Tab B3 - Fisheries Management
On this page
- Purpose
- DFO manages over 200 fisheries on three coasts
- Mandate and tools
- A shared responsibility
- Fisheries management decision-making
- Decision-making is supported by
- Who makes decisions
- Fisheries management annual cycle
- Fishery Advisory Committees
- Indigenous and treaty-related fishing rights
- Annex A - Sustainable fisheries framework
- Annex B - Precautionary approach
- Annex C - Fish stocks provisions
- Annex D - IFMPs
- Annex E - International Fisheries Management
- Annex F - International Fisheries Multilateral Regional Fisheries Bodies/Agreements
- Annex G - Types and Locations of Species
Purpose
- To provide an overview of Canada’s fisheries management process.
DFO manages over 200 fisheries on three coasts
- Three types of fisheries: commercial; recreational; and, Indigenous food, social, and ceremonial (FSC).
- Some fisheries operate in a specific season, while others are year-round.
Commercial Landings 2023
Groundfish $372.0 million
- Greenland Halibut
- Cod
- Atlantic Halibut
Pelagics $129.1 million
- Arctic Char
- Albacore Tuna
- Herring
- Pacific Salmon
- Pacific Herring
- Mackerel
- Bluefin Tuna
Shellfish $3.1 billion
- Shrimp
- Clams & Geoduck
- Snow Crab
- Surfclam & Scallops
- Lobster
Other $10.2 million
- Atlantic Salmon
- Walrus
- Harp Seals
- Narwhal
- Beluga
Mandate and tools
Through the Constitution Act, the Minister of Fisheries and Oceans exercises authority over coastal and inland fisheries.
The Fisheries Act gives the Minister authority over fish harvesting:
- How much: total allowable catch (TAC)
- Who: access and allocation (who can fish, individual and/or fleet shares)
- When: times and seasons for fishing, fishery closures
- How: management measures and harvesting plans (e.g. gear type and amount, monitoring and reporting requirements)
Other legislative and policy tools, such as the Fish Stocks provisions (FSP) of the Fisheries Act andthe Sustainable Fisheries Framework (SFF)* elaborate on the department’s conservation objectives.
*See Annexes A-C
A shared responsibility
DFO also has international fisheries responsibilities.
- Roughly 20 per cent of Canada’s fish stocks are managed in cooperation with international counterparts, either through bilateral or multilateral arrangements (see Annexes E&F).
Provinces have responsibility for fish processing and have been delegated responsibility for most inland and freshwater fisheries.
Fisheries management decision-making
Decisions adhere to the following principles:
- Conservation
- Indigenous and Treaty Rights
- Legally-binding agreements
- Orderly management
Conservation is the first and foremost consideration, followed by Indigenous and First Nations treaty rights, legally binding agreements (e.g. international fisheries treaties), and the orderly management of the fishery.
Decision-making is supported by science advice, fisheries policies, socioeconomic considerations, and stakeholder consultations.
Decision-making is supported by:
Science advice: peer reviewed science advice on stock status, TAC, and other conservation measures.
Fishery legislation/policies: Sustainable Fisheries Framework (Annex A) which is a suite of tools including the Precautionary Approach, bycatch, sensitive ecosystems, etc.; reinforced by new legislative obligations to document and publish, in some cases, the decision-making process; and licensing policies (owner operator, residency, etc.).
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.
Stakeholder consultations: a broad set of advisory processes involving Indigenous partners, fishing industry participants, the provinces, and relationships with commercial, recreational, and environmental groups.
Who makes decisions?
Traditionally, non-controversial decisions are sub-delegated to regional authorities (i.e. Regional Directors General): management measures, TAC, quota transfers, openings and closures.
Ministerial decisions are required for:
- new fishing licences;
- new or deviations from existing policy;
- discrepancies in science advice and TAC recommendations;
- multi-regional fisheries;
- land claims management board decisions/recommendations;
- politically sensitive issues; and,
- mandates for key international fisheries negotiations.
Approximately 50 ministerial decisions are sought per year.
