Annex to the Cohen Response 2018 Status Update: recommendation response detail

Table of contents

• Introduction
• Wild Salmon Policy
• Fisheries management
• Habitat
• Aquaculture
• Science

Introduction

In response to the complex picture that emerged after reviewing thousands of documents and hearing from nearly 200 witnesses and experts, Justice Cohen determined there was no “smoking gun” or single factor leading to decreased Pacific salmon stocks. He did, however, make 75 recommendations. These recommendations are considered here under the 5 themes of: Wild Salmon Policy (WSP), fisheries management, habitat, aquaculture, and science.

Continued action on the Cohen recommendations is part of the Minister of Fisheries, Oceans and the Canadian Coast Guard’s (DFO) mandate letter, and progress on these actions is reported through the online Government of Canada Mandate Letter Tracker. The Government of Canada, including Fisheries and Oceans Canada (DFO) and Environment and Climate Change Canada (ECCC), as well as the Province of British Columbia (BC) have now taken actions to address all 75 of these recommendations.

Wild salmon are important to the Government of Canada, and through its actions, DFO continues to protect and rebuild the iconic and keystone Pacific salmon species in collaboration with partners for the benefit of the people of Canada and Canada’s marine, coastal and terrestrial ecosystems.

DFO has reviewed each recommendation to ensure that the department is doing all that it can, within its mandate and resources, to address the health and long-term sustainability of Fraser River sockeye salmon stocks, as well as wild Pacific salmon more broadly, but there remains more that can be done. Previous updates of actions taken were published in August 2016 and September 2017. This third and final status report provides a detailed review on the actions taken by the Governments of Canada and British Columbia to act on each of Justice Cohen’s 75 recommendations over the last 3 years.

Although this is the final Cohen Response status update, the Governments of Canada and British Columbia recognize that acting on many of the recommendations is an ongoing, incremental task. Going forward, ongoing work on many of the Cohen recommendations will continue, particularly across several key areas, such as: salmon stock assessment, salmon health status assessment, habitat protection and restoration, precautionary approach to salmon aquaculture, and fisheries management. Commitments to ongoing action to protect wild salmon are also reflected in the Wild Salmon Policy 2018-2022 Implementation Plan which outlines specific activities and approaches that will be led by the department over the next 5 years towards restoring and maintaining healthy and diverse Pacific salmon populations and their habitats.

A summary of Fisheries and Oceans Canada’s responses to the Cohen Commission recommendations are outlined below under 5 themes: Wild Salmon Policy (WSP), fisheries management, habitat, aquaculture, and science.

Wild Salmon Policy

The Cohen Commission included 8 recommendations that directed DFO to act further on Canada’s Policy for Conservation of Wild Pacific Salmon (the Wild Salmon Policy or WSP). This important policy guides the Government of Canada, its partners, and others in protecting and rebuilding the 5 iconic wild Pacific salmon keystone species and their habitats.

The department has taken a number of steps to act on the following 8 recommendations, including the development of a collaboratively developed, detailed, 5 year Wild Salmon Policy 2018-2022 Implementation Plan. Going forward, DFO will continue to collaborate and work with others to implement the Wild Salmon Policy, and ultimately to protect wild salmon.

Recommendation 4

The Department of Fisheries and Oceans should immediately create a new position in the Pacific Region at the associate regional director general level with responsibility for:

• developing and implementing the Wild Salmon Policy implementation plan recommended under Recommendation 5
• supervising the expenditure of funds provided under Recommendation 6 for implementation of the policy

The department continues to meet the objective and intent of this recommendation without the creation of a separate position.

Salmon work is integrated across all sectors at DFO, with strategic direction and oversight provided by the regional director general (RDG), Pacific Region, supported through a Strategic Salmon Directors Committee composed of regional directors and directors with accountability for the delivery of various salmon-related programs and regulatory responsibilities. This body sets the forward agenda for strategic Pacific salmon issues and makes integrative decisions around Pacific salmon management and operations, although the RDG, Pacific Region, retains overall responsibility and accountability for expenditures and the delivery of salmon work, including the programs and commitments made in the Wild Salmon Policy 2018-2022 Implementation Plan. Executive level committee discussions on Pacific salmon are supported by the integrative work done by 3 regional departmental working groups: the Wild Salmon Policy Committee, the Salmon Working Group and the Salmon Stock Assessment Coordinating Committee.

Recommendation 5

The new associate regional director general should, by March 31, 2013, publish a detailed plan for implementation of the Wild Salmon Policy, stipulating:

• what tasks are required
• how they will be performed and by whom
• when they will be completed
• how much implementation will cost, as set out in a detailed itemization of costs

The Wild Salmon Policy 2018-2022 Implementation Plan includes clear initiatives, activities, timelines and accountabilities, as well as a commitment to annual public reporting on progress. The department will fund and undertake all activities in the implementation plan over the next 5 years.

This plan was collaboratively developed between 2016 and 2018, with significant feedback from meetings and consultations incorporated into the final implementation plan document. More specifically, in fall 2016, the process for developing a WSP implementation plan was launched, and included initial broad consultations with Indigenous groups and stakeholders. Throughout spring and summer 2017, the department drafted an initial draft implementation plan in collaboration with key partners, followed by extensive consultations on the document during fall 2017 with Indigenous groups, stakeholders, and other interested parties across BC and Yukon. In the spring of 2018, the department worked again with key partners to ensure the feedback from the fall 2018 consultations was incorporated into the final, published document.

Since budgets are determined at a broad level and from multiple sources (e.g. various ongoing sector budgets, time-limited project-based funding, joint funding with partners), rather than outlining detailed spending on each implementation activity, the department has committed to fund and undertake all activities in the implementation plan over the next 5 years. With respect to DFO’s annual spending on salmon management, the department estimates that more than $80 million per year is spent on Pacific salmon activities, including resources directly related to supporting sustainable management of Fraser River sockeye, such as fisheries science, protection of fisheries habitat, salmon enhancement, catch monitoring, and enforcement.

Recommendation 6

The Government of Canada should establish dedicated Wild Salmon Policy funding sufficient to carry out the Department of Fisheries and Oceans’ implementation plan and to cover ongoing operational costs.

As outlined under Recommendation 5, budgets are determined at a broad level and from multiple sources (e.g. various ongoing sector budgets, time-limited project-based funding, and joint funding with partners); moreover, DFO operational funding is attached to programs that implement policies, rather than policies that guide programs. As such, dedicated WSP funding is allocated across DFO’s programs which support WSP implementation, and the department estimates that more than $80 million per year is spent on Pacific salmon, including resources directly related to supporting sustainable management of Fraser River sockeye such as fisheries science, protection of fisheries habitat, salmon enhancement, catch monitoring, and enforcement.

Although there is not a specific Wild Salmon Policy fund, the department is dedicated and committed to providing sufficient funds to carry out all activities in the Wild Salmon Policy 2018-2022 Implementation Plan over the next 5 years.

Recommendation 7

The new associate regional director general responsible for implementation of the Wild Salmon Policy should, by March 31, 2014, and each anniversary thereafter during implementation, report in writing on progress in implementation of the policy, and the Department of Fisheries and Oceans should publish that report on its website. Each annual report should invite responses from First Nations and stakeholders, and all responses should be promptly published on the DFO website.

The Wild Salmon Policy 2018-2022 Implementation Plan includes a clear commitment to communicating progress of activities through annual public reports, which will be published on the DFO website. The WSP annual report will provide an update on the progress of activities and will include any special mitigation measures put in place and input from First Nations and stakeholders. In addition to annual reporting, the plan includes a commitment to an overall review after 5 years, to take stock and inform the next iteration of WSP implementation planning.

Recommendation 8

By January 31, 2013, the new associate regional director general should decide whether the Habitat Management Program (Ecosystem Management Branch) or the Science Branch should take the lead role in implementing strategies 2 and 3 and what support should be provided by the other branch. The new associate regional director general should also identify who is responsible for, and set deadlines respecting, the following activities:

• preparing habitat status reports
• monitoring and assessing habitat using the habitat indicators and benchmarks developed by Stalberg et al.
• finalizing habitat indicators and benchmarks where possible

The new associate regional director general should coordinate with the Habitat Management Program to ensure consistency in implementing both this recommendation and Recommendation 41.

DFO’s Science Branch has assumed overall responsibility for the DFO deliverables under this recommendation.

Going forward, given that the habitat monitoring aspect of this recommendation will be impacted by the government’s response to the report of the Standing Committee on Fisheries and Oceans (entitled Review of Changes made in 2012 to the Fisheries Act: Enhancing the Protection of Fish and Fish Habitat and the Management of Canadian Fisheries), the Wild Salmon Policy 2018-2022 Implementation Plan includes a commitment for the plan to be reviewed at its midpoint in 2020, so that additional activities resulting from proposed reforms to the Fisheries Act can be considered, including work related to habitat and ecosystems under WSP Strategies 2 and 3.

Recommendation 9

In order to begin integrated strategic planning under Strategy 4 in relation to Fraser River sockeye without further delay, these key deliverables should be completed according to the following schedule.

• By March 31, 2013, identification of red zone conservation units under Strategy 1, based on the Grant Draft Paper 2011.
• By September 30, 2013, preparation of overview reports for the Fraser River watershed and marine areas relevant to Fraser River sockeye salmon, based on the best available information at that time. Knowledge gaps of concern to the drafters should be identified in the overview reports and a plan developed to address those knowledge gaps.
• By December 31, 2013, development of habitat indicators and benchmarks for assessment for the Strait of Georgia, Juan de Fuca Strait, Johnstone Strait, and Queen Charlotte Sound.

DFO completed identification of Fraser River sockeye salmon red zone conservation units in 2011 and published the results in 2012. A re-assessment of stock status was completed in June 2017 and the resulting Science Advisory Report was released in fall 2017. The Fraser River sockeye salmon conservation unit status results inform fisheries management, habitat, and hatchery enhancement work. This information also helped inform the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) assessment in fall 2017.

Related Science Advisory Reports may be found at the following link and assessments by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) are found here.

Habitat indicator identification and benchmarks for freshwater and estuary ecosystems have been developed by DFO as described in response to Recommendation 69 and Stalberg et al. (2009).

In addition, over the next 5 years, DFO will be focusing on 2 types of integrated strategic plans as outlined in the Wild Salmon Policy 2018-2022 Implementation Plan. First, recovery planning for any salmon species listed under the Species at Risk Act (SARA); and second, long-term strategic plans for prioritized management units (MUs), including red conservation unit (CU) level information where available. Moreover, under the Wild Salmon Policy 2018-2022 Implementation Plan, DFO has committed to “integrate research on the abundance, health, and condition of Fraser sockeye during their migration in the marine environment from the mouth of the Fraser River through Johnstone Strait” (page 9, Wild Salmon Policy 2018-2022 Implementation Plan). The target date for the completion of this work is March 31, 2022.

Recommendation 10

As part of the implementation of Strategy 4 in relation to Fraser River sockeye, these key deliverables should be completed according to the following schedule.

• By March 31, 2013, the Department of Fisheries and Oceans should complete a socio-economic framework for decision making in the integrated strategic planning process; it should also integrate meaningful socio-economic input into fisheries management decision making, beginning with planning for the 2014 fishing season.
• By January 31, 2014, integrated strategic planning processes should begin for Fraser River sockeye salmon using the best currently available information and following the procedure outlined in Appendix 2 (a structured 5-step planning procedure) of the Wild Salmon Policy.
• By March 31, 2013, response teams should be formed for all conservation units in the red zone and for those that could significantly limit fishing and other activities.
• By December 31, 2014, response teams should complete plans for the protection and restoration of priority conservation units, and in developing such plans, they should give full consideration to approaches beyond curtailing fisheries.

DFO has taken several steps to address this recommendation. The department has implemented conservation provisions to protect red zone conservation units (CUs) in integrated fishery management plans (IFMPs), and completed targeted restoration work; work is ongoing to complete mapping of the restoration work. In addition, ongoing work on the Pacific Salmon Treaty (PST) between Canada and the United States contributes to the understanding of socio-economic frameworks by identifying the value of Pacific salmon fisheries.

