Current issues

Purchase of Clearwater by a coalition of Atlantic First Nations and Premium Brands

• The Government of Canada supports collaboration amongst First Nations and non-Indigenous harvesters and efforts to create partnerships. Working together towards mutually beneficial outcomes is the practice of reconciliation.
• Details of the arrangement will need to be discussed further with Clearwater and the First Nation coalition.
• If we understand Clearwater’s intentions correctly, the company will need to submit reissuance requests to Fisheries and Oceans Canada for all licences that are to be transferred to a new entity – in this case to the First Nations Coalition.
• My department and I are looking forward to learning more details about this complex transaction and will review the relevant licensing requests, as required.

If asked about the Marshall Decision, moderate livelihood and/or treaty rights:

• The Government of Canada remains committed to implementing the treaty right to fish in pursuit of a moderate livelihood.
• Canada stands ready to work with First Nations to explore and discuss how to implement this right, while supporting a safe and orderly fishery.

Background

• On November 9, 2020, Clearwater Seafood Inc. announced the results of the company’s strategic review. While the details of the arrangement are still uncertain, at least seven Atlantic Mi’kmaq First Nations (and possibly up to 14), led by Membertou First Nation, are understood to be purchasing a 50 per cent share in the Clearwater Seafood company. The remaining 50 per cent share would be purchased by Premium Brands, a private sector company based in British Columbia, Canada.
• The Mi’kmaq First Nations are borrowing $250 million from the First Nations Finance Authority (FNFA) in order to finance the purchase. All of Clearwater’s Canadian fishing licences are expected to be re-issued to a 100 per cent First Nations owned corporation.
• There may be other Indigenous groups that have an interest in becoming involved in the current deal. [Information was severed in accordance with the Access to Information Act.]
• With regard to the East Coast fishing industry, the November 9 announcement is seen as a “transformational moment”, since Clearwater is North America’s largest producer of shellfish. DFO continues to monitor stakeholder reactions.
• Clearwater shareholders are expected to vote on the proposed sale agreement in early January 2021.

Central Coast crab Food, Social and Ceremonial needs

• My Department and four BC Central Coast First Nations have been working together through the Central Coast Collaborative Crab Management Process to address concerns regarding food, social and ceremonial (FSC) fishing access to crab in traditional fishing areas.
• Ensuring First Nations have access to fish for FSC purposes is our top priority, second only to conservation considerations.
• The Department is currently reviewing a recommendation coming out of the collaborative management process to close certain fishing areas to commercial and recreational activities.
• Both the recreational and commercial sectors participated in the process and will continue to be consulted on the proposed closures and future monitoring during the development of the 2021/22 Crab Integrated Fisheries Management Plan.

Background

• The Central Coast Collaborative Crab Management Process (CCCMP) is a pilot that is part of a larger Fisheries Resources and Reconciliation Agreement (FRRA) process underway with Fisheries and Oceans Canada (DFO) by Coastal First Nations that will offer economic and governance opportunities to First Nation communities.
• The CCCMP is governed by a letter of intent and a process and procedure agreement. The primary goals are (1) to maintain healthy crab populations and (2) ensure sufficient Food, Social and Ceremonial (FSC) access.
• The collaborative First Nations/DFO steering committee is recommending a list of closures based on a joint review of information on local crab biology and First Nations’ FSC needs. The implementation of these closures has been delayed due to a need to further engage with the commercial and recreational sectors. As a result, the Central Cost Nations have called for a meeting of the Executive Committee for November 18 to discuss the overall collaborative process.
• Since its inception in 2017, the process has focused on developing a joint understanding of crab on the Central Coast. The Dungeness crab fishery in BC is primarily managed by reducing fishing impacts on reproductive individuals. No crab fishing sector can legally keep crab smaller than 165 mm point-to-point carapace width (“legal male crab”).
• First Nation FSC fishers on the Central Coast have reported declines in their catch rates of legal male crabs since the 1990s. They report that declines accelerated in the early 2000s as commercial fishing effort in the Central Coast increased, and as recreational fishers began to navigate through the smaller bays and inlets.
• Commercial and recreational fishery representatives have stated that they have been insufficiently consulted and argued for alternative, less restrictive means of supporting FSC access.

Cohen Commission – Discovery Islands

• My department is committed to the conservation and protection of our wild Pacific salmon. That is why my department’s policy and decision-making on potential risk to wild Pacific salmon relies heavily on sound, peer-reviewed science advice.
• My department has recently completed nine risk assessments to provide important information on the potential risk from salmon farms to wild Sockeye salmon in the Discovery Islands area.
• These assessments concluded that the transfer of these pathogens pose a minimal risk to abundance and diversity of migrating Fraser River sockeye salmon in the area.

Background:

• On November 5, 2009, Canada established the Commission of the Inquiry into the Decline of Sockeye Salmon in the Fraser River (“Cohen Commission”). The report made 75 recommendations, the majority of which focused on Pacific salmon fisheries management, fisheries science, salmon habitat protection, and the implementation of the Wild Salmon Policy.
• Recommendation 19 states: “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.
• Following scientific peer-review through Fisheries and Oceans Canada’ Canadian Science Advisory Secretariat process, each of the risk assessments have concluded that there is a no more than a minimal risk to the abundance and diversity of Fraser River sockeye salmon from exposure to these pathogens from the Atlantic salmon farms in the Discovery Islands area.