Fisheries management annual cycle
DFO exercises authority over domestic fishing activity and harvest levels
- Planning
- Implementation planning for changes to the fishery
- Identification of science needs
- Harvesting plan review and updating
- Consultative process
- Science (CSAS)
- Advisory Committees
- Consultative processes with harvesters, Indigenous partners & other stakeholder groups (eNGOs)
- Minister’s decision
- Decision taken
- Pre-season preparations
- Licence conditions, quota allocations, TAC decisions, notice to fishers, etc.
- Fishing season
- Fisheries opening and closing
- Quota monitoring and management
- Compliance and enforcement
- Post-season review
- Review of the effectiveness of fishery measures and enforcement against objectives
- Quota reconciliation
- IFMP (see Annex)
Fishery Advisory Committees
Stakeholder engagement for major fisheries is primarily done through Fisheries Advisory Committees.
Advisory Committees serve as forums for the discussion of issues pertaining to the management and development of fisheries. They provide advice on:
- quota allocations;
- non-quota limitations (seasonal or size limitations, gear restrictions);
- conservation;
- compliance issues; and
- licencing policy.
Membership generally includes Industry (harvesters and processors), Indigenous groups and provinces
- Some advisory meetings also hold specific Indigenous-only sessions to ensure an open forum for discussion and collaboration
- Environmental and conservation groups are increasingly active
- Smaller working groups collaborate on specific projects
Indigenous and treaty-related fishing rights
Over the years, Supreme Court of Canada (SCC) decisions have provided guidance on the nature and scope of Aboriginal and treaty rights and the Governments' responsibility to manage natural resources in a manner consistent with the constitutional protection provided to Aboriginal and treaty rights:
- R. v. Sparrow (1990) - Musqueam First Nation (BC) - Aboriginal right to fish for food, social and ceremonial (FSC) purposes.
- DFO policy response through the Aboriginal Fisheries Strategy (FSC provisions and licences, collaborative management).
- R. v. Marshall (1999) - affects Mi’kmaq, Wolastoqey and Peskotomuhkati at Skutik (Maritimes/Gaspé) - treaty right to hunt, fish and gather for the purpose of earning a moderate livelihood.
- Initially DFO responded through policy, such as the Marshall Response Initiative and the Atlantic Integrated Commercial Fisheries Initiative; recognition of right was through the 2017 Rights Reconciliation Agreement Negotiation Mandate.
- R. v. Ahousaht (2013) – Five Nuu-chah-nulth Nations (West coast of Vancouver Island) - Aboriginal right to fish and sell fish from their territories.
- DFO policy response through revisions to the annual Five Nations Multi-species Fisheries Management Plan that implements the right, in consultation with the Nations; and review of Pacific Salmon Allocation Policy.
There are also unique fisheries management decision processes for land claims groups outlined in modern treaties which are constitutionally-protected agreements:
- Through the Nunavut Land Claims Agreement, the Nunavut Wildlife Management Board was established to ensure the protection and use of wildlife (including fisheries) for the long-term benefit of Inuit, Nunavut, and Canada.
- Issues are brought to the Board for decision from federal and territorial governments, Regional Wildlife Organizations, Hunters and Trappers Organizations, Nunavut Tunngavik Inc, non-governmental organizations, and the general public.
- Decisions of the Board is then forwarded to the appropriate federal or territorial Minister for approval (e.g., seals, walrus).
More recently, implementation of reconciliation agreements with First Nations has led to recognition of rights, enhanced collaborative management, and consideration of recommendations from joint management committees.
Annex A – Sustainable fisheries framework
The Sustainable Fisheries Framework (SFF) is the foundation for an ecosystem approach to fisheries, which aims to consider the impacts of fishing on all components of the aquatic environment.
The SFF consists of various policies and tools:
- precautionary approach policy (includes the development of fish stock rebuilding plans)
- specific policies for: Sensitive benthic areas, new fisheries for forage species, by-catch, fishery monitoring, etc.
- sustainability Survey for Fisheries (SSF)
- integrated Fisheries Management Plans (IFMPs)
SFF continues to evolve as new legislation, policies, and tools are created.
For example, new guidelines being developed to implement the fish stocks provisions in the Fisheries Act propose that DFO document the evidence to support decisions for prescribed major fish stocks under the provisions.