As outlined under Recommendation 9, over the next 5 years, DFO will be focusing on 2 integrated strategic plans as outlined in the Wild Salmon Policy 2018-2022 Implementation Plan. First, recovery planning for any salmon species listed under SARA; and second, long-term strategic plans for prioritized management units (MUs), including red conservation unit (CU) level information where available.

Recommendation 75

An independent body such as the office of the Commissioner of the Environment and Sustainable Development should report to the Standing Committee on Fisheries and Oceans and to the public as follows.

• By March 31, 2014, and every 2 years thereafter during implementation of the Wild Salmon Policy, on progress in implementing the policy in relation to Fraser River sockeye salmon.
• By September 30, 2015, on the extent to which and the manner in which this commission’s recommendations have been implemented.

As outlined under Recommendation 7, the Wild Salmon Policy 2018-2022 Implementation Plan includes a clear commitment to communicating progress of activities through annual public reports, which will be published on the DFO website. The annual report will provide an update on the progress of activities and will include any special mitigation measures taken by the department. In addition to annual reporting, the plan includes a commitment to an overall review of the implementation plan, after 5 years, to inform the next iteration of WSP implementation planning.

Furthermore, DFO complies with all external reviews as they are requested by the Government of Canada, and/or Parliament. For example, on May 4, 2017, DFO officials reported progress on actions taken to address the Cohen Commission’s recommendations through an update to the House Standing Committee on Fisheries and Oceans. Furthermore, DFO complies with requests from the public and has responded to all access to information requests related to the Cohen Commission received between 2012 and 2018 (the publishing date of this report).

Fisheries management

The 15 Cohen Commission recommendations which address the theme of fisheries management have all been acted on. In addition, many of the recommendations are now fully incorporated into DFO operations and its work with Indigenous groups, stakeholders and other partners. Fisheries management integrates the expertise and activities of multiple DFO sectors (i.e. Science, Conservation and Protection (C&P), Indigenous Affairs and Reconciliation Directorate, Oceans and Habitat, Policy and Economics, and Aquaculture) to sustainably manage fisheries, and includes the development of salmon fishery allocations, monitoring and catch reporting, and enforcement capabilities.

Recommendation 1

In relation to Fraser River sockeye, the Department of Fisheries and Oceans should follow the principle that the minister is the ultimate authority in decisions about conservation, fisheries management (subject to the Pacific Salmon Treaty), and, within areas of federal jurisdiction, fish habitat. DFO should consistently reflect this principle in all its agreements and processes with First Nations and stakeholders.

The minister is the ultimate authority in decisions about conservation, fisheries management (subject to the Pacific Salmon Treaty), and, within areas of federal jurisdiction, fish habitat. The roles and responsibilities of the minister and DFO with respect to decisions related to conservation, fisheries management, and fish habitat (within federal jurisdiction) are clearly communicated to Indigenous groups, other governments and stakeholders. This includes making conservation the first priority in the delivery of regulatory responsibilities.

The minister’s mandate letter expresses a commitment to “work with provinces, territories, Indigenous peoples, and Canadians to better co-manage our 3 ocean coasts.” This mandate commitment will be met in a manner which upholds the principle outlined in this recommendation.

Recommendation 2

In relation to wild fisheries, the Department of Fisheries and Oceans should act in accordance with its paramount regulatory objective to conserve wild fish.

Consistent with Canada’s Policy for Conservation of Wild Pacific Salmon (Wild Salmon Policy), DFO’s first priority in managing wild salmon fisheries is the conservation of wild salmon and their habitats. As such, conservation is the first priority in the delivery of DFO’s regulatory responsibilities with respect to wild salmon.

DFO administers Canada’s fisheries in consultation with Indigenous groups, federal departments, and other levels of government, private industry and non-governmental stakeholders in a manner that supports sustainable use and contributes to the current and future prosperity of Canadians.

Recommendation 25

Within 30 days of the Minister of Fisheries and Oceans approving the Integrated Fisheries Management Plan (IFMP), the Department of Fisheries and Oceans should make public the rationale for the harvest rules set out in the Fraser River Sockeye Decision Guidelines section of the IFMP.

The IFMP process is an important vehicle to ensure the views of participants in the fishery are taken into account by DFO. In response to consultations with Indigenous groups and stakeholders, DFO has made progress in more clearly documenting the basis for fishery decision guidelines within the IFMPs that are approved by the minister.

For example, DFO now includes escapement plan options within the draft IFMP, including associated fishery decision guidelines, for public review and feedback prior to a final decision. Options included within the draft IFMP reflect approaches that support conservation objectives, but offer different balances between harvest and rebuilding populations for Fraser sockeye. Public feedback is taken into consideration prior to the release of the final IFMP, approved by the minister. Since 2014, DFO has made public in June its approach on key issues/decisions in the final IFMPs to better inform the public.

Recommendation 26

The Department of Fisheries and Oceans should, by September 30, 2013, complete its planned review of the Fraser River Sockeye Spawning Initiative model and address the criticisms of the model:

• whether the maximum total allowable mortality as a function of run size should be 60%
• whether the model could more explicitly state what values are being weighed and how they are weighed
• whether habitat considerations and large escapements could be brought into escapement planning

Early versions of the Fraser River Sockeye Spawning Initiative (FRSSI) model had the ability to weight some values against each other (e.g., catch vs escapement); however, feedback from DFO’s May 2016 workshop indicated participants reluctance to provide personal weightings for use by the model as well as a preference that the weighting of values not occur in the model itself. In response to this, the FRSSI technical team removed the weighting function from the model. The resulting FRSSI model outputs are values of interest (e.g., catch and escapement), which the FRSSI workshop process uses to evaluate alternative escapement rules. In essence, the weighting of preferences has moved from a function performed by the model to a function performed by the people involved in the FRSSI workshop process. As a result, involving a wide range of participant interests in the FRSSI process is of utmost importance.

Regarding habitat considerations, the FRSSI model does not directly incorporate habitat considerations; however, implications of habitat issues can be incorporated by adjusting freshwater productivity indices. To evaluate the potential implication of large escapements, the model currently uses the Larkin model to represent long term stock-recruit dynamics of each stock. With the Larkin model, an (large) escapement in 1 year will not only affect the return 4 years (1 generation) later, but also in years following.

Moving forward, DFO will update the FRSSI model to be consistent with the updated Wild Salmon Policy 2018-2022 Implementation Plan. DFO is also assessing the implications of changing total allowable mortality (TAM) levels under certain situations.

Recommendation 31

The Department of Fisheries and Oceans should ensure that all Fraser River sockeye salmon fisheries are monitored at an enhanced level (achieving catch estimates within 5% of actual harvest, with greater than 20% independent validation). To meet this objective, DFO should:

• enforce penalties for non-compliance with catch-reporting requirements
• confirm the role of fishery officers in reporting illegal harvest numbers to fisheries managers and establish a system to incorporate such numbers into official catch estimates
• establish a program for independent catch validation
• provide sufficient and stable funding to support enhanced catch-monitoring programs
• treat commercial and Aboriginal economic opportunity fishers equally regarding any requirement of fishers to contribute toward the cost of catch monitoring, subject to any accommodation required in support of an exercise of an Aboriginal right

Conservation and Protection (C&P) continues to ensure that fisheries are monitored by allocating its resources to the highest priority fisheries activities - conservation closures and weaker stock management or protection measures. This addresses the need to enforce penalties for non-compliance with catch-reporting requirements.

Work also continues on the implementation of the Strategic Framework for Fisheries Monitoring and Catch Reporting in the Pacific Fisheries (the Framework). The Framework directs that an ecological risk assessment be undertaken for each fishery to determine the level of monitoring required. The monitoring required then provides the information necessary to manage for the ecosystem risks posed by a fishery, while allowing for final monitoring and reporting programs to reflect the fishery's unique characteristics.

Ecological risk assessments use a standardized tool so that there can be a consistent approach and structured conversation regarding ecological risk and other resource management considerations for fisheries. For salmon in BC, the draft risk assessments on the 35 salmon management units (MUs) in the IFMP (which include all commercial, recreational and food, social, and ceremonial (FSC) fisheries) are initially completed by DFO, and then presented to harvesters for review, comment, and revision through existing advisory processes established for fisheries management purposes.

Under the Pacific Integrated Commercial Fisheries Initiative (PICFI), DFO Pacific Region has developed a Fishery Monitoring and Catch Reporting Strategic Framework which sets out a verification process to be used to assess whether catch numbers collected are accurate. Progress has also been made through Indigenous programs and by inland demonstration fishery participants to transition to a cost recovery model for monitoring that is consistent with catch monitoring costs for commercial fisheries.

Recommendation 36

Following consultation with First Nations, the Department of Fisheries and Oceans should:

• articulate a clear working definition for food, social, and ceremonial (FSC) fishing
• assess, and adjust if necessary, all existing FSC allocations in accordance with that definition

In fall 2018, DFO launched a process to co-develop a consultation strategy with Pacific Region Indigenous groups on Indigenous fisheries allocations, specifically related to food, social, and ceremonial (FSC) fisheries. This consultation process is intended to improve transparency and enhance understanding regarding the decision making process for Indigenous fisheries allocations and ultimately advance relationships between DFO and Indigenous groups in the Pacific Region. The aim is to reach a shared agreement on a preferred strategy for DFO to consult and engage BC First Nations on Indigenous fisheries allocations, specifically for FSC, moving forward.

In order to complement and inform this co-development process, DFO Pacific Region is preparing to release an external draft Framework for Changes to Existing Food, Social and Ceremonial Fisheries Allocations as part of the onset of the process.

Recommendation 37

In the context of negotiating an agreement with a specific First Nation, the Department of Fisheries and Oceans should encourage the First Nation to provide DFO with information on its practices, customs, and traditions that is relevant in determining its food, social, and ceremonial needs.

When working with Indigenous groups in negotiating agreements, DFO encourages Indigenous groups to provide information on practices, customs, and traditions that are relevant in determining food, social, and ceremonial (FSC) needs.

Recommendation 38

The Department of Fisheries and Oceans should, by September 30, 2013, complete its analysis of the socio-economic implications of implementing the various share-based management models for the Fraser River sockeye fishery, decide which model is preferable, and, promptly thereafter, implement that model.

The department has undertaken considerable consultations with commercial harvesters and Indigenous groups to update commercial salmon allocation arrangements over the last several years as part of work to update the Commercial Salmon Allocation Framework (CSAF). In undertaking this work, the department’s broad interests are to support changes to the CSAF that can improve the long-term sustainability of Pacific wild salmon, help commercial fishery participants achieve greater economic benefit, and create more resilient commercial salmon fisheries.

In 2015 and based on recommendations from First Nations Salmon Coordinating Committee (FN SCC) and the Commercial Salmon Advisory Board (CSAB), the Minister of Fisheries, Oceans and Canadian Coast Guard approved several changes to the commercial salmon allocation framework, including:

• defined shares for commercial fleets at the species, fleet and fishery production areas for a period of 5 years with provisions to review the allocations after year 4, starting in 2015
• a set of principles and operational guidelines that would form the basis of incremental testing of flexibilities (alternatives fishing locations and methods) to harvest shares, with potential for testing starting in 2016 prior to wider implementation
• the development of a revised collaborative advisory process to coordinate the collective interests of Indigenous economic fisheries and A-H commercial fleet fisheries

These changes confirm allocations for each of the commercial fleets for a 5-year period, including Fraser River sockeye, and the approach for establishing shares for Indigenous commercial fisheries based on voluntarily relinquished commercial salmon licences. In addition, commercial harvesters and Indigenous groups have agreed that each harvest group should determine the best approach to harvest their defined share of the fishery subject to an evaluation by the department for consistency with key principles (e.g. conservation) and operational requirements. This approach sets out clearly defined shares of the resource that harvest groups must adhere to but provides flexibility to develop harvest approaches that best meet the interests of harvesters consistent with conservation objectives and measures to ensure compliance with harvest shares.