The sale of Food, Social and Ceremonial (FSC) catches

• First Nations have an Aboriginal right to fish for FSC purposes and that this right takes priority—after conservation—over other users of the resource.
• The Department’s position is that FSC catches cannot be sold.
• Through the Aboriginal Fishing Strategy, DFO and First Nations seek to negotiate mutually acceptable FSC fisheries agreements.
• These agreements contain provisions related to amounts that may be fished for FSC purposes, species, gear, area, and other factors for the co-operative management of the FSC fishery.
• During this pandemic, these fisheries are particularly important to address the challenge of food security for those communities who have few alternative food sources.

Background

• The 1990 Sparrow Supreme Court of Canada decision was the first of several rulings finding that First Nations have an Aboriginal right to fish for FSC purposes and that this right takes priority—after conservation—over other users of the resource.
• DFO introduced the Aboriginal Fisheries Strategy (AFS) to provide a framework for managing Indigenous fisheries in a manner consistent with the Sparrow decision. Through the AFS, DFO and First Nations seek to negotiate mutually acceptable and time-limited fisheries agreements. These agreements contain provisions related to amounts that may be fished for FSC purposes, species, gear, area, and other factors for the co-operative management of the FSC fishery.
• Food security continues to be an issue in First Nation communities. Many Nations continue to stress that FSC allocations often do not meet their food security needs.
• Food security concerns have been heightened during the Covid-19 crisis, particularly for those communities who are isolated and have few alternatives for protein, and for Elders and at risk populations.
• FSC licences are developed following consultations with affected Indigenous groups and conditions of the licence are based on specific considerations present within each Indigenous community.

Indigenous moderate livelihood fisheries

• I am deeply concerned for the health and safety of all individuals given what is currently taking place in Nova Scotia.
• We share the concerns of Canadians across the country when we say that we unequivocally condemn these acts in the strongest terms and that the threats, violence, and racism have to stop.
• A lasting resolution can only be concluded if it is rooted in the recognition of treaty rights as well as respectful dialogue between everyone involved in the fishery.
• We recognize the Treaty right to harvest in pursuit of a moderate livelihood as affirmed by the Supreme Court of Canada and DFO has been working with First Nations to advance this right including at current negotiation tables to implement the right in communities across the Atlantic and Quebec.
• We remain committed to reconciliation and we need to continue to have meaningful conversations; that is why I have appointed a Special Representative to foster dialogue between Indigenous and non-Indigenous harvesters.

Background

• Non-Indigenous stakeholders have expressed concerns over conservation, requests to be included at the negotiation table with First Nations, and calls for enforcement action against what they deem to be “illegal” fishing. Tensions have escalated significantly and have led to acts of vandalism, trap removal, and intimidation and bullying of Indigenous harvesters.
• Progress has been made and benefits achieved, especially with the signing of two Rights Reconciliation Agreements (RRAs), however the pace of these negotiations has been criticized by the First Nations and some communities have begun developing and implementing moderate livelihood fish plans.
• Through the Marshall Response Initiative, the Atlantic Integrated Commercial Fisheries Initiative, and more recently, through the RRA process, DFO is working with Mi’kmaq and Maliseet First Nations as well as the Peskotomuhkati Nation at Skutik, to implement the right to fish in pursuit of a moderate livelihood.
• The right of Indigenous peoples in Atlantic Canada and the Gaspé region of Quebec to fish in pursuit of a Moderate Livelihood has been a significant issue since the Marshall decision in 1999. With the assistance of DFO programming, First Nations have gone from very limited participation in the commercial fishery in 1999, to the value of landings and earnings from band owned fisheries-related businesses, totaling over $170M per year and employing 1700 indigenous people in 2019.

Mandate 25% by 2025

• Together with the Minister of Environment and Climate Change, I am committed to introducing a plan to conserve 25 per cent of Canada’s oceans by 2025.
  
• This plan will be grounded in science, Indigenous knowledge and local perspectives.
  
• Working with provinces, territories, and Indigenous peoples through the marine spatial planning process to share knowledge and carefully plan the location of new marine conservation sites will be key to meeting this commitment.

Background:

• Your mandate letter from the Prime Minister commits you to work with the Minister of Environment and Climate Change on an ambitious plan to conserve 25 per cent of Canada’s oceans by 2025, working towards 30 per cent by 2030. This commitment was reaffirmed in the Speech from the Throne on September 23, 2020.
• In August 2019, the Tuvaijuittuq Marine Protected Area was designated under the Oceans Act. Canada now conserves 13.81 per cent of its oceans (up from 0.89 per cent in 2016) and has met the United Nations Convention on Biological Diversity (UN CBD) current target of 10 per cent protection by 2020.
• In April 2019, Canada announced protection standards for all future federal Marine Protected Areas and marine Other Effective Area-based Conservation Measures (OECMs), including marine refuges. These standards prohibit oil and gas, mining, dumping, and bottom trawling in all new federal MPAs and provide for a flexible case-by-case risk-based approach to human activities in OECMs.
  
