is increasingly linked to crimes of convergence such as drug trafficking and human slavery, and therefore poses a serious risk to global security, in addition to contributing to the decline of marine habitat
Much of the high seas, beyond national jurisdiction, are under- or un-monitored. These areas are particularly susceptible to activities of IUU fishing.
Canada’s economy (75,000 jobs in the primary fishing and aquaculture sector) and natural resources (especially straddling and highly migratory fish stocks) are put at serious risk by IUU fishing.
Canada is a member of seven regional fisheries management organizations (RFMOs), where Fisheries and Oceans Canada (DFO) is the government’s engagement lead. Beyond securing Canada’s access to fish stocks managed by these organizations, DFO officials also work to ensure strong and effective management measures, based on the best available science, are adopted. Overall Canada’s objective is to prevent overfishing and activities that could undermine the sustainability of those internationally managed species (including those caught incidentally). A fundamental component of RFMOs’ work to improve compliance with adopted management measures is the implementation of a robust monitoring, control and surveillance scheme, including high seas boarding and inspection regime
The High Level Panel for a Sustainable Ocean Economy has agreed to a headline commitment of 100 per cent sustainable management of ocean under national jurisdiction, by 2025. For Canada, this will be pursued through the development of a national blue economy strategy. A key pillar of a sustainable ocean economy revolves around Ocean Wealth, of which sustainable ocean food to support global food security, is a key component. From a fisheries perspective, the goal of eliminating IUU fishing is integral to achieving the overall objectives of sustainable ocean food, and therefore a sustainable ocean economy. Canada is actively involved in ongoing negotiations at the World Trade Organization (WTO) to achieve the United Nations Sustainable Development Goal (SDG) 14.6) of eliminating subsidies that contribute to IUU fishing and prohibit certain forms of fisheries subsidies which contribute to overcapacity and overfishing, while recognizing the need for appropriate and effective special and differential treatment (S&DT) for developing and least developed countries. Although the 2020 deadline under SDG 14.6 was not met, negotiations among the 164 members of the WTO continue to intensify with a view to concluding as soon as possible.
Fisheries and Oceans implemented the commitments outlined in the G7 Charlevoix Blueprint for Health Oceans, which included $11.6M in funding for developing new satellite-based technologies to track illegal fishing, funding to develop an intelligence sharing network, and work with NGOs to combat IUU fishing around the world. This funding ended April 1, 2022.
Canada’s surveillance and inspection presence is robust and IUU fishing is mitigated through international cooperation and joint enforcement missions.
Canada ratified the Port State Measures Agreement in 2019, which has as its objective, preventing IUU fishing vessels from landing their catches in the ports of member states.

Marineland’s beluga transfer to Mystic Aquarium in the United States

In May 2021, five beluga whales were exported from Marineland to Mystic Aquarium. The transfer permits were issued by my predecessor. My Department’s assessment of the permit applications looked at the value and validity of the proposed research as well as animal welfare and ethical considerations.

I was saddened to learn of the deaths of Havok and Havana following the transfer. I am also aware that the U.S. government is conducting an investigation into the whales’ deaths. This is a situation my Department continues to monitor.

If pressed on opening an investigation into the Marineland transfer

Under the Fisheries Act, the responsibility for authorizing the import and export of live cetaceans falls to me as Minister of Fisheries, Oceans and the Canadian Coast Guard. However, in Canada, aquatic parks and zoos, animal care and private property of animals are primarily under provincial jurisdiction.

The results of any investigations of the transfer to Mystic Aquarium, along with many other considerations in accordance with the applicable Fisheries Act provisions and supporting policy, will be factored into any decisions to issue or refuse to issue future transfer permits.

Background

Canadian legislation aimed at ending the captivity of cetaceans

In June 2019, provisions aimed at ending the captivity of cetaceans were added to the Fisheries Act and the Criminal Code; these amendments prohibit fishing for a cetacean with the intent to take it into captivity, except where the Minister of Fisheries, Oceans and the Canadian Coast Guard authorizes such fishing because the Minister is of the opinion that it is required (e.g., the animal is injured or in distress or is in need of care).
It also establishes restrictions on keeping and breeding cetaceans in captivity and on importing and exporting living cetaceans, or sperm, egg, or embryo of a cetacean, into or from Canada.
Additionally, while the cetaceans that were in captivity in Canada at the coming into force of the legislation can remain in captivity, the Criminal Code prohibits using captive cetaceans in performances for entertainment purposes, unless the facility obtains a licence from a province.