Progress has also been made through demonstration fisheries in both freshwater and marine areas. In 2016, 10 demonstration fisheries occurred in the Pacific Region advancing shore-based management. In 2017, an additional 26 shore-based fisheries in the Pacific Region were approved. In 2016 and 2017, there were an additional 14 demonstration fisheries added to the existing 13 commercial and First Nations demonstration fisheries. A further 3 were approved in 2018, as outlined in the approved Northern and Southern BC Salmon Integrated Fisheries Management Plans (IFMPs). In particular, the Southern BC IFMP Appendix 8 includes a recommended strategy to transition Indigenous inland demonstration fisheries to regular commercial fisheries.

Recommendation 39

The Department of Fisheries and Oceans should conduct the research and analysis necessary to determine whether in-river demonstration fisheries are, or are capable of, achieving tangible conservation benefits or providing economic benefits to First Nations in an economically viable or sustainable way before it takes further action in expanding in-river demonstration fisheries.

A financial review of in-river salmon fisheries was completed in 2014, which showed that these fisheries are generally profitable, although at a much smaller scale than marine fisheries. Conservation remains the department’s highest priority in providing fisheries opportunities and demonstration fisheries authorized to date have been able to achieve conservation requirements set out by DFO. In many cases, the location or gear used by the demonstration fisheries has permitted more discrete harvest of target populations with lower incidental impacts on other stocks, or by-catch of other species. DFO will continue to assess the economic viability and feasibility of in-river commercial fisheries and to authorize demonstration fisheries on an annual basis, consistent with the scale of voluntary licence relinquishments from the commercial fishery.

Recommendation 40

The Department of Fisheries and Oceans should develop its future policies and practices on the reallocation of the commercial Fraser River sockeye salmon fishery (including allocations for marine and in-river fisheries) in an inclusive and transparent manner, following a strategic and integrated planning process such as Action Step 4.2 of the Wild Salmon Policy.

DFO endeavours to provide greater transparency and inclusivity in the policies and practices associated with the allocation of Fraser River sockeye salmon fisheries. For example, work on the Commercial Salmon Allocation Framework, referred to in Recommendation 38, occurs using a consultative process that is transparent and inclusive. Indigenous groups and stakeholders are consulted and have provided recommendations for moving forward on the allocation approach.

Recommendation 58

The Department of Fisheries and Oceans should, at a minimum, fund its enforcement activities, including overflight, on-the-ground, and on-the-water fishery officer presence, to ensure the same level of enforcement that was achieved in response to the Honourable Bryan Williams’ 2004 Southern Salmon Fishery Post-Season Review, plus amounts necessary for aquaculture-related enforcement.

DFO will continue to enhance enforcement activities and efforts that focus on better collaboration with Indigenous groups, partners and stakeholders, while prioritizing work and finding efficiencies. In 2018, Conservation and Protection (C&P) implemented a long-term recruitment strategy for the Lower Mainland. The plan has resulted in the recruitment of 4 fishery officers based in the Lower Fraser area, with an additional 6 recruits who joined C&P earlier this year to be placed at various locations in fall 2018, and an additional 10 recruits expected to join in 2019. However, recruitment and retention remains an ongoing challenge that requires further work. C&P continues to rotate officers into the Lower Fraser area to meet peak demands.

The DFO Pacific Aquaculture Program verifies compliance with the conditions of licences issued to all marine finfish and shellfish aquaculture sites, as well as all freshwater, inland aquaculture sites in British Columbia. Funding under the British Columbia Aquaculture Regulatory Program has provided Conservation and Protection (C&P) with 12 dedicated staff and supporting budgets for aquaculture enforcement in BC.

Through the Pacific Integrated Commercial Fisheries Initiative (PICFI), in place since 2007, DFO has also invested in ongoing efforts to patrol areas, including the Fraser River to deter illegal fishing activities. This followed the recommendations of the Honourable Bryan Williams' 2004 Southern Salmon Fishery Post-Season Review, as identified in Recommendation 58. Activities include air, ground and on-water surveillance. A stable and sustainable enforcement presence supports departmental management objectives and provides increased public confidence that fish stocks are being protected. DFO uses a blend of community outreach, patrols, and emerging intelligence-based investigation competencies for major investigations.

Recommendation 59

The Department of Fisheries and Oceans and Environment Canada should, by September 30, 2013, renegotiate their relationship in regard to Environment Canada’s responsibility to enforce Section 36 of the Fisheries Act in the Pacific Region in accordance with the 2009 report from the office of the Commissioner of the Environment and Sustainable Development. Clarification should include each department’s respective roles and responsibilities with respect to communication, sharing of information, and joint planning of Fisheries Act activities.

Amendments to the Fisheries Act in 2012 allowed for the Governor in Council to designate another minister as responsible for the administration and enforcement of Section 36(3) to (6) of the Fisheries Act. This provides the authority to now clarify the relationship between Environment and Climate Change Canada (ECCC) and DFO in regard to Section 36 of the Fisheries Act.

The Minister of ECCC’s responsibilities for the Fisheries Act were formalized by an Order in Council published in Canada Gazette, Part II, on March 12, 2014 (the “Designation Order”). As a result of this Designation Order, the Minister of ECCC is now legally responsible for the overall administration and enforcement of provisions of the Fisheries Act related to the deposit of deleterious substances (sections 36 (3) to (6)). The only exception is that the Minister of Fisheries, Oceans and the Canadian Coast Guard remains responsible and accountable for the administration and enforcement of Section 36 (3) to (6) of the Fisheries Act for all purposes and subject matters related to aquaculture facilities, as well as the control or eradication of aquatic invasive species or aquatic species that constitute a pest to the fisheries.

Recommendation 60

The Department of Fisheries and Oceans and Environment Canada should improve the ability of their on-the-ground staff to co-operate and respond to occurrences by conducting joint training and joint investigation post-mortems and by sharing resources and expenses in remote locations where feasible.

DFO and Environment and Climate Change Canada (ECCC) recognize the importance of maintaining good communication channels. Both DFO and ECCC continue to seek, where appropriate, joint training opportunities and ways to formalize current communication protocols to improve the effectiveness of how on-the-ground staff do their jobs. In addition to these actions, the following examples demonstrate other ways the departments have worked together to enhance their overall working relationship.

• ECCC provided DFO officers with training sessions on the enforcement of Section 36(3) of the Fisheries Act with regards to aquaculture (2015, 2017), participated in DFO fishery officers’ surveillance training, and annually conducts joint training on the use of force and firearms requalification.
• The ECCC Enforcement Branch holds annual joint management meetings with DFO on compliance promotion.
• ECCC and DFO conduct joint intelligence probes, patrols, and inspections.
• ECCC and DFO share information about investigations and intelligence work.
• ECCC and DFO are working to have ECCC enforcement officers participate in DFO’s mid-shore patrol program.
• In 2015, ECCC, DFO and Health Canada signed a Memorandum of Understanding Regarding Cooperation in the Implementation of Pollution Prevention Provisions of the Fisheries Act (MOU), and in 2017, finalized a Detailed Enforcement Implementation Plan (DEIP).

In particular, the MOU and DEIP detail and formalize the following.

• Roles and responsibilities during enforcement activities, including provision of information and resources necessary for the enforcement of the pollution prevention provisions.
• Operational guidance for the enforcement of the Fisheries Act, in particular for issues related to deposits of deleterious substances into water frequented by fish as it pertains to aquaculture facilities, as well as for issues regarding deposits of sediment into water frequented by fish.
• Information sharing and cooperation with Health Canada on activities that may have implications on the enforcement of the Pest Control Products Act (PCPA) as it pertains to aquaculture facilities.

In addition, the DEIP requires participants to support each other based on their areas of expertise, including conducting joint inspections/investigations, provision of technical/scientific support and/or regulatory information. It also establishes the Enforcement Implementation Committee to guide and coordinate the activities under the DEIP.

Recommendation 63

The Department of Fisheries and Oceans should not include in fishing licences a clause that allows for retention of “mortally wounded” Fraser River sockeye salmon.

In 2011, this clause was removed from DFO-issued fishing licences and replaced with, “All efforts and attempts shall be made to return all non-target species, including steelhead and sturgeon, to the water alive and unharmed.”

Recommendation 72

The Department of Fisheries and Oceans should consider the cumulative effects of stressors on Fraser River sockeye health and habitat in its management of fisheries and fish habitat.

The department monitors Fraser River temperatures, discharge and run timing, and makes management adjustments in support escapement objectives to account for adverse environmental conditions by reducing allowable fisheries harvests to enable additional fish to migrate toward spawning grounds. In addition, environmental information is increasingly incorporated into forecasting. In doing so, DFO incorporates cumulative effects of stressors in the management of Fraser River sockeye salmon to address unfavourable migration conditions.

Habitat

A total of 19 recommendations relate to habitat protection and restoration, including 11 directed to Environment and Climate Change Canada (ECCC) and the Province of BC. Protecting salmon habitat is key to protecting salmon.

Recommendation 41

The Department of Fisheries and Oceans should complete implementation of the 1986 Habitat Policy. By March 31, 2013, DFO should, for the benefit of Fraser River sockeye salmon, set out a detailed plan addressing these points.

• How DFO will work toward a net gain in productive capacity of Fraser River sockeye habitat by conserving existing habitat, restoring damaged habitat, and developing new habitats.
• How DFO will measure the amount of productive capacity of Fraser River sockeye habitat in order to assess whether the net gain objective is being achieved on an ongoing basis.
• How DFO will take into account the cumulative impact on Fraser River sockeye habitat potentially arising from individual projects that are currently considered only on a project-by-project basis, if at all.
• How the tasks will be performed, and by whom.
• When the tasks will be completed.
• How much implementation will cost, as set out in a detailed itemization of costs.

The Habitat Management Program should coordinate with the new associate regional director general (proposed in Recommendation 4) to ensure consistency in implementing this recommendation and Recommendation 8.

After extensive engagement on restoring lost protections and incorporating modern safeguards, the proposed amendments to the Fisheries Act were tabled in Parliament in spring 2018. The amendments include, among others, returning to comprehensive protection against harming all fish and fish habitat, promoting restoration of degraded habitat, and rebuilding of depleted fish stocks. Some of the applicable ideas from the 1986 policy have been brought from policy into law in Bill C-68, to amend the Fisheries Act, which adds strength and accountability to those concepts. For example, there are measures around stock rebuilding, including consideration of whether there are measures in place aimed at restoring that fish habitat; authority will exist to establish regulations for ecologically significant areas and habitat banking; and authority will exist to establish standards and codes of practice. The proposed amendments will allow for the better management of large and small projects impacting fish and fish habitat through a new permitting framework and codes of practice. See the following link for current and future updates on the review of this legislation and proposed amendments.

Once the new legislation is passed, changes to DFO program plans respecting fish and fish habitat responsibilities will be reflected in the Departmental Plan and Departmental Results Report, as well as the departmental website pages respecting habitat. See the following links for more information:

• Departmental Plan 2018-19
• 2016-17 Departmental Results Report
• Protecting fish and fish habitat

Furthermore, DFO is in the early stages of developing new policy to support implementation of Bill C-68 which will provide additional opportunity to guide application of the authorities of the amended Fisheries Act.  The factors to consider in Bill C-68 will also assist with addressing this recommendation. While the current Fisheries Protection Policy Statement does not include a net gain objective, DFO is also supporting and contributing to measures that invest in improvements to Fraser sockeye habitat towards net gain, including our SEP habitat restoration efforts, Recreational Fisheries Conservation Partnerships Program (RFCPP) projects, Coastal Restoration Fund (CRF) projects, and salmon tag funding that is transferred to the Pacific Salmon Foundation to support their Community Salmon Program. While these are not targeted specifically at Fraser sockeye, many of these initiatives have invested in projects that have direct or indirect benefits to Fraser sockeye.

Once programming stemming from the Fisheries Act amendments is identified, the Wild Salmon Policy 2018-2022 Implementation Plan will be updated to include additional habitat activities. Furthermore, the implementation plan also makes a commitment to support national and provincial initiatives and increase inter-agency communication on cumulative effects on salmon. As noted in the response to Recommendation 5, regarding WSP implementation, the department will fund and undertake all activities in the Wild Salmon Policy 2018-2022 Implementation Plan over the next 5 years.

Recommendation 42

The Department of Fisheries and Oceans should strengthen the monitoring component of DFO’s Habitat Management Program as follows.

