Proposed regulation to list major fish stocks and describe requirements for stock rebuilding plans

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Background for Bill C-68 and the proposed regulations

Amendments to the Fisheries Act (Bill C-68) were passed by the House of Commons on June 2018 and are currently under review by the Senate.

These amendments include new fish stock provisions and requirements to:

• maintain major fish stocks at levels necessary to promote sustainability (Section 6.1)
• develop and implement rebuilding plans for stocks that have declined to their critical zone (Section 6.2)
• prescribe the list of major stocks to which sections 6.1 and 6.2 apply (Section 6.3)

The amendments also include new authorities to develop regulations related to rebuilding in Subsection 43(1)b.1.

Context for the current fishery management framework

We manage fisheries through the integrated fisheries management planning process, guided by policies from the Sustainable Fisheries Framework. One of these policies describes how to set harvest levels using pre-agreed rules to account for uncertainty and risks. This is called the 2009 Precautionary Approach policy.

To apply this policy to a stock, we identify reference points and harvest control rules. These components are referred to as the Precautionary Approach Framework for a stock.

In general, this policy:

• manages harvests on a stock to maintain its abundance at healthy levels and avoids overfishing
• applies pre-agreed rules if a stock declines to reduce fishing mortality in order to:
• grow the stock
• prevent the stock from declining to its limit reference point (LRP)
• implements a rebuilding plan if a stock declines below its LRP into the critical zone
• the aim is to grow the stock above its LRP, out of the critical zone

In 2017, we initiated an annual work plan to:

• complete rebuilding plans for depleted stocks
• develop precautionary approach components for stocks that don’t have them

This work plan will be updated each year with new priorities.

The current management framework for fisheries will be strengthened by the proposed:

• Fish Stocks provisions in Bill C-68
• regulation, which is the subject of this document 

The Fish Stocks provisions will allow us to establish binding requirements to maintain stocks and to develop and implement rebuilding plans for depleted stocks.

To meet the proposed Fish Stocks provisions, we’ll apply the precautionary approach policy to each fish stock that’s:

• listed by regulation
• subject to the provisions

Context for the Precautionary Approach Framework

The United Nations Agreement on Straddling and Highly Migratory Fish Stocks came into effect in 2001. Canada committed to the Precautionary Approach Framework as it applies to fisheries in this U.N. agreement.

Signatories shall apply the precautionary approach by determining stock-specific reference points and the action to be taken if the reference points are exceeded.

The precautionary approach is a method of risk management and defines how to set the total allowable catch for a fishery. Its components include:

• 3 stock status zones
• 3 reference points
• harvest control rules for each zone

Components of the precautionary approach

Goal of the regulatory proposal

The goal of the regulatory proposal is to amend the Fishery (General) Regulations to:

• prescribe major stocks that will be subject to the Fish Stocks provisions in sections 6.1 and 6.2 of Bill C-68 once it becomes law
• set out the requirements for stock rebuilding plans that are triggered under Section 6.2(1) in Bill C-68

The following describes the 2 parts of the regulatory proposal.

• Prescribing a list of major stocks.
• The Fish Stocks provisions in Bill C-68 (Section 6.1 to Section 6.2) will only apply to major fish stocks prescribed by regulation.
• Section 6.1 requires that the minister maintain stocks at levels necessary to promote sustainability.
• Section 6.2 requires that the minister develop and implement rebuilding plans for depleted stocks.
• This proposed regulation will include the first batch of major stocks (for example, Batch 1) that will be subject to the proposed provisions.
• The requirements for rebuilding plans for stocks at or below their limit reference point.
• This part of the proposed regulation will contain the:
• proposed required contents of a rebuilding plan drawn from the 2013 Guidance for Developing Rebuilding Plans Under the Precautionary Approach
• timeline to put a plan in place once the requirement for a rebuilding plan is triggered under Section 6.2(1) and exemptions for extending the timeline

Background on the proposed list of major stocks for Batch 1

The 25 stocks for Batch 1 were selected from the list of 179 major stocks that we surveyed in our 2018 Sustainability Survey for Fisheries. The exception is 2 Pacific salmon stocks that weren’t part of the survey.

Our survey includes stocks from all regions, including:

• salmon
• marine fish
• marine mammals

This Batch 1 list is comprised of stocks:

• with a current stock status in the healthy zone as it relates to the precautionary approach
• for which we’ve committed to develop and implement rebuilding plans
• therefore, some of the stocks will be subject to Section 6.1 provisions, while others will be subject to Section 6.2 provisions

The mix and number of species on the list provides a manageable group of stocks with which to operationalize the proposed provisions. Larger numbers of stocks will be considered for future batches through the experience gained by implementing the provisions for these stocks.

Over time, all the major stocks will be added by regulation in batches, and thus will become subject to the proposed Fish Stocks provisions in Bill C-68. 

Proposed contents of rebuilding plans

A rebuilding plan required under Section 6.2(1) will contain:

• a description of the:
• stock status
• stock trends
• reasons for the stock’s decline
• measurable objectives aimed at rebuilding the stock with timelines for achieving the objectives
• the objectives should identify the desired rebuilt state or target
• for example, a stock status that’s above the stock’s limit reference point with a given probability
• management measures aimed at achieving the objectives
• a method to track progress to achieve the rebuilding plan’s objectives
• an approach to review the objectives and adjust them if the objectives are not being achieved

Proposed timelines to develop rebuilding plans

A rebuilding plan for a prescribed stock must be put in place within 24 months after the minister has triggered Section 6.2(1).

Section 6.2(1) is triggered when the minister determines that the listed stock has declined to or below its limit reference point.

The 24-month timeline may be extended to 36 months for the following reasons:

• to collect and provide the scientific information necessary to develop a rebuilding plan
• to provide additional time to seek feedback on the rebuilding plan from Indigenous peoples
• to discuss with another jurisdiction(s) the management measures for a shared stock 

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 February 15, 2019.

We anticipate possible publication of the proposed regulations in the Canada Gazette, Part I, before summer 2019.

The authorities for these regulations are found in Bill C-68. Therefore, these regulations won’t proceed to publication in the Canada Gazette,Part 1, until the coming into force of the provisions in Bill C-68.