• At the upcoming 15th Conference of the Parties (COP15) of the United Nations Convention on Biological Diversity (postponed due to the Covid-19, date TBD), Parties will negotiate and adopt a new post-2020 Global Biodiversity Framework. The Framework is expected to include a new set of ambitious biodiversity targets to replace the current 20 Aichi targets (2011-2020) to guide global biodiversity conservation and sustainable use efforts towards 2030 and beyond to 2050.
• [Information was severed in accordance with the Access to Information Act.]

Eastern Shore Islands

• The Eastern Shore Islands Area of Interest encompasses exceptional coastal habitats that are home to a diverse array of marine species.
• I remain committed to a broad and inclusive process focused on the conservation of this remarkable area.
• Our next steps will be to meet with commercial fishers and other community members on the Eastern Shore, discuss, and carefully consider their priorities for the area.
• We are committed to continuing our work with local communities to effectively conserve this unique place for those who live and make their living there.

Background:

• The Eastern Shore Islands Area of Interest was identified as a potential Oceans Act Marine Protected Area (MPA) in February 2018. The area could contribute approximately 0.03% towards the mandate commitment of 25% protection of Canada’s oceans by 2025.
• The Department has been working with stakeholders, First Nations, and the Province of Nova Scotia through bilateral engagement since 2017, and through an Advisory Committee since 2018.
• In 2019, Minister Wilkinson met with stakeholders in East Ship Harbour and Halifax, Nova Scotia, to discuss community concerns. During this visit, the Minister committed to the appointment of an independent community liaison to engage with stakeholders and community members in the area.
• To date, there have been mixed views from local residents about a potential MPA. While certain factions of the community have expressed positive interest for the potential MPA, there is also considerable opposition, which has made it difficult for supporters to speak publicly about their views.
• Residents of the area are mainly concerned about impacts to the fishing industry, particularly lobster. An ecological risk assessment on lobster fishing, conducted in the winter of 2019, showed that this activity would be fully compatible with a future MPA. The full draft ecological risk assessment, currently awaiting external review, shows that most fixed gear fisheries now occurring in the Eastern Shore Islands area would be compatible with a future MPA. An MPA in this area would also be subject to the federal MPA protection standard that prohibits oil and gas activity, mining, dumping, and commercial and recreational bottom trawling.

North Atlantic right whale

• With less than 400 remaining, the Government of Canada continues to take action to protect the endangered North Atlantic right whale. To date, there have been no Right whale deaths or entanglements reported in Canadian waters for 2020.
• On November 17-18, 2020, Fisheries and Oceans Canada held the North Atlantic Right Whale Roundtable Meeting with indigenous groups, the fishing industry, provinces, and marine mammal experts.
• The Roundtable and other discussions with harvesters play an important role in the preparation of Canada’s measures to protect right whales and to support sustainable fisheries for 2021 and beyond.
• Our adaptive measures for protecting right whales are world-class, and the Department acknowledges the hard work and cooperation of Canadian harvesters.

Background:

• In February, new management measures to protect North Atlantic right whales were announced for 2020 and beyond. These include temporary area closures to fisheries triggered by single whale detections in the Gulf of St. Lawrence, Roseway and Grand Manan Basin, as well as the rest of the bay of Fundy.
• In 2020, additional measures were introduced that included new season-long closure protocol in the Gulf of St. Lawrence to provide enhanced protection for the North Atlantic right whale by closing areas where whales are repeatedly detected.
• In the fall of 2020, the United States National Oceanographic and Atmospheric Administration (NOAA) recently reduced their preliminary right whale population estimate from over 400 to 366 as of January, 2019.
• On November 17-19, 2020 the Department hosted the annual North Atlantic right whale Roundtable with harvesters and experts in Atlantic Canada and Quebec on the outcomes of 2020 and planning for 2021 and beyond.

Pacific Salmon (general)

• The protection of wild Pacific salmon stocks is a priority for our Government, especially given the complex challenges facing the species, including climate change.
• The Department sympathizes with the many Indigenous and rural communities impacted by the limited salmon harvesting opportunities over recent years.
• Many key Pacific salmon stocks are declining to historic lows, due to a combination of factors, including climate change and warming waters, habitat degradation, changes in land and water use, and other pressures.
• Over 50 Chinook and Sockeye designated units (DUs) from Southern BC, a majority of which migrate the Fraser River, are currently being considered for potential listing under the Species at Risk Act, or are pending assessment as a potential species at risk by COSEWIC. 
• Not all Pacific salmon are equally resilient to climate and habitat changes. Our ability to provide advice on salmon vulnerability to these changes will help ensure our fisheries management, salmon recovery work, and habitat restoration actions are aligned to support future salmon production and biodiversity.   
• We are open to exploring all practical solutions and are committed to working with First Nations, the Province of British Columbia and Yukon Territory, and stakeholders to protect declining Pacific salmon stocks.
• This is key for leveraging DFO’s science and program capacity in effective and innovative ways, as part of a longer term strategy for addressing declining Pacific salmon stocks.