• Require that project proponents relying on operational statements and best management practices notify DFO before beginning work on their proposed projects.
• Fully implement compliance monitoring of projects whether or not the projects are reviewed in advance by DFO, including those falling under the Riparian Areas Regulation.
• Implement effectiveness monitoring, including for activities under the Riparian Areas Regulation.
• Give Habitat Management Program staff discretion to require, on a project-by-project basis, measures that are additional to those set out in operational statements and best management practices.

After extensive engagement, the proposed amendments to restore lost protections and incorporate modern safeguards for fisheries and their ecosystems have been tabled in Parliament. These amendments include, among others, comprehensive protection against harming all fish and fish habitat, and a strengthened role for Indigenous peoples in project reviews, monitoring, and policy development. See the following link for updates on the review of this legislation and proposed amendments.

Once the new legislation is passed, changes to DFO program plans respecting fish and fish habitat responsibilities will be reflected in the Departmental Plan and Departmental Results Report, as well as the departmental website pages respecting habitat. See the following links for more information:

• Departmental Plan 2018-19
• 2016-17 Departmental Results Report
• Protecting fish and fish habitat

DFO has not previously had nor does it currently have the authority to require a proponent to notify us when their work does not contravene the habitat protection prohibitions. This authority is also currently not provided for in Bill C-68, the bill to amend the Fisheries Act. However, Bill C-68 does provide authority for DFO to develop standards and codes of practice that can specify procedures and practices for avoiding harm to fish and fish habitat, including evaluation activities such as monitoring. Although DFO anticipates working with industry and other partners to collect data to allow proper assessment of these approaches, it should be noted that these are non-statutory instruments and as such there is no provision for requiring mandatory notification.

With regard to the monitoring-related recommendations, the department’s Fisheries Protection Program (FPP) has established program reporting consistent with the Treasury Board of Canada’s Policy on Results. Furthermore, the program has also been conducting compliance monitoring, and subject to approval of the new program funds announced in 2018 Federal Budget, the program is anticipating additional capacity to conduct monitoring, as well as additional scientific research and advice to inform effectiveness.

In addition, FPP continues to work strategically with the Province of BC through the DFO-BC Fish Habitat Committee to coordinate operational implementation of the provincial Riparian Areas Regulation, and to look for opportunities for collaboration on compliance and effectiveness monitoring consistent with the inter-governmental cooperation agreement between B.C., the Union of British Columbia Municipalities, and DFO. As part of the FPP project review process, program staff review projects near water to determine if serious harm can be avoided, and where appropriate, make recommendations for mitigation in addition to the measures to protect listed on the projects near water website.

FPP conducts a range of monitoring activities consistent with the Regional Strategic Monitoring Strategy. FPP conducts compliance monitoring of projects to determine compliance with the Fisheries Act, Species at Risk Act, and with the conditions of any relevant Fisheries Act authorizations and species at risk permits. Monitoring is also undertaken to determine conformity with lower risk projects following web-based mitigation measures or project-specific guidance (e.g. letter of advice). Monitoring is undertaken by DFO directly by way of site visits prior to, during and following construction activities. Proponents are also required to conduct monitoring as set out in conditions by DFO to ensure that they are in compliance with the applicable legislation and permits. These monitoring reports are submitted to DFO for review and compliance verification.

FPP continues to strive towards effective monitoring measures to avoid, mitigate or offset serious harm.

Total Monitoring Activities recorded between April 2012 and April 2018:

• site visits (field compliance monitoring): 257
• monitoring reports received: 1155
• monitoring reports reviewed: 569

Recommendation 43

The Department of Fisheries and Oceans should encourage the Province of British Columbia to resolve differences of interpretation on the application of Section 9 of the provincial Water Act and the provincial Riparian Areas Regulation to ensure that there are no physical gaps in coverage of the Water Act and the Riparian Areas Regulation.

In 2013, BC responded directly to the Cohen Commission recommendations directed at the province, noting that it was examining the concern of coverage gap during its review of the Riparian Areas Regulation (RAR). In 2016, the new BC Water Sustainability Act was brought into force, and (RAR) is in the process of being amended to ensure gaps in coverage are addressed. DFO continues to encourage and support the Province of BC in this work through collaborations such as the BC Fish Habitat Committee. In addition, as part of its Fisheries Protection Program, DFO continues to coordinate and work with the Province of BC on areas of common interest. Other examples of joint efforts between DFO and BC are provided under Recommendation 48 related to managing the impacts of forestry activities adjacent to the Fraser River.

The BC Water Sustainability Act is the principal law for managing the diversion and use of water resources and provides important tools for protecting, managing and using water efficiently throughout BC. Key changes under the act and related new regulations include stronger protection for aquatic ecosystems which will indirectly support wild salmon populations.

Recommendation 44

The Department of Fisheries and Oceans should encourage the Province of British Columbia:

• to continue to monitor compliance with the provincial Riparian Areas Regulation
• to conduct effectiveness monitoring of projects completed in compliance with the Riparian Areas Regulation
• to consider DFO’s input into the impact of Riparian Areas Regulation setback variances on fish and fish habitat

In spring 2013, BC responded directly to the Cohen Commission recommendations and noted that it was in the process of conducting compliance monitoring projects. As such, BC’s Ministry of Forests, Lands, Natural Resource Operations and Rural Development (FLNRORD) continues to review all submitted Riparian Areas Regulation (RAR) assessment reports and provide individual guidance to qualified environmental professionals. Field audits of compliance are ongoing, and the audited results are presented publically as part of RAR annual reports. FLNRORD has also worked with DFO, through the DFO-BC Fish Habitat Committee, to develop approved messaging on variances and to clarify the respective agencies’ roles. In addition, FLNRORD has taken steps to develop an effectiveness monitoring strategy for RAR with the completion of a draft framework, released in early 2017. DFO continues to encourage and support BC in this work, and other initiatives, through collaboration on areas of common interest.

It should be noted that the respective agencies’ roles in compliance and effectiveness monitoring are defined under the inter-governmental cooperation agreement between the Province of BC, the Union of British Columbia Municipalities, and Fisheries and Oceans Canada.

Recommendation 45

The Department of Fisheries and Oceans should work with the Province of British Columbia to achieve the Riparian Areas Regulation target of 90% compliance with 90% confidence levels.

The province meets its commitments, under current intergovernmental agreements, to achieve Riparian Areas Regulation (RAR) compliance targets and will continue with an existing adaptive management strategy to achieve 90% compliance with 90% confidence levels. As of current, DFO and BC participate in a RAR Working Group to implement the regulation as required and address any issues that arise as the regulation is being amended. The working group will outline the roles and responsibilities of DFO and BC once RAR amendments are complete.

See the following link for up-to-date information on the provincial RAR and related work.

Recommendation 46

The Department of Fisheries and Oceans should encourage the Province of British Columbia to amend the Riparian Areas Regulation:

• to require provincial approval of setback variances
• to require local governments to enforce compliance with the assessment reports on which development proposals are approved

The Province of BC is leading the development of proposed amendments to the Riparian Areas Regulation (RAR) and is currently making progress on implementing these recommendations. DFO is coordinating with BC to provide comments on proposed amendments to the RAR and continues to support BC through collaboration on the DFO-BC Fish Habitat Committee and related RAR Working Group.

See the following link for up-to-date information on the provincial RAR and related work.

Recommendation 47

The Department of Fisheries and Oceans should encourage the Province of British Columbia to complete modernization of the Water Act, which would include the following points.

• Regulation of groundwater extraction in a manner that addresses the needs of Fraser River sockeye.
• Increased reporting and monitoring of water use.
• Allocation of sufficient resources to complete the modernization process.

The Water Sustainability Act and the first phase of regulations were brought into force by the Province of BC on February 29, 2016. The legislation and regulations include new water rights and licensing requirements for non-domestic groundwater users (e.g. industrial, agricultural), as well as stronger protection for aquatic ecosystems, including the requirement to consider environmental flow needs when authorizing water use.

Along with developing the new BC Water Sustainability Act and regulations, BC completed a review of water pricing and announced new fee and rental rates in February 2015. The new fees and rentals are intended to generate sufficient funds to recover the costs of implementing the new Water Sustainability Act. Work on measuring and reporting is part of a second phase of regulations that is being developed.

DFO continues to work with BC on these initiatives through the DFO-BC Fish Habitat Committee.

See the following link for up-to-date information on the provincial Water Sustainability Act and related work.

Recommendation 48

The Department of Fisheries and Oceans should re-engage in managing the impact of forestry activities on Fraser River sockeye by:

• reviewing proposed forestry activities that may cause harmful alteration, disruption, or destruction of fish habitat under Section 35 of the Fisheries Act, protocols for receiving operational plans / referrals, riparian standards for small streams and their tributaries, and the circumstances in which watershed assessments are required
• identifying an individual in DFO with regional responsibility to serve as forestry contact person for the Pacific Region to provide support to Habitat Management Program area offices, to provide a consistent approach throughout the region with respect to forestry activities and referrals, and to select policy issues and make recommendations to senior management

The Government of Canada has made significant progress with its review of the Fisheries Act and proposed amendments to restore lost protections and incorporate modern safeguards for fisheries and their ecosystems. After extensive engagement, the proposed amendments are now being tabled in Parliament and include, among others, comprehensive protections against harming all fish and fish habitat.

See the following link for current and future updates on the review of this legislation and proposed amendments.

There are a number of provisions in Bill C-68 to amend the Fisheries Act that provide increased authority, new tools, and specific factors to be considered that will be brought to bear as DFO evaluates all development activity, including forestry. In addition, subject to approval of new resources identified in Budget 2018, DFO is expecting to have capacity to invest significant new resources into Planning and Integrated Management related to protecting fish and fish habitat. Changes to DFO program plans respecting fish and fish habitat responsibilities will be reflected in the Departmental Plan and Departmental Results Report, as well as the departmental website pages respecting habitat. See the following links for more information:

• Departmental Plan 2018-19
• 2016-17 Departmental Results Report
• Protecting fish and fish habitat

The provincial Forest and Range Practices Act (FRPA) outlines how all forest and range practices and resource-based activities are to be conducted on crown land in BC, while ensuring protection of everything in and on them, such as plants, animals (including fish) and ecosystems. With the shift to the Fisheries Protection Program, DFO relies on BC for their tools and expertise on forestry standards and related matters. Forestry activities that have the potential to cause serious harm to fish are still subject to the Fisheries Protection Provisions of the Fisheries Act and must follow the Request for Review or Application for Authorizations processes to ensure activities are compliant with the Fisheries Act.

Recommendation 49

Responsibility for decision making about post-emergency mitigation and long-term monitoring of the impact of marine spills should be moved from the Canadian Coast Guard to the Environment Canada co-chair of the Regional Environmental Emergency Team.

In 2012, Environment and Climate Change Canada (ECCC) moved to a nationally centralized structure for delivering its scientific and technical advice, thus ending the Regional Environmental Emergency Team (REET).

However, ECCC’s National Environmental Emergencies Centre is available to provide scientific and technical advice to responders, leads, and other implicated agencies in the event of an emergency pollution incident, including marine spills. In cases where longer-term environmental monitoring of fish and fish habitat or ecosystems is required, DFO remains responsible.

In addition, the new Oceans Protection Plan is, along with other objectives, creating a world leading marine safety system that improves responsible shipping and protects Canada’s waters, including new preventive and response measures. The Oceans Protection Plan will also involve a review of the legislation related to environmental emergencies.

Recommendation 50

Membership of the Regional Environmental Emergency Team should always include the Department of Fisheries and Oceans’ Habitat Management Program (Ecosystem Management Branch) and Science staff.

While the Regional Environmental Emergency Team (REET) model ended in 2012 (see Recommendation 49), the Incident Command System remains in use by the federal government during environmental emergencies. Under the Incident Command System structure, DFO has a range of technical and scientific experts that will be mobilized as required to support the Environmental Unit under the Planning Section of the Incident Command System, including habitat biologists, oceans planning staff, marine mammal experts, contaminated sites biologists, resource management biologists, and science staff covering a wide range of disciplines and expertise.

Recommendation 51

The Environment Canada co-chair of the Regional Environmental Emergency Team should, when considering whether to follow the team’s advice regarding post-emergency mitigation and long-term monitoring, take account of the impact of the marine spill on fish and fish habitat, logistics, ecosystem values, cost recovery, and socio-economic effects.

