Other issues

Ahousaht (Five Nuu-chah-nulth) First Nations

• The Government of Canada is working collaboratively with the five Nuu-chah-nulth First Nations to advance reconciliation in the areas of collaborative governance, increased fishing access and a community fishery that builds on their right to fish and sell fish.
• An Incremental Reconciliation Agreement for Fisheries Resources was concluded on September 10, 2019. Currently negotiations are underway towards collaboratively developing a comprehensive reconciliation agreement for fisheries resources.
• DFO consulted with the Five Nations and others on their second right-based multi-species fishery management plan for 2020-21 which came into effect in April 2020.

Background

• In its decision dated November 3, 2009, the Supreme Court of British Columbia (BCSC) found that the Plaintiffs, five Nuu-chah-nulth First Nations on the West Coast of Vancouver Island, have a right to fish and sell fish (excluding geoduck) within their court-defined fishing territories [which extend offshore 9 miles].
• The Five Nuu-chah-nulth First Nations are: Ahousaht, Ehattesaht, Hesquiaht, Mowachaht/Muchalaht and Tla-o-qui-aht. They have an interest to create economic fisheries that work for First Nations and coastal communities.
• Canada signed the Incremental Reconciliation Agreement for Fisheries Resources in September 2019 to provide additional access, flexibility and capacity to support participation by members of the Five Nations in the establishment of a community fishery that respects their way of life and their Aboriginal rights.
• In March 2019, DFO issued the 2019-20 Five Nations Multi-Species Fishery Management Plan (FMP) for salmon, groundfish, crab and prawn in accordance with the November 1, 2018 court order issued the BCSC; the Five Nations challenged aspects of this Plan through a new civil claim with the BCSC.
• The 2020-21 Multi-species FMP is now in place and right-based sale fisheries have been initiated.
• Canada and the Five Nations are currently meeting on a regular basis to negotiate a comprehensive reconciliation agreement for fisheries resources that includes but is not limited to increasing fishery access and collaborative governance.

Banked licences

• Available banked licences have been issued to Indigenous communities that have signed a Rights Reconciliation Agreement.
• These banked licences are not new; they have not been active since the early-to-mid-2000s when they were purchased through various Indigenous programs such as the Marshall Response Initiative.
• The banked licences represent a small fraction to the overall commercial fishery and do not pose a conservation concern.
• This is an important step in moving forward in the spirit of respect and reconciliation.

Background

• Industry have raised a number of issues regarding the banked licences (e.g. not be consulted, potential for conservation concerns) and the department continues to meet with the fishing industry to discuss their concerns and answer any questions that they may have regarding the banked licences.
• After signing a Rights Reconciliation Agreement back in August 2019, Elsipogtog and Esgenoôpetitj became eligible to receive a portion of the banked licences. Elsipogtog received a portion of lobster licences in Lobster Fishing Area (LFA) 25 prior to the lobster season starting in August. Esgenoôpetitj indicated that they could not fish the LFA 25 licences they were offered as they were not given enough time to prepare for the fishery and that they would prefer to fish in LFA 23.
• Two separate exercises were undertaken in May 2019 and February 2020 to gauge interest and obtain input on how the banked licences should be distributed with First Nations. Depending upon the group or community, views varied greatly and when the decision was communicated in July 2020 on how the banked licences were to be distributed, depending upon their position, the decision was either welcomed or criticized.

Reconciliation with Indigenous Peoples

• Fisheries, oceans, aquatic habitat, and marine waterways are economically, socially, and culturally vital for Indigenous peoples.
• The sustainable use of the fishery resource, the protection of fish and fish habitat, the conservation and management of our oceans, and the safety of those on the water are priorities for my department—priorities held in common with Indigenous peoples in Canada.
• My department is committed to working in partnership with Indigenous peoples not only to advance these shared priorities, but to advance reconciliation through strengthening Indigenous-Crown relationships, recognizing and respecting Indigenous rights and self-determination, improving service delivery and reducing unacceptable socio-economic gaps.
• I am fully committed to implementing the Treaty right to fish in pursuit of a moderate livelihood as it is critical to the work of reconciliation and is a top priority of mine, my department and the Government of Canada.
• All Canadians have a stake in advancing reconciliation across Canada. My department is dedicated to working with all concerned to move forward on reconciliation and we will stay this course.