Background:

• The 2019 State of the Salmon report highlighted that many Pacific Salmon are negatively affected at every stage by: climate change and warming waters; habitat degradation, changes in land and water use, and contaminants; acute one-time events (toxic spills and landslides); illegal and unregulated fishing, and international fishing pressures.   
• In 2019 and 2020, there were limited returns in many Pacific salmon fisheries, that resulted in substantial reductions in fishing opportunities. Commercial fishing opportunities were particularly poor, causing many in the province’s fishing industry to seek emergency relief.
• The 2019 fishing season was the worst on record and saw salmon commercial landed value at roughly 25% of the previous 4 year average.  All areas were impacted but areas B, E and H were most restricted with no (or virtually no) catch.  Many vessels elected not to take part in the fishery.
• First Nations’ FSC fisheries and their share of the commercial fisheries were also significantly reduced in 2019 and 2020, with both seeing reductions of about 68%.  Several First Nations wrote to the BC and Federal governments calling for a state of emergency.
• The 2018 Fall Economic Statement reiterated the Government’s commitment to the sustainability of wild Pacific salmon, and made two key announcements: 1) to support stock assessment and rebuilding efforts for priority Pacific salmon stocks, including $107.4 million over five years, starting in 2019–20, and $17.6 million per year ongoing, to support the implementation of stock assessment and rebuilding provisions in a renewed Fisheries Act for priority fish stocks across Canada, including priority Pacific salmon stocks; and, 2) $105 million over six years, starting in 2018–19, to create a British Columbia Salmon Restoration and Innovation Fund (BCSRIF), which includes a contribution to the Pacific Salmon Endowment fund of $5 million in 2018–19.
• The federal-provincial joint BC Salmon Restoration and Innovation Fund (BCSRIF) was officially launched on March 15, 2019. The total fund amounts to $142.85 million over five years: $100 million from Canada and $42.85 million from B.C. The fund is now open to proposals from Indigenous groups, conservation groups, commercial organizations in the wild fisheries and industry sectors, recreational fisheries, as well as non-commercial organizations such as universities and academia, industry associations and research institutions,  to ensure the fish and seafood sector in BC is positioned for long-term environmental and economic sustainability.

Big Bar landslide (general)

• The tri-government response implemented to address the Big Bar landslide is an integral part of ongoing efforts to address the obstruction.
• Peter Kiewit Sons ULC fulfilled their contractual obligations for rock removal during the 2019/20 winter construction window. Additional work is required to construct a long term solution to achieve natural fish passage.
• Actions completed this year supported fish passage until, low water flows allowed salmon to migrating past the slide site without further assistance.
• Emergency enhancement for the purpose of conserving at-risk upper Fraser salmon stocks are in place, thanks to the support from Indigenous groups, academics and other experts. Monitoring efforts are ongoing to understand fish movement, the impacts of the remaining slide debris on migration, and the results of the alternative assisted fish passage systems.
• Plans and designs are well underway for a permanent engineering solution that will restore natural fish passage at the site. It is important that efforts continue, as required, on this critical initiative until sustainable passage for Pacific salmon is re-established.

Background:

• The government-to-government-to-government (G3) response implemented at the beginning of the initial incident response phase remains an integral part of the planning, operations and decision-making process.
  
• Peter Kiewit Sons ULC was the successful bidder for the major winter work at the Big Bar Landslide which began in early January 2020.
  
• The G3 Government team and technical experts have implemented conservation enhancement plans for at risk salmon stocks, and monitoring plans that are expected to continue throughout most of the fish migration period.
  
• Continued sustained efforts will be required both in the short and long-term, possibly even into years ahead, to reduce the impact of the landslide on future Fraser salmon stocks.
  

Big Bar landslide expenditures and planned spending

• Our government has invested significant funds to address the Big Bar Landslide.
• Federal expenditures alone totalled $60 million dollars for work completed up until October 2020.
• We will continue to make work with provincial counterparts in advancing this critical initiative. We must and we will take all steps necessary to reduce the impact of this landslide on future salmon stocks.
• Continued sustained efforts will be required both in the short and long-term, possibly even into years ahead, to reduce the impact of the landslide on future salmon stocks.
• On December 31st of 2019, Peter Kiewit Sons ULC (Kiewit) was awarded the contract to complete the winter construction work at the Big Bar Site. This contract was awarded through a competitive process.
• The initial value was $17.6 million. Kiewit successfully met the objectives for that scope of work, which included gaining access to the site to clear debris, blasting boulders and widening the river channel.
• Kiewit has achieved marked success, contending with formidable weather and the difficulty of working on, in and next to a major river. They have gained intimate knowledge of the site and a sound understanding of the river flows.
• Given the remoteness of the site and the inclement weather (e.g. high winds), site safety and temporary fish passage was paramount. Change requests were approved to ensure site stabilization (e.g. slope protection, rock stabilizing and road maintenance).
• These required changes in scope resulted in $50M in approved change orders.
• Kiewit has and continues to deliver the additional work requested, within the budget provided to them.
• Plans and designs are well underway for a permanent engineering solutions that will restore natural fish passage at the site.

Chinook salmon

• At risk Fraser River Chinook salmon stocks face a number of significant challenges. Their road to recovery requires a long-term view and close collaboration with First Nations, the Province, and stakeholders.
  
• Significant management measures introduced in 2019 to protect Chinook salmon were difficult, but necessary, and the decision was made to continue and strengthen these conservation measures for 2020-21.
  
• These measures included delaying commercial troll fisheries; closures and Chinook non-retention for recreational fisheries; and restricted opportunities for First Nations Food, Social, and Ceremonial fisheries.
  
• Conservation-based fisheries management measures will continue to be required in future years given the poor status of the stocks.
  
• My Department has established a Chinook engagement process to work with First Nations, the province of British Columbia (BC), and stakeholders to address the many threats these salmon face.