Although the Regional Environmental Emergency Team (REET) model ended in 2012 (see Recommendation 49), ECCC continues to provide scientific and technical advice to responders, leads, and other implicated agencies in the event of an emergency pollution incident, including marine spills, through its National Environmental Emergencies Centre. The Incident Command System, for use during emergencies, is well established and follows the Incident Command System principles and doctrine.

In addition, the new Oceans Protection Plan provides regional response planning and baseline information on fish and fish habitat, ecosystem values and other aspects that can be taken into account during an emergency response.

Recommendation 52

The Department of Fisheries and Oceans should identify an individual in DFO who has regional responsibility to act as a liaison with the Canadian Coast Guard, Environment Canada, and the Province of British Columbia on marine habitat spill response.

Positions in DFO have been identified to take on this responsibility at the executive level and on a rotating basis at the response coordination/technical level. The Canadian Coast Guard (CCG), a special operating agency within DFO, is the lead federal agency for the response component of Canada’s Marine Oil Spill Preparedness Response Regime. The Environmental Response program monitors and manages the clean-up efforts for any ship-source or mystery source pollution incident in waters under Canadian jurisdiction. CCG works collaboratively with ECCC and the Province of BC with respect to marine spill response.

Recommendation 53

The Department of Fisheries and Oceans and Environment Canada should co-operate in regularly testing and monitoring fresh and marine water for contaminants of emerging concern and for endocrine-disrupting chemicals affecting Fraser River sockeye salmon.

DFO and Environment and Climate Change Canada (ECCC) cooperate in various aspects of monitoring the effects of contaminants in water on fish. ECCC administers Section 36 of the Fisheries Act, the key pollution prevention provision, prohibiting the deposit of any substance that, if added to any water, would degrade or alter its quality such that it could be harmful to fish, fish habitat or the use of fish by people. In addition, the Canadian Environmental Protection Act (CEPA 1999) requires that ECCC conduct research on the effects of pollution on environmental quality, the nature and dispersion of pollution on ecosystems, pollution prevention and the control and abatement of pollution. The CEPA also requires the Government of Canada to maintain a system for monitoring environmental quality in Canada, maintain environmental quality data and monitor ocean disposal sites, in addition to requiring the Minister of ECCC and the Minister of Health to conduct research and studies specifically on hormone disrupting substances and measures to prevent or control the risks associated with these substances.

DFO funds research on the biological effects of contaminants on fish through its National Contaminants Advisory Group involving Canadian universities and partner agencies. Studies on Pacific salmon include the effects of diluted bitumen exposure on early life stages of sockeye salmon, environmental effects of diluted bitumen on Pacific salmon, effects of current-use pesticides on salmon in the Fraser River Basin, and the environmental fate and effects of sea lice pesticides. More generally, DFO has also supported assessments of the adverse effects of emerging chemical contaminants, including pharmaceuticals and personal care products, nanoparticles, and brominated flame retardants on fisheries of commercial, Indigenous and recreational value to Canadians.

Recommendation 54

The Department of Fisheries and Oceans should encourage the Province of British Columbia:

• to require users of pesticides in forestry and agriculture to record, and report annually to the province, the areas where pesticides were applied and the amounts used
• to develop and maintain a pesticide-use database (that includes information on location, volume / concentration, and timing of use) and make that information publicly available

BC has a system in place to monitor, report, and disseminate pesticide use. The province requires users to report pesticide use, and has the ability to provide information on total use. Standards of use are consistent with Health Canada requirements. As part of the Fisheries Protection Program, DFO will continue to coordinate and work with the Province of BC on areas of common interest.

Recommendation 55

The Department of Fisheries and Oceans and Environment Canada should co-operatively:

• ensure that environmental quality monitoring and environmental effects monitoring related to pulp and paper, metal mining, and municipal wastewater discharges include consideration of Fraser River sockeye salmon, and the two federal departments should work with the Province of British Columbia and with regional and municipal governments to that end
• work with BC municipalities on a public education campaign aimed at reducing toxicants in municipal wastewater, especially pharmaceuticals and personal-care products
• immediately recommence their participation in the Metro Vancouver Environmental Monitoring Committee

Both Environment and Climate Change Canada and DFO work on measures related to this recommendation, to the extent that it aligns with their respective organizational mandates, including reviews of project proposals.

In addition, DFO participates in habitat discussions, including discussions of monitoring and compliance, with the Province of BC through the DFO-BC Fish Habitat Committee.

Recommendation 56

Canada should promptly finalize the Wastewater Systems Effluent Regulations to include:

• public reporting on environmental effects monitoring results
• ongoing environmental effects monitoring requirements similar to those found in the Pulp and Paper Effluent Regulations and in the Metal Mining Effluent Regulations
• environmental effects monitoring of contaminants of emerging concern and endocrine-disrupting chemicals discharging from large wastewater treatment facilities

In 2017, the Canadian Water Network, an expert panel convened by Environment and Climate Change Canada, released its report entitled Canada’s Challenges and Opportunities to Address Contaminants in Wastewater. The report provides background on the Wastewater Systems Effluent Regulations (WSER), which came into force under the Fisheries Act in 2015, and provides a national review of contaminants in municipal wastewater and Canada’s options to deal with them. The report also describes specific requirements for effluent monitoring, record keeping, and reporting, including required reporting to the federal government via the Effluent Regulatory Reporting Information System (ERRIS).

The WSER set new national baseline quality standards for effluent discharged from wastewater facilities, including suspended solids; carbonaceous biochemical oxygen-demand; un-ionized ammonia; and total residual chlorine. Importantly, wastewater effluents must not be acutely toxic at the point of discharge. Compliance for these new quality standards is being phased in over a number of years, starting with those considered “high risk” by the end of 2020. Lower risk facilities will be phased in by 2030 and 2040.

Recommendation 57

Canada should finalize a regulatory strategy to limit the impact of wastewater bio solids on fisheries resources.

The new Wastewater Systems Effluent Regulations (WSER) include baseline municipal effluent quality standards and limits to suspended solids. For more information regarding the WSER see response above to Recommendation 56.

Recommendation 61

The Department of Fisheries and Oceans should restore powers of inspection to Habitat Management Program staff.

Proposed amendments to the Fisheries Act to restore lost protections and incorporate modern safeguards for fisheries and their ecosystems include, among others, comprehensive protections against harming all fish and fish habitat, and a strengthened role for Indigenous peoples in project reviews, monitoring, and policy development. See the following link for current and future updates on the review of this legislation and proposed amendments.

Once the new legislation is passed, changes to DFO program plans respecting fish and fish habitat responsibilities will be reflected in the Departmental Plan and Departmental Results Report, as well as the departmental website pages respecting habitat. See the following links for more information:

• Departmental Plan 2018-19
• 2016-17 Departmental Results Report
• Protecting fish and fish habitat

DFO has made a clear differentiation between the functions and responsibilities of DFO’s enforcement and regulatory project review staff. DFO’s National Habitat Compliance Protocol identifies C&P staff as fisheries officers and inspectors and as leads in cases where enforcement is required. C&P staff typically rely on Ecosystem Management biologists for advice and expertise to direct and inform enforcement action. This approach is consistent with past recommendations of external reviews of the programs, and responds to health and safety concerns. As a result, fishery officers perform investigative and enforcement activities, while Fisheries Protection Program staff provide advice, expertise and direction on enforcement activities conducted by fishery officers. Funding announced in Budget 2018 included enhanced resources for DFO’s C&P Program to support inspection and enforcement work.

Recommendation 62

The Department of Fisheries and Oceans should re-establish within the Conservation and Protection Branch in the Pacific Region at least 1 specialized habitat fishery officer whose duties would include:

• acting as the go-to person for habitat occurrences and investigations throughout the region
• working closely with the Habitat Management Program with access to its Program Activity Tracking for Habitat database
• overseeing the training and mentoring of fishery officers for habitat investigations
• recording habitat occurrences and ensuring that there are responses to them

Since the change to the Fisheries Protection Program (FPP) in 2013, the Habitat Occurrence Management process has been changed so that all habitat occurrences are reported through the FPP Triage Unit. Since 2013, assigned FPP staff receive, assess and respond to all habitat occurrences reported in Pacific Region following a process consistent with the defined roles outlined in the updated National Fisheries Protection Compliance Protocol between DFO’s Ecosystem Management Branch and Conservation and Protection (C&P) Directorate.

In the revised 2015 Protocol, FPP is responsible for managing the overall habitat occurrences process and C&P is responsible for conducting all compel activities related to noncompliance incidents received from FPP. FPP coordinates with C&P to implement habitat occurrences activities following the protocol and continues to look for opportunities to develop compliance, tools, compliance/enforcement training and overall habitat occurrence coordination.

Aquaculture

Thirteen recommendations focus on the risks, and mitigation of risks, of aquaculture operations on the health of wild Pacific salmon.

Recommendation 3

The Government of Canada should remove from the Department of Fisheries and Oceans’ mandate the promotion of salmon farming as an industry and farmed salmon as a product.

The Pacific fish and seafood sector is highly export oriented; about 75% of production is exported. The Government of Canada's responsibility for the fish and seafood industry is split between DFO, which regulates and manages the production end of the business (wild or farmed fish when they are in the water), and Agriculture and Agri-Food Canada (AAFC), which provides market-development and traceability support. Additionally, the Canadian Food Inspection Agency (CFIA) sets the policies, requirements, and inspection standards. The promotion of Canadian foods to international markets is the responsibility of Global Affairs Canada (GAC). DFO’s Trade and International Market Access Directorate provides subject matter expertise to support AAFC and GAC with their seafood marketing and trade mandates.

In addition, enforcement, regulatory and promotion activities related to aquaculture continues to be discussed as the department works with provincial and territorial partners, Indigenous groups, industry, and communities on legislative reforms, including the development of a federal Aquaculture Act, as recommended by the Standing Senate Committee on Fisheries and Oceans. Future developments with respect to a federal Aquaculture Act may be found here.

Recommendation 11

In order to provide a longer time series of data on which to test for relationships between stressors found at salmon farms and the health of Fraser River sockeye salmon, the Department of Fisheries and Oceans should continue to require the collection of fish health data directly from operators of salmon farms and through DFO audits.

DFO operates in a manner consistent with this recommendation and continues to require the collection of fish health data directly from operators and through DFO audits.

Recommendation 12

For research purposes beyond routine monitoring, the Department of Fisheries and Oceans should require, as a condition of licence, that the operator of a salmon farm provide, on reasonable demand by DFO, fish samples, including live fish or fresh silvers (recently deceased fish), in a quantity and according to a protocol specified by DFO.

DFO supports the intent of this recommendation, and collects fish from aquaculture operations for monitoring and research purposes.

DFO fishery officers and fish health staff, who are designated fishery guardians, have the authority under Section 49 of the Fisheries Act to collect fish samples from salmon farms during facility inspections and audits. In addition to samples provided by industry, DFO fish health staff collect their own samples to maintain integrity of the specimen for research and audits. DFO also participates in research projects, such as the Strategic Salmon Health Initiative, where samples are collected under agreements with aquaculture farm operators.

Section 49 of the Fisheries Act allows for fish sample collection. For example:

• DFO’s fish health staff who perform sampling at farms are all designated as fishery guardians and therefore have the authority to collect fish under this provision
• a fishery officer or guardian may enter and inspect any place, including any premises, vessel or vehicle, in which the officer or guardian believes on reasonable grounds there is any work or undertaking or any fish or other thing in respect of which the Fisheries Act applies. In this case, the officer or guardian may:
  • open any container that the officer or guardian believes on reasonable grounds contains any fish or other thing in respect of which the act or the regulations apply
  • examine any fish or other thing that the officer or guardian finds and take samples of it

Recommendation 14

Beginning immediately and continuing until at least September 30, 2020, the Department of Fisheries and Oceans should ensure that:

• the maximum duration of any licence issued under the Pacific Aquaculture Regulations for a net-pen salmon farm in the Discovery Islands (fish health sub-zone 3-2) does not exceed 1 year
• DFO does not issue new licences for net-pen salmon farms in the Discovery Islands (fish health sub-zone 3-2)
• DFO does not permit increases in production at any existing net-pen salmon farm in the Discovery Islands (fish health sub-zone 3-2)

DFO has limited the number of salmon farming operations in the Discovery Island area until September 30, 2020, and multi-year licences will not be available for this area. During this period, additional scientific research is being conducted and a disease risk assessment process will be completed. In the interim, licence holders are required to submit fish health data to DFO, which is then posted on the DFO website.