DFO’s Cetacean Permitting Policies

DFO developed a suite of policies to guide the Minister’s decisions in issuing Fisheries Act permits related to cetaceans in captivity. An online public consultation on these policies was conducted from August to November 2020, where close to 9,000 submissions were received. On May 11, 2021, the Minister of Fisheries, Oceans and the Canadian Coast Guard approved the finalized policy documents which had been strengthened following public consultation. Interim permitting criteria consistent with the final policies has been used to make recommendations on export permit requests received by the Department since June 2019.

The transfer of the five belugas from Marineland to Mystic Aquarium

Marineland is the only aquarium in Canada that currently holds cetaceans. While not confirmed, it is understood that the facility holds approximately one orca whale (Kiska), five bottlenose dolphins, and a population of around 50 beluga whales. None of the cetaceans were caught in Canadian fisheries waters.
To export a living cetacean from Canada, two types of permits are required:
- a permit issued under the Convention on the International Trade in Endangered Species of Wild Flora and Fauna (CITES); and,
- a Fisheries Act permit issued under section 23.2(2)

CITES export permit

CITES export permits for aquatic species are issued by DFO on behalf of Environment and Climate Change Canada, which is responsible for CITES in Canada. The CITES permitting process takes into account whether importing or exporting an animal would be detrimental to the survival of its species, and ensures it will be transported in a way that minimizes risk of injury or risk to its health.
In this particular case, CITES permits were issued for Havana and Kharabali in January 2021, and for Jetta, Sahara and Havok, in February 2021. Prior to issuance, DFO verified the transportation plan for the whales met the standards of the International Air Transport Association’s Live Animal Regulations which have been designed to minimize the risk of injury, damage to health or cruel treatment.

Fisheries Act export permit

Under the Fisheries Act, the Minister may issue a permit authorizing the importation or exportation of a living cetacean if it is for the purpose of conducting scientific research; or if keeping the cetacean in captivity is in the best interests of the cetacean’s welfare. The Minister may impose any conditions that he or she considers appropriate in the permit and may also amend, suspend, or cancel the permit.
Export permits issued under section 23.2(2) of the Fisheries Act were approved for Havana, Kharabali and Jetta in April 2021, and for Sahara and Havok in May 2021.
Prior to issuing the five Fisheries Act permits, DFO determined that:
- overall, the proposed research was scientifically sound and could be useful to Canadian interests;
- the American facility had demonstrated that the researchers involved in the work had relevant scientific publications on beluga whales, including biology, physiology, immunology, genetics, and more;
- the animals would be well-accommodated and cared for in the long-term, in an accredited facility;
- the proposed scientific use of the animals was consistent with Canadian animal care standards, and the proposed public display was within acceptable limits; and,
- the American facility would not breed the animals.
DFO also received an attestation of good health for each beluga proposed for export (including an attestation of absence of pregnancy for the females); written confirmation from Mystic Aquarium that the five exported whales would not be bred or participate in any breeding program, nor would they be used for entertainment purposes; and, detailed information on the potential impacts (and mitigation strategies) that the removal of the five beluga whales would have in terms of breaking familial bonds
Should Marineland make further requests to export cetaceans, the Department has the authority to require the submission of any existing reports on the five beluga whales exported from Marineland to Mystic Aquarium, as part of its review process. These reports, along with many other considerations, may be factored into the decision to issue or refuse to issue future export permits. Examples of existing reports could include evaluations of past compliance with permit conditions, and/or the results of an investigation on any beluga that has died or become ill following a previous exportation.

Recent deaths among beluga whales transferred from Marineland

In May 2021, the five beluga whales were transported from Marineland to Mystic Aquarium in Connecticut, United States.
Two of the whales have since died. Havok, a young male passed away in August of 2021, and Havana, a female passed away in February 2022. According to Mystic Aquarium, Havok had a pre-existing gastrointestinal issue, which they were aware of prior to the transfer. The cause of death for Havana has not yet been released. Jetta, another beluga transferred from Marineland, has also been reported to be “seriously ill” and in Mystic’s Intensive Care Unit.
Following the death of Havok in August of 2021, all research activities at Mystic have been suspended until NOAA Fisheries authorizes research to resume.

Recent media coverage

Animal rights groups were vocal in their opposition to the transfer of the belugas and have publicly scrutinized the decision. Recent media coverage has reported on the deaths of Havok and Havana, as well as the failing health of Jetta.
This has resulted in heightened public concerns regarding the welfare of all the cetaceans at Marineland, including reports of poor water quality, and a viral video depicting the solitary orca, Kiska. An online petition to “free Kiska” has garnered 405,500 signatures as of April 2022.