Background:

• All but one of 16 Southern BC Chinook runs have been designated as endangered, threatened, or of special concern by the Committee on the Status of Endangered Wildlife in Canada and under consideration for listing under the federal Species at Risk Act.
• Management measures for Chinook were developed following consultation with Indigenous groups, recreational and commercial fishing organizations, and environmental organizations. These measures are one component of a larger strategy for the sustainability of at risk Pacific salmon populations.
• A range of conservation measures were implemented for First Nations, recreational and commercial fisheries beginning in 2019 to support conservation and measures continue to be required for 2020. These measures will be reviewed as part of post-season reviews with First Nations and stakeholders and results may inform whether to make adjustments to these measures in 2021.
• A continued decline would also irrevocably harm species like the Southern Resident killer whales that depend on the survival of Chinook salmon.

Petition to ban gill nets

• In determining the type of gear that can be used by harvesters, the Department takes conservation objectives into consideration.
  
• In 2019, the Department implemented substantial new fishery closures in Southern British Columbia (BC) salmon fisheries to protect migrating Steelhead and prevent their by-catch during other salmon fisheries.
• These measures included a 42 day closure for all commercial nets, including gill nets, and a 27 day closure for First Nations Food, Social, and Ceremonial fisheries, including gill nets, within the Fraser River.
• These decisions were taken as a precautionary approach given uncertain information, and were informed by consultation with all interested parties.

Background:

• Gill nets are the most widely used and implemented salmon harvesting tool on the Fraser River by both First Nations and commercial harvesters.
• Salmon stocks of concern and sturgeon are incidentally encountered in gill nets targeting more abundant species. While these stocks of concern are required to be released back into the water, post-release mortalities are typically higher than other gear types (e.g., beach seine, fish wheel, and hook and line).
• There are measures in place to improve post-release survival rates of non-target species. Commercial gill net vessels are required to have operating revival boxes and short soak times which improve the survival of non-target fish. Other methods used for First Nations fisheries require the harvester to remain at the nets to provide effective and expeditious release on non-target species. Despite these measures, release mortalities from gill net gear remain higher than other more selective gear types.
• Fisheries and Oceans Canada has supported harvesters in their efforts to move to more selective gears with funding also available to support this transition (e.g., BC Salmon Restoration and Innovation Fund). However, regulatory constraints for gears used by commercial gill net harvesters and higher labour and capital costs for many of the more selective gears (e.g., beach seine, traps, and fish wheels) has limited widespread adoption among First Nations.
• Additionally, transition to other gear types is not currently well supported by Fraser River First Nations, as more selective gear types cannot be broadly used in all sections of the river (and individual First Nations’ communities are limited to fishing within specific areas).

Recreational fishery and chinook hatchery

• The Department releases marked chinook salmon that have been raised in hatcheries as a means to provide increased fishing opportunities.
• These marked fish are also coded wired tagged to providing stock-specific information about abundance, distribution, and survival of wild and hatchery Chinook stocks. This stock assessment information is needed to properly manage fisheries for both wild and hatchery Chinook stocks.
  
• DFO has received requests to design fisheries which target marked hatchery fish. These request must be evaluated to assess the potential for negative impacts on wild stocks we are working to protect.
• We will be consulting further with First Nations, and other interest groups on the potential expansion of mark selective fisheries extensive (mass) marking of hatchery production.

Background:

• The Department has not authorized a broad expansion of MSFs due to several concerns. MSFs are expected to increase fishing effort and increase release mortalities for unmarked, wild Chinook, including endangered Fraser River Chinook for which there are significant conservation concerns. This is because approximately 20 per cent of released wild Chinook are not expected to survive.
• In times and areas where the encounter rates of marked Chinook in the fishery are not well above 20 per cent, additional mortality of wild fish can be expected from release mortality if anglers handle more fish to keep a hatchery fish. The Department has recreational catch data, including encounters of marked and unmarked Chinook rates by month and statistical area, that is used to assess this.
  
• In Canada, adipose fin clipped (or marked) hatchery fish carry coded-wire tags used to support stock assessment. Retaining only hatchery marked fish in MSF could compromise this information for wild stocks and require re-design and additional investments in stock assessments.

Socio-economic impact of chinook salmon closures

• The Department recognizes that the impacts of chinook salmon closures are significant. The limited salmon returns in 2019 led to the worst fishing season on record and affected all harvesting sectors. The Department also recognizes that many communities faced similar challenges again in 2020
• Stronger conservation measures for Fraser River Chinook for the 2020 season were developed following consultation with Indigenous communities, recreational and commercial fishing organizations, and environmental organization.
• The 2020 measures are one component of a larger strategy intended to place declining Pacific salmon populations on a path towards sustainability.
• Total salmon commercial landed value was approximately one quarter the value of the previous 4 year average. First Nation’s Food, Social and Ceremonial (FSC) Fisheries for salmon as well as commercial catches were significantly reduced. Recreational fisheries also experienced a reduction in effort and expenditures.
• In March 2019, the Department along with the Province of British Columbia, launched the 5 year, $142.85 million BC Salmon Restoration and Innovation Fund.