Recommendation 15

The Department of Fisheries and Oceans should explicitly consider proximity to migrating Fraser River sockeye when siting salmon farms.

Siting of aquaculture operations is a shared and harmonized process in BC, requiring a provincial crown tenure, a federal navigable waters permit, and a federal aquaculture licence.

Aquaculture applications are submitted through a single-portal, where the Government of BC reviews siting related to granting leases for provincial crown lands, Transport Canada reviews siting related to navigable waters, and DFO considers siting relating to potential impacts to the aquatic environment from an aquaculture licence. More specifically, DFO’s review process for siting salmon farms considers: potential impacts to fish, fish habitat and the environment; potential impacts to existing fisheries; and fish health and wild-farmed interactions, which specifically includes consideration of the proximity to wild salmon migration routes.

Recommendation 16

After seeking comment from First Nations and stakeholders, and after responding to challenge by scientific peer review, the Department of Fisheries and Oceans should, by March 31, 2013, and every 5 years thereafter, revise salmon farm siting criteria to reflect new scientific information about salmon farms situated on or near Fraser River sockeye salmon migration routes as well as the cumulative effects of these farms on these sockeye.

Siting of aquaculture operations in BC is a shared and harmonized approach between the federal and provincial governments. DFO completed a review of Siting Guidelines for Marine Finfish Aquaculture in BC in 2014/15, which also included consultation with Indigenous groups and stakeholders.

Revised guidelines have been developed based on this review process and have been presented in draft form to industry, Indigenous groups and environmental non-governmental organizations. The final guidelines have now been approved. This review was informed by the latest science advice, which included consideration of potential impacts of aquaculture facilities on wild salmon. The review also included a commitment to examine and revise the Siting Guidelines every 5 years (or less) to incorporate new science and information as it becomes available.

Recommendation 17

The Department of Fisheries and Oceans should apply revised siting criteria to all licensed salmon farm sites. Farms that no longer comply with siting criteria should be promptly removed or relocated to sites that comply with current siting criteria.

Existing farms are managed through conditions of licence. These conditions of licence, among other things, require companies to manage relevant issues outlined in the Siting Guidelines. In circumstances where a farm does not adequately meet the conditions of licence, work is undertaken to examine mitigation options, which may include relocation. As such, this recommendation has been implemented, albeit in an alternative way.

Recommendation 18

If at any time between now and September 30, 2020, the Minister of Fisheries and Oceans determines that net-pen salmon farms in the Discovery Islands (fish health sub-zone 3-2) pose more than a minimal risk of serious harm to the health of migrating Fraser River sockeye salmon, he or she should promptly order that those salmon farms cease operations.

Scientific research is being conducted and a disease risk assessment process is underway and will be completed by 2020.

If scientific research indicates that net-pen salmon aquaculture farms in the Discovery Islands pose more than a minimal risk of serious harm to the health of migrating Fraser River sockeye salmon, net-pen salmon aquaculture farms in the Discovery Islands will be required to cease operations.

Recommendation 19

On September 30, 2020, the Minister of Fisheries and Oceans should prohibit net-pen salmon farming in the Discovery Islands (fish health sub-zone 3-2) unless he or she is satisfied that such farms pose at most a minimal risk of serious harm to the health of migrating Fraser River sockeye salmon. The minister’s decision should summarize the information relied on and include detailed reasons. The decision should be published on the Department of Fisheries and Oceans’ website.

DFO has made a commitment within the Wild Salmon Policy 2018-2022 Implementation Plan’s Maintaining and Rebuilding Stocks section to “complete scientific research and a risk assessment process with respect to risk of net-pen salmon farms in the Discovery Island area to migrating Fraser River sockeye salmon”. Progress on this work will be publically reported on an annual basis, and decisions respecting net-pen farming in the Discovery Islands will be posted on the DFO website.

If scientific research indicates that net-pen salmon aquaculture farms in the Discovery Islands pose more than a minimal risk of serious harm to the health of migrating Fraser River sockeye salmon, these net-pen salmon aquaculture farms will be required to cease operations.

Recommendation 20

To inform the decision under Recommendation 19, the Minister and the Department of Fisheries and Oceans should take the following steps:

• conduct the research and analyzes recommended in Recommendation 68 and publish the results of this research
• assess any relationships between salmon farming variables compiled in the fish health database and Fraser River sockeye health or productivity

Since the implementation of the DFO Pacific aquaculture management program in 2010, there has been no net increase in production in farmed salmon in the Discovery Islands, and no new farms have been licensed within this area.

Scientific research is currently being conducted on disease risks, which will be completed by 2020. Initial research includes a recent Canadian Science Advisory Secretariat (CSAS) process to assess the risk to Fraser River sockeye salmon due to infectious hematopoietic necrosis virus (IHNV) transfer from Atlantic salmon farms to wild fish in the Discovery Islands area of British Columbia. Further research is also planned to assess the potential risks posed by a variety of other diseases and pathogens.

DFO has ongoing research programs that are examining interactions of wild salmon (primarily sockeye, coho and chinook) with salmon farms in the Discovery Islands area. Migration routes, residency time, and the condition and health of juvenile salmon are being assessed. This work is being done in collaboration with external groups, such as the Pacific Salmon Foundation and British Columbia Salmon Farmers Association.

DFO will continue to develop a more formal assessment of disease risks, particularly novel and endemic diseases working with the Canadian Food Inspection Agency and domestic and international experts. Results to date from this work have been presented at public and scientific meetings, and data reports have been published. Formal peer-reviewed publications are planned. Samples from research programs have also been provided to the Strategic Salmon Health Initiative.

In September 2018, DFO announced a new science review to assess the risks of piscine reovirus (PRV) transfer from Atlantic salmon farms in the Discovery Islands area to Fraser River sockeye. The review will include domestic and international scientific experts from government, academia, Indigenous communities, ENGOs, and industry. The final report reviewed by the Canadian Science Advisory Secretariat and made publically available in early 2019. This is 1 of 10 risk assessments being undertaken by DFO to understand the risk of pathogen transfer associated with aquaculture activities in the Discovery Islands.

Results from these programs will continue to inform management of the aquaculture industry, as well as provide critical information to support Fisheries and Oceans Canada formal fish disease risk assessment process.

In addition, also in September 2018, the Government of Canada announced that both DFO and Environment and Climate Change Canada will create a new departmental science advisor position in each department. Reporting directly to the deputy ministers, the departmental science advisors will play an important role in supporting high quality scientific research within the federal departments and will help make government science available to Canadians. The first task of Fisheries and Oceans Canada’s departmental science advisor will be to establish a new External Advisory Committee on Aquaculture. This committee will provide advice on longer-term science priorities and mechanisms to better inform decision making. The committee and the departmental science advisor will complement, and be shaped by, the work of Canada’s chief science advisor.

Recommendation 21

The Department of Fisheries and Oceans should, by September 30, 2013, establish conditions of licence and a monitoring / compliance program in relation to salmonid enhancement facilities which contains the following minimum elements.

• Mandatory standard operating practices and record keeping.
• Mandatory fish health management plans for all salmon enhancement facilities, whether DFO, provincial, or Community Economic Development Program.
• Audits / site visits of all enhancement facilities at least once per year by a fish health professional.

Conditions of licence established for Pacific Aquaculture Regulation (PAR) licences for salmon enhancement facilities require recordkeeping and reporting (including mandatory reporting for major mortality events).

Site visits occur regularly to DFO Major Facilities by Salmonid Enhancement Program (SEP) support biologists during the salmon production cycle, and by the SEP veterinarian as required. SEP community projects are supported by the DFO community advisors, and the SEP veterinarian as required.

Each DFO Major SEP Facility has a site specific Fish Health Management Plan. Similarly, SEP community projects have best management practices to guide their hatchery practices. All of the SEP Facilities follow the conditions of their PAR licence, which includes a Salmonid Health Management Plan.

Recommendation 22

The Department of Fisheries and Oceans should establish and maintain a database of enhancement facility fish health—possibly under the Aquaculture Resource Information Management System (ARIMS) that DFO is constructing for salmon farm data. In future years, DFO should use these data to evaluate the effect of diseases and pathogens at fish enhancement facilities on the health of Fraser River sockeye salmon. DFO should provide access to these data to non-government scientists for research purposes.

DFO maintains a database which contains the results of diagnostic testing for cases received from government enhancement hatcheries in the Pacific Region, as well as information from private operations. Data on disease detection are currently provided on a case by case basis to the public as there is private information that must be safe-guarded before releasing the full database. DFO prepares this data for publication; after the data has been exported in an accessible format, a review is completed to ensure privacy and information protections are in place. Following this review, the data is published on the federal Open Data portal.

The Strategic Salmon Health Initiative (SSHI) has surveyed pathogens, assessment status, predator risk, freshwater associations, and holding studies. Advances have been made in understanding the resilience threshold for juvenile sockeye salmon. Funding to partners through the Pacific Salmon Foundation and other initiatives has advanced this work.

Researchers from the collaborative research initiative mentioned in Recommendations 64 and 65 are also conducting research to address the hypothesis that diseases are transmitted from salmonid enhancement facility raised (hatchery) salmon to wild sockeye salmon.

Extensive quantitative surveys of 47 potential salmon pathogens have been conducted across natal rearing areas, including hatcheries, streams and lakes producing sockeye, chinook and coho salmon; these data, collected over a decade of samples, will provide strong resolution of agents consistently more common in hatcheries that carry the highest risk of transmission to wild-origin fish. Contrasts with agent distributions in the lower Fraser River of both hatchery and wild-origin fish will further validate whether transmission occurs during down-stream co-migration.

The Aquatic Animal Health Section of DFO Science maintains a database containing the results of diagnostic testing for cases received from enhancement hatcheries in the Pacific Region. The majority of cases that are received are from Salmonid Enhancement Program (SEP) facilities. This database is internal; however, should someone request information from the database, such as a non-government scientist seeking information for research purposes, information is provided on a case-by-case basis. DFO has not used these data to evaluate the effect of diseases and pathogens at fish enhancement facilities on the health of Fraser River sockeye salmon.

Recommendation 23

The Department of Fisheries and Oceans should, by September 30, 2013, complete and make public a risk assessment of the interactions of Fraser River sockeye salmon with enhanced salmon in the marine environment.

The summary of the science advice from the first risk assessment in the form of a Science Advisory Document and supporting research papers are now available. See the following link for more information.

DFO plans to conduct a series of risk assessments on different pathogens. Currently, DFO is conducting a risk assessment on the viral disease infectious hematopoietic necrosis (IHN). This risk assessment is being conducted through a Canadian Science Advisory Secretariat (CSAS) process, which includes participants from outside of DFO. Once complete, the results of the review will be made public.

Science

Twenty of the Cohen recommendations relate to increasing science work in the areas of fish health, stock assessment, and climate change.

Recommendation 13

The Department of Fisheries and Oceans should give non-government scientific researchers timely access to primary fish health data collected through DFO’s routine monitoring programs, including data that relate to farmed or wild salmon.

DFO routinely posts updated marine finfish aquaculture fish health data to its website. The salmon escapement and productivity data sets were made available on the federal Open Government Portal in 2015.

Requests for further information regarding wild fish data can be considered subject to the provisions and exemptions outlined in the Access to Information Act and Privacy Act.

Recommendation 24

The Department of Fisheries and Oceans should work with the North Pacific Anadromous Fish Commission or an analogous international organization to address potential interactions in the high seas among wild and enhanced salmon from different countries, including developing plans for enhancement regulation and activities.

DFO invests significant resources in salmon-related science and works with the North Pacific Anadromous Fisheries Commission on collaborative salmon-related research.