Background

• Fisheries and Oceans Canada (DFO) has longstanding and complex relationships with Indigenous peoples and, as such, has a key role in advancing the reconciliation agenda. Like the rest of the Government of Canada, DFO is working to transform the colonial relationship with Indigenous peoples to one that recognizes and respects Indigenous rights and interests.
• Through policies, programs, treaty tools, and reconciliation agreements, DFO strives to maintain strong relationships by managing fisheries, oceans, aquatic habitat, and marine waterways in a manner that respects Indigenous rights and interests, meets legal obligations, and reconciles Indigenous rights and interests with the interests of all harvesters.
• The DFO-Canadian Coast Guard Reconciliation Strategy was publicly released on September 6, 2019. It is an evergreen internal guidance document intended to promote greater reconciliation literacy within the Department, hold the Department accountable for reconciliation results and actions, and enable collaboration with Indigenous peoples.

United Nations Declaration on the Rights of Indigenous Peoples

• Fisheries, oceans, aquatic habitat, and marine waterways are economically, socially, and culturally vital for Indigenous peoples.
• First Nation, Inuit, and Métis peoples have unique rights that are recognized and protected by section 35 of the Constitution Act, 1982, and we are committed to supporting the exercise of those rights in fisheries, oceans, aquatic habitat, and marine waterways.
• Our government has committed to tabling legislation to implement the United Nations Declaration on the Rights of Indigenous Peoples by the end of 2020.
• My department continues to work with Indigenous peoples to advance relationships, agreements and arrangements that are based on the recognition of rights and that foster collaborative approaches to governance, decision-making, and operations.
•  As with reconciliation, all of us will need to work together to implement and breathe life into the United Nations Declaration in Canada.

Background

• The Government of Canada committed to introduce legislation co-developed with Indigenous peoples to implement the United Nations (UN) Declaration by the end of 2020.
• Your mandate letter includes several commitments (e.g., blue economy strategy, co-management of oceans, marine conservation targets, new aquaculture legislation, management of aquatic ecosystems and fish stocks) that reference the inclusion of Indigenous peoples and Indigenous Knowledge in the management of fisheries, oceans, and freshwater resources.
• Fisheries and Oceans Canada (DFO)-Canadian Coast Guard’s Reconciliation Strategy, released on the DFO website on September 6, 2019, commits the Department to recognizing and implementing Indigenous and treaty rights in fisheries, oceans, aquatic habitat, and marine waterways in a manner consistent with, among other things, the UN Declaration.

Blue Economy Strategy

• Our government has placed significant emphasis and made large investments in the oceans over our last mandate, including the Oceans Protection Plan.
• I have been mandated by the Prime Minister to lead the development of a blue economy strategy in collaboration with Ministers Garneau, Bains, Joly, and O’Regan.
• Prior to the COVID-19 pandemic, global economic activity tied to oceans was expected to double to over C$4 trillion by 2030, and Canada is lagging behind in fully leveraging our blue economy.
• The strategy will help create good middle class jobs and opportunities for coastal communities, while advancing our conservation objectives.

Background:

• The last Canadian oceans strategy was published in 2002 and does not reflect a modern vision for Canada’s oceans ambitions.
• You have been mandated by the Prime Minister to lead the development of a comprehensive Blue Economy Strategy (BES) that will outline Canada’s vision for our ocean-related sectors and help guide future government actions and investments that enable long-term sustainable growth.
• The BES was highlighted in the September 23, 2020 Speech from the Throne under the third foundation of the Government’s approach, “building back better.”
• The Government will engage with provinces and territories, Indigenous peoples, and business and other stakeholders in the development of the strategy.
• Recognizing the importance of ocean health to value creation, a BES will advance a holistic view of oceans that aligns economic and environmental goals.

Cabot Head Lighthouse closure

• Cabot Head Lighthouse property is currently closed.
• A decision to open or keep the site closed for the next summer season will be made upon further analysis and discussions with both, the non-profit group who has operated the site, the Friends of Cabot Head, as well as the Indigenous peoples who showed interest in possible ownership of the site.
• The non-profit group asked that the Department fix the access road. The road is on private land and would require expensive repairs to the shoreline.
• The 1.3 million dollars spent on the site over the last two years was directed toward environmental remediation under the Federal Contaminated Site Action Plan and is not directly linked to any ongoing plans for tourism of the site.

Background:

• The Cabot Head Road, as well as the buildings, have been deteriorating over the years and neither the municipality nor federal government has allocated funding for repairs.
• The property is no longer required for departmental operations but transferring it out of federal inventory is challenging due to potential implications of ongoing Indigenous claim negotiations.
• The sub-leasing party, the Friends Of Cabot Head, has been taking good care of this tourist attraction and educational center.
• Over the last two years, the site has been closed to visitors while the environmental remediation was in progress.
• The environmental cleanup was part of the Federal Government’s overarching goal to clean 95% of contaminated sites by 2034-35.