United States (U.S.) Investigation and Jurisdictional Authority in Canada

The U.S. government (National Marine Fisheries Service, coordinating closely with the U.S. Department of Agriculture) is conducting investigations into the deaths of the two whales, Havok and Havana.
This has prompted some animal rights groups and their supporters to urge DFO to launch a similar investigation into the health of the belugas prior to their transfer to Mystic, and the overall conditions at Marineland.
However, aquatic parks and zoos, animal care and private property of animals are primarily under provincial jurisdiction in Canada.
The Ontario provincial government (Ministry of the Solicitor General) is responsible for animal welfare in Ontario and for inspecting aquatic parks. Compliance with provincial animal welfare laws falls under the legal authority of the province of Ontario.
In May 2021, inspectors with Ontario’s Animal Welfare Services issued two orders to Marineland to repair the water system in the pools that house beluga whales, dolphins and Kiska.
In December 2021, Marineland was reportedly charged with allegedly using a captive cetacean for performance for entertainment purposes without authorization after the Niagara Regional Police Service investigated two complaints against Marineland over how the facility uses whales in public appearances. The case is currently ongoing.

Proposed Whale Sanctuary Project

Animal rights groups have strongly advocated to see Kiska and other Marineland cetaceans moved to seaside whale sanctuaries instead of remaining at Marineland or being moved to other aquariums.
There are no established sanctuaries in Canada that could house cetaceans, although there is a proposed whale sanctuary project in Port Hilford, Nova Scotia that is currently in the planning phase.
The proponents of this project are engaged with the relevant provincial authorities and DFO’s regional office on permitting and assessment processes for the establishment of this facility and we continue to track developments in this project.

Quota allocation

As Minister of Fisheries and Oceans, my Department manages over 200 fisheries on three coasts through complex management decisions, including the allocation of quota.

I recognize that these decisions have socio-economic impacts for many Canadians, as well as environmental impacts for the future of Canada’s fisheries.

The quota allocation decisions I make under the authority of the Fisheries Act are grounded in science, guided by policies and carefully informed by socio-economic considerations, as well as Indigenous and Treaty Rights, international agreements, and stakeholder consultations.

As a government committed to science-based decision making, we are working to provide sustainable fishing opportunities for Canadians, now and for years to come.

Background

Mandate

The Fisheries Act gives the Minister authority over fish harvesting in relation to: (1) How much: total allowable catch (TAC); (2) Who: access and quota allocation (who can fish, individual and/or fleet shares); (3) When: times and seasons for fishing, fishery closures; and, (4) How: management measures and harvesting plans to ensure conservation of the resource (e.g., gear type and amount, monitoring and reporting requirements)
The Act and regulations establish authorities but also set out obligations that must be met in making decisions related to fish harvesting.

Fisheries Management Decision Making

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;
- politically sensitive issues; and,
- mandates for key international fisheries negotiations.
Many other decisions are sub-delegated to regional authorities (i.e., Regional Directors General): management measures, TAC, quota transfers, openings and closures.
Fisheries management decisions are required to adhere to the following principles (in order of priority): conservation, Indigenous and Treaty Rights, legally binding agreements, and orderly management

Key Inputs to Inform Ministerial Discretion in Quota Allocation

Science advice: peer reviewed science advice on stock status, TAC, and other conservation measures
Fisheries policies: The Sustainable Fisheries Framework (SFF) is a suite of policies that set out procedures to manage the risks fisheries pose to stocks and other ecosystem components. These include policies on the Precautionary Approach (PA), bycatch, sensitive habitat, fishery monitoring. The PA is a key policy which commits the Department to 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.
Socioeconomic considerations: Analysis of short- and long-term impacts of fisheries decisions on the fishing industry and reliant communities, including any adverse effects of decisions on the rights of Indigenous peoples
Partners and stakeholder consultations: A broad set of advisory processes involving, Indigenous partners, fishing industry participants, the provinces, and commercial, recreational, and environmental groups. In addition to formal advisory processes, partners and stakeholders are regularly connected to regional and national DFO officials, and frequently contact the Minister’s Office directly on fisheries issues.

Fish Stock Provisions

Added to the Fisheries Act in 2019, these provisions 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.
As of April 4, 2022, 30 major fish stocks are now subject to the provisions.