Background:

• More than 175 First Nations in BC are annually licenced to fish pacific salmon for FSC purposes. Indigenous fishers also represent a significant portion of the commercial salmon fishery.
• Commercial fisheries support more than 2,400 full-time jobs in harvesting and processing (2016).   Overall, there is an average of just over 1,700 licensed vessels in the Pacific commercial salmon fleets.  It is estimated that, on average, the BC commercial salmon industry has an average total landed value coast-wide, of $69M, 78% of which comes from areas that are highly impacted by the Big Bar landslide.
• Tidal recreational fishery in BC, which is driven to a large degree by salmon angling effort, is responsible for approximately 4,100 jobs and almost $190M in household income annually generated through the tidal and freshwater salmon recreational fisheries.  Total freshwater recreational fishing expenditures are also focused largely on Pacific Salmon, and total approximately $484M/annually.  
• COVID-19 related travel restrictions and changes in market demand, in addition to fishery management measures for 2020, is increasing uncertainty, lowering commercial revenue, and reducing participation and expenditures of domestic and foreign anglers, all of which is combining to create even more negative economic impacts in BC communities.
• The joint federal-provincial BCSRIF was officially launched on March 15, 2019. The total fund amounts to $142.85 million over five years: $100 million from Canada and $42.85 million from B.C. The fund is now open to proposals from Indigenous groups, conservation groups, commercial organizations in the wild fisheries and industry sectors, recreational fisheries, as well as non-commercial organizations such as universities and academia, industry associations and research institutions.
• DFO has also been reducing effort in BC’s commercial troll fishery through a Voluntary License Retirement Program (VLRP).

Access to the recreational fishery in British Columbia

• The government acknowledges the challenges being faced by all Pacific Salmon fishery participants, including recreational anglers, to protect at-risk Fraser River Chinook stocks. Fishery management measures for Fraser Chinook to limit fishery mortalities to very low levels are necessary while longer term recovery actions are implemented.
  
• Conservation-based fisheries management measures will continue to be required in future years given the poor status of the stocks. Conservation is our highest priority and requires a precautionary approach to managing these stocks given the risk of extinction. However, we continue to explore opportunities for sustainable fishery opportunities where possible.
  
• The Department provided opportunities for recreational harvest in areas where Fraser Chinook stocks of concern could be avoided and also in areas and at times where other stocks and species of concern would not be impacted.
  
• We are also carefully considering requests for mass marking of hatchery origin Chinook and mark selective fishery opportunities. Further consultations are planned to seek input on benefits and costs of these approaches to inform further decisions.
  

Background:

• Recreational anglers have raised a number of concerns about the management of the Pacific Salmon fishery, particularly Chinook salmon.
  
• Fraser River Chinook are a serious conservation concern. Twelve of the 13 Fraser River Chinook populations assessed by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) are at-risk with 7 endangered; 4 threatened; 1 special concern and only 1 is not at risk. These at-risk stocks are experiencing low productivity and further fishery mortalities will contribute to further declines. Catches to date since April 2020 at the Albion Chinook test fishery are the lowest on record for this time period. Given the current low productivity and low numbers of at-risk Chinook, highly precautionary management measures are designed to achieve very low fishery mortalities to limit further declines of these populations and allow most fish to reach spawning areas. These populations will be considered for potential listing under the Species at Risk Act (SARA). In the event, that one or more of these population is listed under SARA, there will be formal requirements to develop recovery strategies for listed populations.
  
• Fishery management measures in 2019 and 2020 included delaying commercial troll fisheries; closures and Chinook non-retention for recreational fisheries; and restricted opportunities for First Nations Food, Social and Ceremonial fisheries. In addition to measures that were developed specifically to protect weak chinook stocks, further measures were required in the Fraser River in order to protect sockeye migrating up the river, resulting in constraints on recreational chinook fisheries in the river even when abundant chinook stocks were present. Where conservation goals cannot be met, recreational fisheries for all salmon will be closed. Where abundance is sufficient to meet conservation goals but insufficient to address First Nations’ needs, recreational access will be restricted to selective fishing only with non-retention of Chinook and/or Coho salmon as appropriate. Where abundance is greater, directed recreational fisheries will be permitted, however, the recreational limits for these fisheries will be determined by relative abundance.
  
• The Department is currently reviewing information to support decision-making on whether to expand the use of fishery regulations that permit retention of hatchery-origin marked Chinook (Mark Selective Fisheries) and/or increased mass-marking of hatchery Chinook production. There are a number of issues to consider, and work is underway to develop the required information to support decision-making on the use of mass marking and/or Mark Selective Fisheries (MSF) in Canada.

Southern resident killer whale

• Our Government is committed to the protection and recovery of the iconic Southern Resident killer whales.
• In recent years, the Government has taken significant steps to address key threats to their survival.
• This May we introduced measures focused on increasing prey availability and reducing physical and acoustic disturbance, building on our efforts last year.
• These measures were informed by discussions with Indigenous groups, environmental and industry stakeholders, and the B.C. and U.S. governments, as well as input from the public.
• Canada will continue to work with key partners and stakeholders to protect this iconic species.

Background:

• The mandate letter to Minister Jordan emphasised a number of key points relevant to Southern Resident killer whale recovery. These include: protecting our coastline and marine species at-risk as and the use of good scientific evidence and traditional Indigenous knowledge when making decisions affecting ecosystem management.
• The Southern Resident Killer Whale population is at 74 individuals as of October 2020 with the birth of two calves this year according to the Center for Whale Research.
• The SRKW population is considered to be at risk because of its small population size, low reproductive rate, and the existence of a variety of anthropogenic threats that have the potential to prevent recovery or to cause further declines.