Illegal Unreported and Unregulated (IUU) fishing

• My department is committed to having a leading role in the fight against Illegal, Unregulated and Unreported fishing, which is so devastating to ecosystems and economies around the world.
• Through the G7 Healthy Oceans Initiative, Canada has committed nearly $12 million to a variety of projects.
• Canada, in coordination with US partners is engaged in regular monitoring, control and surveillance efforts of the high seas North Pacific, to ensure salmon are protected during their migration.
• This includes resources to assess new surveillance technologies, improve information sharing, and build capacity to combat IUU fishing in the developing world.
• Canada’s ratification of the Port State Measures Agreement is a demonstration of our commitment to target IUU fishing.

Background:

• IUU fishing is estimated to account for up to 30% of fish landings worldwide and remove as much as $30 B from the world’s economy annually. It is increasingly linked to crimes of convergence such as drug trafficking and human slavery.
• Canada’s economy (75,000 jobs in the primary fishing and aquaculture sector) and natural resources (especially straddling and highly migratory fish stocks) are put at serious risk by IUU fishing.
• Under the G7 Healthy Oceans initiative, Fisheries and Oceans Canada launched a number of projects to assess new technologies to detect vessels, monitor sensitive areas, and improve transparency and information exchange about fishing activities.
• Canada is active in capacity building with developing countries to improve their abilities to monitor fishing activities in and near their domestic waters.
• Canada ratified the Port State Measures Agreement in 2019, which has as its objective, preventing IUU fishing vessels from landing their catches in the ports of member states.

Proposed inshore regulations

• Work is ongoing to enshrine elements of the Inshore policies into regulation and develop new measures to ensure licence holders remain in control of the licence’s rights and privileges.
• The proposed regulations were well received during their publication in the Canada Gazette, Part I last July and final publication is expected in the next few weeks.
• It is important to protect the independence of owner-operators to promote viable and profitable operations for the average fishing enterprise.

Background:

• Fisheries and Oceans Canada (DFO) has a suite of policies pertaining to the inshore and coastal fisheries in Atlantic Canada and Quebec. These policies promote ongoing, profitable operations for the average fishing enterprise. Their purpose is to keep licences and their associated benefits in the hands of owner-operators.
• Inshore harvesters, fleets, and industry associations have expressed concerns that licence holders’ interests are being compromised by the proliferation of agreements – including financing and loans – with fish processors, buyers and other third parties. These third parties are not eligible for inshore licences themselves, yet gain access to the fisheries resource and associate activities, including benefiting from proceeds from those activities.
• The proposed amendments would protect the independence of commercial inshore and coastal licence holders by addressing two main issues: 1) Ensuring that the Minister’s licensing decisions are not undermined; and 2) Conformity challenges associated with the current policy regime.
• Following the Canada Gazette, Part I 30 day comment period, revisions were made to the regulatory proposal based on stakeholder feedback, mainly: the scope of the prohibition regarding separation of title from rights and privileges will be broadened to encompass all third parties and family corporations will be allowed to obtain certain rights and privileges conferred by the licence.
• The Regulations should have minimal effect on the licence holders who are already abiding by the inshore fisheries policy rules.
• Final regulations are expected to be published in the next few weeks with a coming into force in two phases to minimize potential impact on family corporations that may need to adjust their structure to comply.

Plastics and ghost gear

• During the 2018 G7 presidency, Canada spearheaded the Charlevoix Blueprint on Healthy Oceans, Seas and Resilient Coastal Communities, as well as the Ocean Plastics Charter, which will help address plastic waste and marine litter around the world.
• My department launched the internationally-recognized Sustainable Fisheries Solutions and Retrieval Support Contribution Program, also known as the “Ghost Gear Fund”, the first dedicated fund of its kind globally.
• This $8.3M fund will help fish harvesters acquire gear technology to reduce gear loss, and take concrete actions to support retrieval and responsible disposal of ghost gear, a major source of ocean-based marine litter.
• My department was also the first federal department to implement a policy to restrict the purchase and use of unnecessary single-use plastics in our operations.
• Our Government will continue to show leadership to address plastic pollution, including through Canada’s ban on harmful single-use plastics, which will help protect the environment from harmful plastics, including in our rivers, lakes, and oceans.