Indigenous and Treaty Related Fishing Rights

The Department has legal obligations to Indigenous groups under the Constitution and Court decisions: Marshall (moderate livelihood), Sparrow (FSC), Ahousaht (right to sell fish from their territory).
There are unique fisheries management decision processes for land claims groups outlined in legally-binding agreements.
Some Indigenous groups may require separate meetings on fishery management related matters, outside the standard advisory process, or it is not considered “consultation”.
Many rights-based Indigenous groups are seeking an enhanced decision-making role in fisheries, and increases and priority for access/allocation and/or funding to enhance commercial fishing opportunities; this is being accommodated in part through negotiations of reconciliation agreements.

International Fisheries Management

DFO also has international fisheries responsibilities. Roughly 20% of Canada’s fish stocks are managed in cooperation with international counterparts, either through bilateral or multilateral arrangements. This provides a forum for cooperation on policy, fisheries management, enforcement, science and conservation, and, in many cases, decisions that include negotiation of Canadian shares of a fishery.

Russian engagement in international fisheries and oceans fora

The Putin regime’s attack on Ukraine is a war on freedom, democracy and the right of Ukrainians to choose their own future. As we’ve made clear since the beginning, Canada will continue to hold Russia to account within the rules based international order.

We are working closely with NATO and G7 partners, as well as other likeminded countries, in our approach to Russia within the international community.

This includes at international fisheries and oceans organizations responsible for regulating the rights and responsibilities of its members fishing in international waters, like the Northwest Atlantic Fisheries Organization – or NAFO.

Russia does not -and will not, fish in Canadian waters.

Russia as Chair and President of NAFO

Russia became the Chairperson and President of the organization last September, but in March the incumbent stepped aside.

If pressed on removing Russia from NAFO

Canada is one Party to NAFO and the other international organizations it is a member of. We are engaged with other Parties on how to approach this situation.

We need to be conscious of what NAFO does and does not do. A party removed from NAFO would no longer be subject to NAFO quota, regulations and enforcement. It would likely continue to fish in these international waters – by its own rules.

We will take action with our allies to sanction Russia for its aggression in ways that have the desired impact.

Background

In response to the Russian Federation’s illegal invasion of Ukraine, Canada and like-minded NATO and G7 countries have imposed severe and sweeping sanctions against the Putin regime.
The international community is having to make decisions on how to continue with its wide-ranging international obligations, navigating Russian membership and participation in such organizations. International fisheries and oceans organizations are no exception, e.g., the United Nations, the Food and Agriculture Organization, the Arctic Council, international oceans science bodies and regional fisheries management organizations (RFMOs).
Canada deplores Russia’s attack on Ukraine, which has had ripple effects and is impacting various aspects DFO’s work, including regional fisheries management and enforcement in both the Atlantic and Pacific spheres, science within RFMOs and other international scientific bodies, Arctic science and marine protection, etc.
These important multilateral efforts must continue, while balancing the need to limit interactions with Russia and continue to hold it to account within the rules based international order, including the regulations of RFMOs. In line with the Government of Canada’s approach, DFO is coordinating with like-minded parties (e.g., US, EU, UK, France) to ensure that our approaches and actions are aligned in this respect.
The high seas are international fisheries waters outside of the national jurisdictions of coastal States (Exclusive Economic Zones (EEZs) within the 200 nautical mile limit). All States have the freedom to fish on the high seas, subject to obligations to cooperate in the conservation and management of fisheries resources. RFMOs are the most common mechanism of this international cooperation. RFMOs regulate the rights and responsibilities of their members via their Convention texts and the conservation and management measures adopted by each organization, such as negotiated shares, total allowable catches and quotas, reporting obligations, enforcement mechanisms, etc.
Founded in 1979, the Northwest Atlantic Fisheries Organization (NAFO) is the RFMO that manages most fishery resources of the Northwest Atlantic except salmon, tunas/marlins, whales, and sedentary species (e.g., crab, lobster). These are primarily groundfish, shrimp and squid stocks. Thirteen Contracting Parties, including Canada, the Russian Federation and Ukraine, have acceded to the NAFO Convention on Cooperation in the Northwest Atlantic Fisheries. While the NAFO Convention Area includes the EEZs of coastal States, including Canada, NAFO only has the authority to regulate the fishing activities in its Regulatory Area on the high seas, where NAFO fishing is permitted to take place.
Russia fishes within what is called “the NAFO Regulatory Area” (or the NRA). The NRA falls within the high seas, international waters beyond 200 nautical miles from Canada’s coast, outside of our exclusive economic zone (EEZ). Membership to NAFO does not permit Russia or any other party to fish within Canada’s EEZ. Canada does occasional make bilateral agreements with other countries – outside of the NAFO Convention, to allow some fishing inside Canada’s EEZ. The only such example at present, in the Atlantic Ocean, is with France (in respect of Saint Pierre and Miquelon).
Parties to NAFO, much like parties to any other RFMO, are bound to quotas, shares, enforcement regimes. If Russia were no longer a Party to NAFO (i.e., it was “kicked out”), its vessels would still be able to fish within the NRA – international waters on the high seas, they would simply be doing so without obligation to follow NAFO’s rules, regulation, and enforcement.
This would carry a risk that they would disregard the conservation and enforcement measures in place (e.g., total allowable catches, bycatch limits (including for species under moratoria), etc.), which could increase fishing pressure on stocks under NAFO’s jurisdiction, including transboundary stocks. Like-minded parties to NAFO agree that Russia must continue to be held to account within NAFO’s regulations.
As the largest inspection presence in the NRA, Canada would also need to consider implications with respect to authority to undertake boarding and inspections of Russian vessels under NAFO protocols, as well as implications and risks (i.e., safety, willingness on Russia’s part to allow boarding and inspection) for Canadian Fisheries Officers undertaking such inspections. As per NAFO measures, such inspections would only take place with the permission of the master.
There are currently 19 Russian vessels authorized to fish in the NRA, but only approximately five to six regularly fish in this area, depending on yearly NAFO allocations. There are currently (as of April 6, 2022) two Russian vessels fishing for redfish in the NRA, on the tail of the Grand Banks outside of Canada’s EEZ (NAFO division 3N). These vessels operate out of Port Vigo (Cangas) Spain. While originally Spanish vessels, they are now flagged to Russia.
The President and Chairperson of NAFO is Russian (as of September 2021), but he stepped aside in early March. The United States currently holds the Vice-Chair role and has therefore assumed the role of Chair/President. The role of President and Chair at NAFO, like at other RFMOs, should not be overstated. Authority and decision making at NAFO, as at all RFMOs, lies with members; not with the President/Chair.
Other RFMOs to which Canada and Russia are both Parties include the North Pacific Fisheries Commission (NPFC), the North Pacific Anadromous Fish Commission (NPAFC), the International Commission for the Conservation of Atlantic Tunas (ICCAT), the North Atlantic Salmon Conservation Organization (NASCO), and the Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR).