Annex B - Precautionary approach
Taking cautious action to avoid serious harm to the resource in the absence of scientific information or when scientific information is uncertain, unreliable, or inadequate and not using the absence of full scientific certainty as a reason to postpone decisions or fail to avoid serious harm to the resource.
Limit Reference Point (LRP)
- The threshold below which could result in serious harm to the stock
- Typically, the trigger for rebuilding plans
Upper Stock Reference Point (USR)
- The threshold below which removals must be progressively reduced in order to avoid reaching the LRP
Harvest Control Rules (HCR)
- Pre-agreed rules (HCRs) to avoid limits and achieve targets and take certain actions when the stock’s abundance reaches certain levels relative to those limits
Annex C – Fish stocks provisions
New fish stocks provisions, introduced under the Fisheries Act in 2019, legislate the application of Precautionary Approach principles to the management of major fish stocks prescribed by regulation under the Act.
The fish stocks provisions introduce legally-binding obligations:
- to manage prescribed stocks at levels necessary to promote sustainability
- for prescribed stocks that have declined into the critical zone (to or below their Limit Reference Point)
- to develop and implement rebuilding plans to grow the stock above the Limit Reference Point (see previous slide for terminology)
- to take into account habitat restoration measures if the loss or degradation of the stock’s fish habitat has contributed to the stock’s decline
A rationale will be published online for invoking any of following exceptions outlined in the provisions:
- mitigating adverse socio-economic or cultural impacts
- cases where rebuilding plans will not be developed for stocks in the critical zone, for reasons outlined in the legislation
Annex D – IFMPs
Decisions are managed through the development and implementation of Integrated Fishery Management Plans (IFMPs). These are established for all major fisheries, evergreen, made public and accessible.*
For each stock, IFMPs document:
- the planning cycle
- fishery objectives for all user groups (i.e., commercial, Indigenous, recreational)
- management decisions and measures
- opening times, size and retention limits, and gear restrictions
- enforcement and control measures
- at-sea observation, dockside monitoring and catch reporting
- Indigenous participation and departmental obligations through land claims or other collaborative agreements
*Increasingly online as committed in response to the 2016 CESD Audit.
Annex E - International Fisheries Management
- A broad range of economically-significant fish stocks are managed through international 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.
- Canada is member of seven multilateral regional fisheries management organizations (outlined on next slide).
- Canada is also member of a number of bilateral agreements:
- Pacific Salmon Commission (PSC) - Canada-United States (US)
- International Pacific Halibut Commission (IPHC) – Canada-US
- Pacific Hake Treaty – Canada-US
- Pacific Albacore Tuna Treaty – Canada-US
- Procès-verbal (PV) – Canada-France
- Georges Bank Stocks (non-binding arrangement) – Canada-US
- Canada is an observer / cooperating non-contracting party to: North Atlantic Marine Mammal Commission (NAMMCO); International Whaling Commission (IWC); North East Atlantic Fisheries Commission (NEAFC); and, Inter-American Sea Turtle Convention (IAC).
- Canada, with other signatories, is leading on implementation of the multi-lateral agreement for the prevention of unregulated high seas fisheries in the central Arctic Ocean.
Annex F – International Fisheries Multilateral Regional Fisheries Bodies/Agreements
Deep Sea Regional Fisheries Management Organizations
- North Atlantic Salmon Conservation Organization (NASCO)
- Northwest Atlantic Fisheries Organization (NAFO)
- North Pacific Anadromous Fish Commission (NPAFC)
- North Pacific Fisheries Commission (NPFC)
Tuna Regional Fisheries Management Organizations
- Inter-American Tropical Tuna Commission (IATTC)
- Western and Central Pacific Fisheries Commission (WCPFC)
- International Commission for the Conservation of Atlantic Tunas (ICCAT)
Regional Fisheries Management Agreement
- Central Arctic Ocean (CAO) Fisheries Agreement
Annex G – types and locations of species
Pelagic Fish (caught near surface)
- Herring
- Mackerel
- Tuna
Groundfish (caught near ocean floor)
- Halibut
- Atlantic Cod
- Haddock
Shellfish (caught on ocean floor)
- Snow crab
- Lobster
- Shrimp
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