US Navy incidental take authorization

• The protection and recovery of the Southern Resident killer whale is a priority of the Government of Canada.
• The U.S. National Oceanic and Atmospheric Administration (NOAA) led the review of the proposal and worked with the U.S. Navy to mitigate potential impacts on marine mammals.
• My department is engaged with NOAA on this matter to ensure a common understanding of the planned activities and we have expressed the need to continue our efforts to mitigate potential impacts to marine species and their habitat.
• We will continue to work closely with our U.S. partners on actions we can each take to protect the Southern Resident killer whale. 

Background:

• NOAA Fisheries has issued seven-year regulations under the Marine Mammal Protection Act to govern the incidental take of marine mammals by the U.S. Navy’s training and testing activities from November 2020 to November 2027.
• The regulations could affect 28 species of marine mammals, including the Southern Resident Killer Whale, and the final rule authorizes the potential serious injury or mortality of up to three large whales from vessel strikes over the seven years.
• NOAA worked with the Navy to help mitigate impact on marine mammals and the final decision will be published in the Federal Register on November 12.
• DFO is engaged with NOAA to discuss the final rule in greater detail as well as to keep NOAA informed of exercises and training activities planned by the Canadian Navy, which also have the potential to disturb marine mammals including the SRKW.

TMX (Regulatory review)

• Through application of the Fisheries Act and Species at Risk Act, we are working with Trans Mountain Corporation and Indigenous groups to ensure that fish, marine mammals and their habitats are protected.
• DFO issued a Fisheries Act authorization for the expansion of the Westridge Marine Terminal in September 2019 and an amended authorization for this work in January 2020 and is continuously monitoring construction.
• In British Columbia, DFO has issued Fisheries Act authorizations for four watercourse crossings and is currently consulting with Indigenous groups on an application for a crossing of the Coldwater River.
• For the West Alternative Route, two additional crossings of the Coldwater River are proposed. DFO will review these crossings only if it is determined that a Fisheries Act authorization would be required.
• In Alberta, we anticipate receiving an application for a Fisheries Act authorization to cover 11 watercourse crossings in Athabasca Rainbow Trout critical habitat.

Background:

• DFO has regulatory responsibilities under the Fisheries Act and Species at Risk Act for the protection of fish and fish habitat, including marine mammals. In collaboration with the proponent (Trans Mountain Corporation) and the Canada Energy Regulator (CER), we are delivering regulatory review services for pipeline watercourse crossings. This will continue throughout the construction of the project.
• On October 9, 2020, Trans Mountain Corporation submitted its variance application for the West Alternative Route to the CER. This application includes two trenchless crossings of the Coldwater River. DFO confirmed that should there be a hearing, our Memorandum of Understanding with the CER on regulating energy infrastructure would apply. As a result, DFO would not engage in the hearing and would only participate if it is determined that a Fisheries Act authorization would be required.
• The Governor in Council approved the project on June 18, 2019. The Government is working with Indigenous communities to advance the development and implementation of accommodation measures and to action the 16 recommendations made by the CER related to the effects of marine shipping.

TMX (Westridge marine terminal monitoring)

• The protection of aquatic ecosystems is a priority for DFO and we work closely with Trans Mountain Corporation on regulatory matters in relation to the Fisheries Act authorization for the marine terminal.
• DFO issued a Fisheries Act authorization for the expansion of the Westridge Marine Terminal in September 2019 and an amended authorization for this work in January 2020.
• Trans Mountain Corporation has put in place mitigation measures that currently allow them to impact pile drive within the underwater noise thresholds specified in the authorization to avoid impacts to fish.
• DFO has determined that the use of an acoustic seal deterrent to keep Harbour Seals more than 150 meters away during impact pile driving is consistent with the conditions of the authorization.
• My department is committed to effectively monitoring construction at the Westridge Marine Terminal, and is working collaboratively with the Indigenous Advisory and Monitoring Committee.

Background:

• Fish mortality events occurred on November 28 and December 11, 2019, resulting in the death of approximately 16 Pacific herring in the first event and approximately 200-300 Pacific herring during the second event. These fish likely died from exposure to elevated sound pressure levels during impact pile driving. [Information was severed in accordance with the Access to Information Act.]
• On April 7, 2020, Trans Mountain Corporation installed an underwater acoustic deterrent system to deter fish from pile driving activities. Since the deterrent has been installed there have been no further reports of fish mortality at the terminal.
• Increased Harbour Seal activity at the marine terminal resulted in construction delays as the Fisheries Act authorization requires impact pile driving to cease when Harbour Seals are within 150 metres. DFO determined that the use of an acoustic seal deterrent would be consistent with the conditions of the authorization.
• DFO conducts regular monitoring calls with Trans Mountain Corporation and Indigenous monitors of the Indigenous Advisory and Monitoring Committee to review monitoring reports and noise data to verify compliance with the Fisheries Act authorization. In-person site visits are also conducted when deemed safe to do so during the pandemic.