Fisheries and Oceans Canada is examining density-dependent interactions in the North Pacific Ocean. Provisional Abundance Estimates of Adult Hatchery and Wild Pink, Chum, and Sockeye Salmon by Region of the North Pacific, 1952-2010, was published in April 2015. A modelling approach is being used to predict age-specific marine growth and survival from salmon biomass and various and oceanographic and climate variables. Additional resources would be required to conduct further research and analysis.

Recommendation 27

The Department of Fisheries and Oceans and Environment Canada should continue to monitor, at not less than 2010 levels, Fraser River temperature and flow.

The DFO Environmental Watch program has maintained the Fraser River temperature station network since 2010, and continues to collaborate with Environment and Climate Change Canada (ECCC) and other partners for flow data. In addition, Budget 2016 investments in ocean and freshwater science have helped enhance long-range (pre-season) and in-season forecasting of lower Fraser River summer temperature and flow conditions that affect the survival of returning adult sockeye salmon, and have provided improved support for pre-season fishery planning and in-season fishery management.

This recommendation also falls within ECCC’s mandate and has been implemented by ECCC.

Recommendation 28

The Department of Fisheries and Oceans should continue to contribute to the Pacific Salmon Commission’s test-fishing program so it is capable of operating at the 2010 level.

The department has continued to contribute to the PSC test-fishing program, though not at 2010 levels. Because the Fraser River sockeye salmon exhibit a 4-year cycle of dominant (high abundance) years, DFO is prioritizing efficiency in its test-fishing schedules, and notes that 2010 levels are not always efficient in non-dominant years.

2010 was an exceptional year, with extremely large returns and an extensive array of fisheries for commercial, recreational and Indigenous harvesters. In more recent years (at least 2 out of 4) there has been insufficient abundance to permit commercial or recreational fisheries and only limited food, social, and ceremonial (FSC) fisheries have occurred. In this context, the full suite of test fisheries (which typically involves 11 test fishing platforms or vessels) is large relative to the suite of fisheries occurring in most years.

Recommendation 29

The Department of Fisheries and Oceans should continue to provide sufficient funding to enable the Pacific Salmon Commission’s hydroacoustic facility at Mission and DFO’s hydroacoustic facility at Qualark to operate at the 2010 level.

Full operation of both Mission and Qualark has continued annually. Information from these facilities informs in-season management and post-season reviews by providing an estimate of the number of fish passing. The level of operation (duration and gear configuration) at both Mission and Qualark varies annually in response to expectations on returning run size and management requirements. Since Fraser River sockeye salmon exhibit a 4-year cycle of dominant (high abundance) years (2010 was a dominant year followed by a subdominant year and 2 off-years with smaller, shorter runs), the level of operation is adjusted annually to match these differences. DFO continues to support these operations and the establishment of appropriate operating levels based on run size and management requirements as an efficient and effective enumeration approach.

A joint DFO-Pacific Salmon Commission (PSC) technical working group is assessing the optimal acoustic equipment configuration for in-season sockeye salmon management in the lower Fraser River. This work is directed by the bilateral (Canada-U.S.) Fraser Strategic Review Committee with the objective of determining the optimal hydroacoustic program that could be implemented within the regular Mission hydroacoustic budget.

The Mission facility has been supported through the operating budget of the Pacific Salmon Commission (PSC), which is jointly funded by Canada and the United States and as such, project funding levels are decided bilaterally. In addition, Budget 2016 investments in ocean and freshwater science provided partial funding for the Qualark facility. However, Qualark operations remain dependent on additional funding from the PSC Southern Endowment Fund to bridge the gap and achieve annual program deliverables. The department continues to seek ways to stabilize funding on an ongoing basis.

Recommendation 30

The Department of Fisheries and Oceans should:

• designate an individual to coordinate scientific, educational, and management efforts in relation to selective fishing practices
• study post-release survival rates for all fisheries

DFO takes a coordinated approach to selective fishing efforts and to conducting studies on post-release survival rates on a priority basis. A Science Advisory Report evaluating fishing-related incidental mortality for all Pacific salmon species was published in 2016 (Science Advisory Report 2016/049), and there are now staff in place to coordinate the implementation of DFO’s Sustainable Fisheries Framework. The Sustainable Fisheries Framework includes policies that support selective fishing practices, such as policies on bycatch management and fishery monitoring and catch reporting. In addition, DFO continues to collaborate with academic partners as well as other organizations on selective fishing.

Recommendation 32

With respect to escapement enumeration for Fraser River sockeye salmon returning to their spawning grounds, the Department of Fisheries and Oceans should:

• continue enumeration at not less than the level of precision recommended by DFO stock assessment staff for Fraser River sockeye spawning populations in 2010
• determine the calibration (or expansion index) for spawning populations in the 25,000–75,000 range

Monitoring standards and the level of precision recommended by DFO in 2010 are specified in the Fraser River Sockeye Salmon Assessment Framework. The level of precision to be achieved varies among stocks in the Fraser River watershed, and is based on the expected abundance of adults returning to a spawning stream in a given year. Specifically, streams in which fewer than 75,000 spawning fish are expected are assessed using low precision methods (i.e., visual techniques), while streams with greater than 75,000 spawning fish are assessed using high precision methods. High precision methods (counting fences, sonar, mark-recapture programs) are costlier to deliver; regardless in a year with high adult returns such as 2010, more stocks are assessed with high precision methods. Using the abundance criterion to establish the level of precision to be achieved is an efficient and effective approach to match resources with expected sockeye salmon annual returns in the Fraser River.

DFO is conducting method inter-calibration research with support from the Pacific Salmon Commission’s Southern Endowment Fund to determine the calibration for spawning populations in the 25,000-75,000 range. Although indices have been developed for 23 visually surveyed sockeye salmon populations in medium-and large-sized clear streams and in partially turbid/tannic streams, calibration of other stream types and lake spawning populations has not been completed. Opportunities to conduct calibration studies are limited because the work involves comparing estimates generated using high precision enumeration techniques and those generated using low precision visual techniques.

Recommendation 33

The Department of Fisheries and Oceans should double, from 2 to 4, the number of lakes in the Fraser River basin in which it conducts annual lake stock assessments as well as annual monitoring programs to estimate fall fry populations.

DFO staff have planned the expansion of the field work required to deliver on this recommendation, which includes 4 fry productivity lake assessments in any given year, and a larger rotational scheme that targets dominant sockeye years to conduct productivity assessments in more than 4 lakes.

Recommendation 34

The Department of Fisheries and Oceans should allocate funding for stock assessment of other salmon species that share the Fraser River with sockeye salmon.

DFO Science has focused stock assessment on core species (sockeye and chinook), although additional work has been done on other salmon species.

Recommendation 35

The Department of Fisheries and Oceans should support the involvement of members of First Nations in escapement enumeration and other stock assessment activities in their traditional territories.

There has been extensive engagement of Indigenous groups by DFO in stock assessment activities in their traditional areas, and DFO supports continued Indigenous engagement in stock assessment and escapement enumeration work.

Recommendation 64

The Department of Fisheries and Oceans should undertake or commission research on Fraser River sockeye salmon smolts at the mouth of the Fraser River estuary, before they enter the Strait of Georgia, to determine stock / conservation unit abundance, health, condition, and rates of mortality.

DFO has been collecting juvenile sockeye salmon at the mouth of the Fraser River since 2012 to determine the abundance, health, and condition of different conservation units (CUs) prior to entering the marine environment.

Furthermore, DFO is engaged in collaborative studies to survey 47 potential pathogens along the freshwater and early marine migration route of sockeye salmon, which includes lower Fraser River samples in the analysis. DFO is also conducting smolt tracking studies from natal rearing areas to the northern Strait of Georgia with researchers from the University of British Columbia. DFO has developed molecular biology tools to detect the presence of specific stressors such as temperature, low oxygen, and disease in individual fish, but these tools require further validation to assess sockeye salmon smolt or adult fish condition.

Recommendation 65

The Department of Fisheries and Oceans should undertake or commission research, in collaboration with academic researchers and, if possible, the Pacific Salmon Commission or another appropriate organization, into where and when significant mortality occurs in the near-shore marine environment, through studies of the outmigration from the mouth of the Fraser River through to the coastal Gulf of Alaska, including the Strait of Georgia, Juan de Fuca Strait, the west coast of Vancouver Island, Johnstone Strait, Queen Charlotte Sound, and Hecate Strait. Studies should examine:

• abundance, health, condition, and rates of mortality of Fraser River sockeye salmon
• biological, chemical, and physical oceanographic variables, including water temperature, the presence or absence of harmful algal blooms, and disease
• predators, pathogens, competition, and interactions with enhanced salmon affecting Fraser River sockeye salmon
• contaminants, especially contaminants of emerging concern, endocrine-disrupting chemicals, and complex mixtures

DFO is engaged in collaborations with partners—including the University of British Columbia (UBC), the Pacific Salmon Foundation (PSF), and Genome BC—to undertake several research projects, including:

• surveys of 47 potential pathogens along the freshwater and early marine migration route of sockeye salmon from the mouth of the Fraser River to the Gulf of Alaska over multiple years
• smolt tracking with UBC from natal rearing areas through receivers in the Johnstone and Juan de Fuca Straits to provide information on the locations of mortality, and in conjunction with pathogen monitoring, to explore whether survival is linked to freshwater pathogens
• cumulative impact studies, including assessing the role of infection status on predation risk
• studies on interactions between hatchery and wild fish

While not yet validated, DFO has developed biomarkers to predict the presence of specific stressors like temperature, low oxygen, osmotic pressure, and viral disease that will further advance assessing the health of fish during outmigration.

DFO has the mandate to conduct research on biological effects of various contaminants on fish. DFO’s National Contaminants Advisory Group has commissioned research projects associated with the biological effects of contaminants on Pacific salmon, including the effects of emerging chemical contaminants (e.g. pharmaceuticals and personal care products, nanoparticles, and brominated flame retardants) on fish of commercial, Aboriginal, and recreational value to Canadians. Further details regarding research projects on contaminants and their impacts on Pacific salmon are included in response to Recommendation 53.

DFO invests significant resources in salmon-related science, which is used to inform fisheries management decision making. For example, DFO currently conducts research and actively collaborates with government agencies and academic researchers in Canada and the United States to examine aspects of distribution, abundance and biology of juvenile salmon, including Fraser River sockeye and associated ecosystems. This includes the collection of juvenile salmon and associated oceanographic variables from the Strait of Georgia to Hecate Strait by DFO and in Alaska by U.S. scientists using various platforms, and an assessment of bird predation on juvenile salmon (funded jointly by DFO, Pacific Salmon Commission, Pacific Salmon Foundation, ECCC, and industry).

DFO also works with others such as the Pacific Salmon Commission and the Pacific Salmon Foundation on issues of common interest (e.g., factors affecting the productivity of sockeye and chinook salmon), and international bodies such as the North Pacific Anadromous Fisheries Commission on collaborative salmon-related research. Health and condition (measured through histopathology, gene expression, protein biomarkers, and clinical measures in blood and gill) and epidemiological patterns of microbe distributions are being assessed along the migration trajectory from natal rearing areas within the Fraser River through the Queen Charlotte Sound in the Strategic Salmon Health Initiative. Populations being assessed include sockeye salmon and hatchery enhanced and wild chinook and coho salmon. Epidemiological analyzes of these data will provide insight into the potential for microbes exchanged between enhanced and wild fish.

Recommendation 66

In furtherance of Canada’s understanding about what regulates Fraser River sockeye abundance and distribution, Canada should propose an international, integrated ecosystem research program to measure biological, chemical, and physical oceanographic variables in the offshore Gulf of Alaska. Some or all of the research would be conducted in collaboration with academic researchers, the North Pacific Marine Science Organization (PICES), and/or the North Pacific Anadromous Fish Commission.

Canada’s proposal for the North Pacific Anadromous Fish Commission (NPAFC) to lead the International Year of the Salmon in 2019 to further understand the factors regulating salmon abundance and distribution in the northern hemisphere, including Fraser River sockeye, was accepted by the NPAFC and endorsed by the North Atlantic Salmon Conservation Organization (NASCO). Planning is currently underway for a collaborative International Gulf of Alaska Winter Salmon Study as part of International Year of the Salmon involving researchers from Russia, Canada, the United States, and the Pacific Salmon Foundation. The study will measure biological, chemical and physical oceanographic variables in the Gulf of Alaska that may influence salmon abundance and distribution.

