Consultation on a Regulatory Proposal to Prescribe Stocks to the Fish Stocks Provisions in the Fisheries Act

Background on the Fish Stocks provisions in the Fisheries Act and regulatory rebuilding requirements

The Fish Stock provisions (FSP) in the amended Fisheries Act (ss. 6.1-6.3) came into force through amendments to the Fishery (General) Regulations (FGR) on April 4, 2022. One of the amendments to the FGR listed the first batch of 30 major fish stocks to be subject to the FSP (s. 69 and Schedule IX).

The FSP establish binding obligations on the Minister of Fisheries and Oceans to (1) maintain major fish stocks at levels necessary to promote sustainability (s. 6.1); and (2) develop and implement rebuilding plans for stocks that have declined to or below their limit reference point (s. 6.2). The limit reference point is the stock level below which productivity is sufficiently impaired to cause serious harm to the stock. These obligations only apply to stocks that have been prescribed in regulation (s. 6.3).

The FGR amendments also set out requirements for rebuilding plans for major stocks subject to the FSP (s. 70). Specifically, these include:

• The required contents of rebuilding plans (e.g., reasons for the stock’s decline, rebuilding objectives, management measures to achieve those objectives, etc.);
• A 24-month timeline to develop a rebuilding plan, with the possibility to extend the timeline by 12 months for a total of 36 months; and
• An obligation that the level of fishing on a stock (if any) is consistent with rebuilding the stock while the rebuilding plan is in development.

Intent of the regulatory proposal

Fisheries and Oceans Canada (DFO) is proposing to prescribe a second batch of 62 major stocks to the FSP, by amending Schedule IX of the FGR (see the list below or download the PDF). In addition, if these stocks are added to Schedule IX of the FGR, any that are at or below their limit reference point will also be subject to the regulatory requirements of s. 70 of the FGR.

Additional information on the list of major stocks proposed to be added to Schedule IX of the FGR

The proposed list of 62 stocks were selected from DFO’s annual Sustainability Survey for Fisheries. The Survey includes 180 of Canada’s key harvested fish stocks, from all DFO regions. It includes finfish, invertebrates and marine mammals. Over time, DFO aims to prescribe the majority of the stocks on the Survey to the FSP.

Forty-nine (49) of the proposed stocks are currently above their limit reference point. If prescribed by regulation, they would be subject to s. 6.1 of the FSP, which requires that the fisheries management measures maintain these stocks at or above the level necessary to promote their sustainability. These measures could comprise any number of actions that are already taken by DFO for each stock in the course of their normal management, including the quantity of fish harvested in a fishing season, fishing gear types used, and geographic and seasonal fishery closures.

Three (3) of the proposed stocks are currently at or below their limit reference point. If prescribed by regulation, they would be subject to s. 6.2 of the FSP, which requires that a rebuilding plan be developed and implemented to rebuild these stocks above their limit reference point. They would also be subject to the regulatory requirements of s. 70 of the FGR.

Ten (10) of the proposed stocks do not have limit reference points in place at this time, thus DFO has made it a priority to establish them.

Participate in our consultation

Send your feedback on the regulatory proposal to DFO.Rebuilding-Retablissement.MPO@dfo-mpo.gc.ca.

The deadline for sending us your feedback is December 19, 2022.

The authorities for this regulatory amendment are found in the Fisheries Act.

Related resources

• Alternative format (PDF document) - Consultation on a Regulatory Proposal to Prescribe Stocks to the Fish Stocks Provisions of the Fisheries Act