TMX (Southern resident killer whale)

• Our government is committed to the protection of Canada’s resident killer whales and to the recovery of these populations.
• In its review of the TMX project, the Canada Energy Regulator found that there would be significant adverse environmental effects related to increases in marine shipping on the Southern Resident killer whale.
• The Canada Energy Regulator recommended the Government of Canada develop a program to offset the additional underwater noise and strike risk caused by project-related marine shipping.
• The Government is currently implementing multiple initiatives in a comprehensive plan of action intended to offset the impacts of project-related shipping to the Southern Resident killer whale.
• Implementation of the recommendations from the Canada Energy Regulator includes the modelling and monitoring used to support this work.

Background:

• In its review of the project, the National Energy Board, now the Canada Energy Regulator (CER), found that there would be significant adverse environmental effects related to increases in marine shipping with respect to the Southern Resident killer whale, Indigenous cultural use associated with the Southern Resident killer whale, and direct greenhouse gas emissions from marine vessels.
• CER made 16 recommendations to the Governor in Council to avoid, mitigate or lessen effects of project-related marine shipping. The Regulator made these recommendations citing that they do not have regulatory authority over marine shipping and the proponent does not have control of the vessels calling at the Westridge Marine Terminal.
• In Recommendation 5, the Regulator recommends that a program be implemented to offset the additional underwater noise and strike risk created by project-related marine vessels. The CER concluded that the offset approach could bring the significant adverse effects finding on the Southern Resident killer whale to a finding of non-significant if and when project-related shipping effects have been effectively reduced to net-zero in each section of the shipping route. The Government has committed to implement this recommendation.

Striped bass

• DFO is committed to ensuring the Striped bass fishery is sustainable for future generations and management decisions are based on science.
• DFOs research shows that Striped bass prey on Atlantic salmon, however, salmon does not comprise the majority of the Striped bass diet.
• DFO is investing in science and engaging with provinces, Indigenous communities, recreational fishers, and other stakeholders to support initiatives for the Striped bass fishery.

Background:

• The Atlantic Salmon Federation continues to express concerns that Striped bass predation on Atlantic salmon smolts is hindering the recovery of Atlantic salmon, and are interested in ways to increase the allocation of Striped bass fisheries.
• Striped Bass is a native species to the Miramichi river system and have co-existed and co-evolved alongside wild Atlantic salmon since the last ice age. But they tend to prefer different habitats and generally overlap only during limited time-periods (such as late May and early June when Striped bass spawn at the head of tide and salmon smolt are migrating downstream to the ocean).
• A complex predator-prey relationship exists between Striped bass and Atlantic salmon, which is not fully understood. A recent study estimated that between 1.9 to 17.5% of smolts leaving the Miramichi River may have been consumed by Striped bass. That said, only a very small percentage (1-5%) of Atlantic salmon smolts ever return to their natal rivers, pointing to at-sea mortality as a determining factor in the abundance of adult Atlantic salmon.
• In general, returns of adult Atlantic salmon follow similar abundance patterns across the entire species’ range – a range in which Striped bass do not occur in the majority of salmon rivers. Given that numbers of salmon returning to their natal rivers follow the same pattern whether or not Striped bass are present suggests that the survival of Atlantic salmon is driven by limiting factors experienced while they are in the marine environment. This reinforces that Striped bass predation is not the determining factor in the abundance of returning adult Atlantic salmon.
• DFO continues to work with partners to better understand the major driving forces behind Atlantic Salmon decline, including the impacts of climate change and at sea mortality.

Wild Atlantic salmon (general)

• DFO is very concerned about the declining population trends in Wild Atlantic Salmon and continues to take action to promote the recovery of this iconic species.
• DFO will continue to engage with our partners and invest in projects to restore habitat and improve fish passageways to help salmon struggling to survive in the face of habitat degradation and the impacts of climate change.
• DFO is committed to working with provinces, Indigenous communities, recreational fishers, and other stakeholders to support initiatives that will promote the recovery of Atlantic salmon stocks.

Background:

• Wild Atlantic salmon is a cold water species and is vulnerable to warming waters in Atlantic Canada caused by climate change. Domestically, DFO shares the responsibility for their management in freshwater with the Provinces, and the management approach differs depending on the arrangements.
• On June 25, 2020, the Atlantic Salmon Federation released its State of the State of Wild Atlantic Salmon Report, which indicates returns to North America in 2019 were among the lowest in a 49-year data series, and called for more inter-governmental coordination and collaboration with stakeholders.
• A commercial moratorium across all of Eastern Canada has been in place since 2000. Currently, wild Atlantic salmon are harvested in limited Indigenous food, social and ceremonial (FSC) fisheries, and inland recreational fisheries are supported in some areas where healthier populations exist.
• In June 2016, DFO released its Forward Plan for Atlantic Salmon, in response to the report of the Ministerial Advisory Committee on Atlantic Salmon; and, announced the revised Wild Atlantic Salmon Conservation Policy and Implementation Plan, in March 2017 and May 2019, respectively. The Implementation Plan outlines the actions DFO and partners will take to help restore and maintain healthy wild Atlantic salmon populations.
• On May 27, 2019, four new research projects under the Atlantic Salmon Research Joint Venture were announced for research projects at Dalhousie University, Acadia University, University of New Brunswick, and with the Atlantic Salmon Federation, to study ocean tracking, locations and causes of at-sea mortality, the impact of climate change on fitness and survival, and predation and competition.