Recommendation 67

The fish health research priorities of the Department of Fisheries and Oceans should reflect its responsibility for the conservation of wild fish. To that end, DFO’s science managers should encourage innovation and new research into novel diseases and other conditions affecting wild fish, beyond the interests of specific “clients” such as the Canadian Food Inspection Agency or aquaculture management.

DFO is actively engaged in a variety of innovative and new research into novel diseases funded through a combination of internal DFO sources as well as collaborations with external partners. This research focus has resulted in the publication of three 2016 scientific papers on novel diseases:

• DiCicco E, Ferguson HW, Schulze AD, Kaukinen KH, Li S, Vanderstichel R, Wessel Ø, Rimstad, E, Gardner IA, Hammell KL, Miller KM. 2016. Heart and skeletal muscle inflammation (HSMI) disease diagnosed on a British Columbia salmon farm through a longitudinal farm study. PLOS One: http://dx.doi.org/10.1371/journal.pone.0171471
• Polinski MP, Bradshaw JC, Inkpen SM, Richard JR, Fritsvold C, Poppe TT, Rise ML, Garver KA, Johnson SC. 2016. De novo assembly of sockeye salmon kidney transcriptomes reveal a limited early response to piscine reovirus with or without infectious hematopoietic necrosis virus superinfection. BMC Genomics (2016) 17:848 DOI 10.1186/s12864-016-3196-y
• Garver KA, Johnson SC, Polinski MP, Bradshaw JC, Marty GD, Snyman HN, Morrison DB, Richard J. 2016. Piscine Orthoreovirus from Western North America is Transmissible to Atlantic salmon and sockeye salmon but fails to cause Heart and Skeletal Muscle Inflammation. PLoS ONE 11(1): e0146229. doi:10.1371/journal.pone.0146229

DFO is also engaged in a broader collaborative research initiative with external partners (see Recommendation 65) to do innovative research to develop and validate a pathogen monitoring platform to simultaneously assess several potential pathogens that are not of interest to the Canadian Food Inspection Agency or other clients. This collaboration developed a viral disease panel that can identify fish that have been infected, but are not presenting symptoms. The viral disease panel can differentiate between viral and bacterial diseases using a gill tissue sample. A similar tool is under development for bacterial and parasitic diseases. DFO’s use of the viral disease panel has led to the identification of several previously uncharacterized viruses in Pacific salmon. Finally, the initiative is conducting analyzes to determine whether environmental DNA samples could be used as a non-destructive approach to assess pathogen and harmful algal bloom species prevalence and abundance in the water column, with 2 collaborative studies on this topic underway.

The fish health research priorities of DFO reflect the department’s responsibility for conservation of wild fish. DFO’s current fish health research priorities for BC focus on the study of pathogens and parasites present on salmon farms and their effects on wild salmonids, especially sockeye salmon.

DFO also supports the Strategic Salmon Health Initiative (Fisheries and Oceans Canada, Pacific Salmon Foundation, and Genome BC funded) which is conducting large scale assessments of microbes carried by farmed and wild salmon (sockeye, chinook and coho) and examining their potential for impacting the health and condition of salmon.

DFO actively encourages the use of new research tools to diagnose and study disease and other conditions affecting wild fish. For example, the Strategic Salmon Health Initiative has developed and validated a microfluidics-based microbe monitoring platform that allows for very cost effective and rapid screening of samples for 45 microbes. DFO has and continues to fund or co-fund research programs that use other types of advanced genomic techniques to examine host-pathogen/parasite interactions, salmon condition and performance and microbe genetic diversity. These programs are conducted in collaboration with national and international experts from universities and other research organizations.

Recommendation 68

The Department of Fisheries and Oceans should undertake or commission research into the health of Fraser River sockeye salmon, including the following issues.

• Determining, in conjunction with the research proposed in recommendations 64 and 65, what pathogens are encountered by Fraser River sockeye salmon along their entire migratory route, and the cumulative effects of these pathogens on Fraser River sockeye salmon.
• The hypothesis that diseases are transmitted from farmed salmon to wild sockeye.
• The hypothesis that diseases are transmitted from salmonid enhancement facility salmon to wild sockeye.
• The thresholds of sea lice infection and resilience in sockeye and the patterns of sea lice distribution and infection on juvenile sockeye.

DFO in partnership with Pacific Salmon Foundation (PSF) and Genome BC, announced a collaborative research initiative in 2016. The collaborative research initiative, mentioned in recommendations 64 and 65, was to conduct research into the health of Fraser River sockeye salmon to specifically address the following.

• Surveying potential pathogens (described above) along smolt migration from fresh water natal rearing areas through migration into Queen Charlotte Sound.
• Assessing cumulative impact of infection status on predation risk imposed by fresh water fish (bull trout) and sea birds (Auklet).
• Assessing associations between infectious agents carried in fresh water and migratory survival of Pacific salmon smolts through acoustic tracking studies.
• Identifying through experiments that hold fish at different temperatures to show linkages between river temperatures and pathogen replication/impact on adult migrants.
• Holding studies examining catch-release fisheries/handling stress and disease progression.
• Assessing, in both out-migrating smolts and adult return-migrants, pathogens that are commonly found as co-infections, and their co-impact on performance.

Over the past 4 years, DFO has also demonstrated progress on understanding the threshold of sea lice infection and resilience in sockeye salmon. This work has identified the threshold number of sea lice at which mortality occurs (a mean of 5 to 7 adult sea lice per fish). It has also shown that 1 to 2 sea lice can cause changes in blood chemistry of juvenile fish. This work is ongoing and DFO is exploring whether sockeye salmon display genomic markers that are indicative of their resilience (or susceptibility) status.

DFO staff also co-authored a 2015 Canadian Science Advisory Secretariat research document which included information on patterns of sea lice distribution and infection, and summarized reported sea lice levels on juvenile wild salmon in the Pacific.

DFO is funding several projects that are examining the health status of Fraser River sockeye salmon. For example, DFO provides co-funding and other support for the Strategic Salmon Health Initiative which is examining sockeye salmon collected along their migratory route for the presence of 45 microbes. The Program for Aquaculture Regulatory Research (PARR) and Aquaculture Collaborative Research Development Program are supporting sockeye health assessments as part of ongoing studies into juvenile sockeye migratory behavior and interactions with salmon farms. DFO provided funding under the Genomic Research and Development Initiative (GRDI) and PARR programs to support research that has examined the impact of co-infections on the ability of sockeye salmon to respond to subsequent infection with pathogens. The Strategic Salmon Health Initiative plans to combine microbe data with microarray studies from the Genome BC funded FishManOmics project, and biomarkers identified in the GRDI-funded Genomic Research and Development Initiative Fit Chips project to determine the linkages between microbe detection and genes associated with specific stressors. The effects of pathogens on predation rates of sockeye salmon by Auklets is also being examined by the Strategic Salmon Health Initiative.

As well, a DFO Science Task Team is specifically evaluating the risk to Fraser River sockeye from pathogens transferred from Atlantic salmon fish farms. Ongoing research is being conducted in wild/farmed fish health interactions, particularly in the BC context.

Recommendation 69

The Department of Fisheries and Oceans should undertake or commission research into the life history of the Harrison River sockeye population.

Assessment and forecast activities with respect to Harrison River sockeye salmon are conducted annually by DFO. At the same time, DFO continues to conduct research into the life history and dynamics of the Harrison River sockeye salmon population, including a 2018 Science Advisory report on the Harrison River sockeye population. Previous research has been published in international peer reviewed scientific journals as well, including:

Beamish R J, Neville CM, Sweeting RM, Beacham TD, Wade J, Li L. 2016. Early ocean life history of Harrison River salmon and their contribution to the biodiversity of sockeye salmon in the Fraser River, British Columbia, Canada. Transactions of the American Fisheries Society 145: 348-362.

Recommendation 70

The Department of Fisheries and Oceans should initiate, along with the appropriate state agencies in Oregon, Washington, and Alaska, a long-term working group devoted to coordinating the collection and analysis of data on the productivity of their sockeye salmon populations. The working group should invite a knowledgeable and independent entity, such as the Pacific Salmon Commission, to act as coordinator for the working group.

Canada and the United States, through the Standing Committee on Scientific Cooperation of the Pacific Salmon Commission (PSC), have taken steps to collect and analyze productivity data for sockeye salmon populations. A report focusing on environmental and biological extrema of 2015 and 2016, and the impacts on salmon population productivity from the Bering Sea through southeast Alaska and British Columbia to as far south as the Columbia River in Oregon and Washington was completed and posted on the Pacific Salmon Commission website.

DFO has ongoing and long-standing relationships with the National Oceanic and Atmospheric Administration (NOAA) and other government and academic partners. Some work has been done on Salmon Ocean Ecology to coordinate the collection and analysis of data on the productivity of salmon, including sockeye salmon, in coastal ecosystems. A newsgroup has been created to exchange information on ongoing research surveys and current issues on marine ecosystems.

Recommendation 71

The Department of Fisheries and Oceans should develop and carry out a research strategy to assess the cumulative effects of stressors on Fraser River sockeye salmon and their habitats. Cumulative effects may include multiple sources of a stressor, exposure to stressors over the life cycle of Fraser River sockeye, or exposure to multiple types of stressors interacting in a cumulative manner.

A progress report on cumulative stressors has been completed, but studies identifying biomarkers have yet to be validated. The Oceans Protection Plan will support ongoing research into cumulative effects of stressors on Fraser River sockeye salmon and their habitats.

DFO has developed several risk assessment frameworks to identify cumulative stressor effects on species and their habitats and has begun the process of selecting frameworks to form the research approach to assess the cumulative effects of stressors on Fraser River sockeye salmon and their habitats. In addition, some background studies to support the implementation of the framework have been undertaken, including the identification of potential stressors (see responses to recommendations 65, 67, and 68).

In 2014, DFO Science Branch held a 2-day workshop to initiate a framework to guide development of research on cumulative effects of stressors on Fraser River sockeye salmon, and on other species of Pacific salmon. An outcome of this effort was the development of a model governance structure to promote interdisciplinary collaboration and oversee proposed research. Since then, DFO has been working with ECCC and the Province of BC to coordinate efforts with similar developments in those organizations.

Research projects into cumulative effects modelling approaches, funded by the Pacific Salmon Commission and Natural Sciences and Engineering Research Council, are in progress and DFO is considering other collaborative research opportunities relevant to the health of Fraser River sockeye salmon.

Recommendation 73

The Department of Fisheries and Oceans should develop and maintain a central inventory of information about existing and new Fraser River sockeye salmon research, including who has custody of it and where it can be located. DFO should make the inventory available to the public, and make the information in the inventory available to non-DFO scientific researchers.

The department has initiated the development of an inventory on sockeye salmon research that will identify the custodians and location, and is investigating how to make this inventory publicly available in the current fiscal year.

In addition, DFO has started to provide salmon-related data on DFO’s Open Data portal, with productivity and escapement databases submitted, and DFO and the Pacific Salmon Foundation are collaborating on a Salish Sea database that is housed by the University of British Columbia.

Recommendation 74

To improve future sustainability of the Fraser River sockeye, the Government of Canada should champion, within Canada and internationally, reasonable steps to address the causes of warming waters and climate change.

Environment and Climate Change Canada (ECCC) is the lead agency responsible for the climate change file. Domestically, in 2016, the Government of Canada, in collaboration with the provinces and territories and in consultation with Indigenous peoples, released its Pan-Canadian Framework on Clean Growth and Climate Change. Internationally, Canada remains committed to the Paris Agreement and is working with international partners to develop the Paris Work Programme that Parties agreed to complete in 2018.

DFO works to address climate change impacts in aquatic ecosystems as a part of an ECCC-led, whole-of-government effort. Through this work, the department conducts vulnerability assessments on Pacific species, including salmon, to warming waters and continues to monitor trends in sea surface temperature, oxygen levels, and ocean acidification in freshwater and marine areas. These monitoring data are important to understanding the causes of change and are used by DFO in studies to quantify the rate of change in freshwaters and marine waters inhabited by Pacific salmon.