Date modified:: 2022-06-30

Ministerial Appearance at the Senate Standing Committee on Fisheries and Oceans (POFO) DFO Parliamentary Affairs May 2022

Table of contents

Opening remarks

Vision for the future of our oceans

Conclusion

Departmental updates

Blue Economy Strategy

Background

Implementation of the modernized Fisheries Act

Background

Scientific processes and excellence at Fisheries and Oceans Canada

Background

Fish harvester benefit program

Background

Ghost gear program

Sustainable Fisheries Solutions and Retrieval Support Contribution Program (Ghost Gear Fund)

Ghost Gear Fund Results

Background

Impacts of ghost gear

Canadian context

Diversity and equity

Background

Systemic racism

Background

Indigenous topics

Reconciliation with Indigenous Peoples

United Nations Declaration on the Rights of Indigenous Peoples

Background:

Reconciliation with Indigenous Peoples

United Nations Declaration on the Rights of Indigenous Peoples

Indigenous traditional knowledge in decision making

Background

Moderate livelihood fishing

Background

Collaborative fisheries arrangements with Indigenous and non-Indigenous fish harvesters

Background

Ahousaht (Five Nuu-chah-nulth) First Nations

Area E crab - reduction in commercial trap limits

Background

Ahousaht (Five Nuu-Chah-Nulth) First Nations

Area E Crab - Reduction in commercial trap limits

Increasing First Nation participation in the commercial elver fishery

Background

Issuance of a fourth Arctic surf clam licence

Background

Nunatsiavut Government seeking access to the Northern shrimp fishery

Background

Sale of Clearwater Seafoods Incorporated

Background

Canadian Coast Guard

Emergency response readiness

Background

Maritime safety

Background

Marine Navigation Programs

Environmental Response

Search and Rescue

Canadian Coast Guard College

Pacheedaht First Nation Marine Safety Centre

Background

Aquaculture

Federal Aquaculture Act

If pressed:

Background

Marine finfish licence reissuance

Background

Net-pen aquaculture transition in British Columbia

Background

Science

Aquatic invasive species

Background

Aquatic Invasive Species

Zebra and Quagga Mussels

Miramichi Lake and River

European Green Crab

Goldfish

Vase Tunicate

Lobster Science Partnership Roundtable

Background

Management of the Atlantic Seal Harvest

Ministerial Appearance at the Senate Standing Committee on Fisheries and Oceans (POFO)
DFO Parliamentary Affairs May 2022