Background:

• The 2019 mandate letter includes direction to “Implement the Ocean Plastics Charter and the G7 Charlevoix Blueprint for Healthy Oceans, Seas and Resilient Coastal Communities.” These commitments support a sustainable and collaborative approach to managing plastics domestically and with the international community.
• The Sustainable Fisheries Solutions and Retrieval Support Contribution Program (Ghost Gear Fund) will support 26 projects over two years (2020-2022). The Ghost Gear Fund supports projects to:
• retrieve or dispose of ghost gear;
• invest in innovative gear technology; and,
• encourage international leadership.
• In 2019 and in 2020, newly applied license conditions for reporting lost and retrieved gear were established to help understand the scope of the ghost gear issue in Canada and to better inform methods that could be applied in the future. Requirements for the 2019 season required commercial harvesters to report lost and retrieved gear as part of their conditions of license. For the 2020 fishing season, the measures were expanded to all commercial fisheries.
• As a part of the national effort to implement the objectives of the Ocean Plastics Charter, the Canadian Council of Ministers of the Environment approved, in principle, the Canada-wide Strategy on Zero Plastic Waste which aims to nationally reduce plastic waste and pollution and recover the value of plastic.

Seafood traceability

• Under the leadership of the Minister of Heath, our government is committed to developing a boat-to-plate traceability program.
• To support this initiative, my department is working closely with the Canadian Food Inspection Agency to develop options that could help Canadian fishers better market their high-quality products.
• A priority for my department is to support the Canadian fishing industry in meeting traceability requirements that give access to important international markets.

Background:

• Minister Jordan’s mandate letter includes the commitment to “support the Minister of Health who is the Minister responsible for the Canadian Food Inspection Agency in developing a boat-to-plate traceability program to help Canadian fishers to better market their high-quality products.”
• Close collaboration between relevant federal partners, along with provinces/territories and the industry will be required in order to deliver on this commitment. Fisheries and Oceans Canada (DFO) has expressed that when developing the boat-to-plate traceability program, potential traceability, and/or labelling requirements to maintain and expand access to key international markets should be considered.
• DFO has put in place a Catch Certification Program to support domestic industry in meeting international traceability requirements. This program was created in response to the European Union’s Illegal, unreported and unregulated fishing Regulation and has evolved to provide certification for Canadian products exported to multiple international markets.
• It is anticipated that the Canadian industry, with support from DFO, will need to continue to respond to these and other access requirements going forward. For example, starting in 2022, in order to maintain U.S. market access, Canada and other nations will be required to meet U.S. standards to minimize marine mammal bycatch during commercial fishing and aquaculture operations. Certification and full supply-chain traceability will be key to demonstrating compliance with this standard and maintaining U.S. market access.

Support for fish harvesters

• The Fish Harvester Benefit and Grant Program has delivered financial support to self-employed harvesters across the country who have been facing hardships brought on by the economic impact of COVID 19.
• This specialty program was initiated to address the needs of harvesters who could not access other federal government assistance programs.
• The Program provided eligible indigenous and non-indigenous fish harvesters with financial support, while also positioning the sector for a strong recovery in the long-term.
• Applications to the Program closed on Oct. 19, 2020, following two extension periods.
• M0re than 15,000 self-employed harvesters—and their families—across the country have received support to help them weather the economic pressures brought on by this global pandemic.

Background:

• Self-employed fish harvesters were able to apply for financial relief through the Fish Harvester Benefit and Grant Program between August 24 to October 19. This program was delivered by ESDC on behalf of DFO.
• The Fish Harvester Benefit provides income support to self-employed fish harvesters and sharepersons, up to a maximum individual benefit of $10,164.
• Eligible applicants are to receive 75 percent of their estimated income losses above the minimal loss threshold of 25 percent loss when compared to their best fishing year of 2018 or 2019.
• The Fish Harvester Grant provided non-repayable financial support to fish harvesters (licence holders) up to $10,000 to help cover costs of running a fishing business.
• While originally scheduled to be a 4-week application period, 4 additional weeks were added to the application period to ensure all eligible harvesters had adequate time to apply to the program.

West Coast licencing review

• Since releasing the Government Response to the Standing Committee on Fisheries and Oceans’ report, “West Coast Fisheries: Sharing Risks and Benefits” earlier this year, my department has continued work to analyze the issues outlined in the report.
• My department is working to engage key stakeholders in British Columbia to identify priority fisheries management and licencing concerns.
• To inform the ongoing West Coast Licensing Review, Fisheries and Oceans Canada (DFO) has contracted a comparative analysis of Atlantic and Pacific commercial fishing policies and regulations, and initiated a review of its existing foreign ownership restrictions.

Background:

• Pacific region is engaged in an ongoing review of its fisheries management policies. Key issues subject to internal policy analysis include licensing transparency, beneficial interest, and socio-economic data collection. The region’s stakeholder engagement plan was initially scheduled for the spring of 2020, but was delayed due to the COVID-19 pandemic. DFO is continuing its internal review of key issues and is working on a renewed engagement plan.
• DFO has contracted a comparative analysis of Atlantic and Pacific commercial fishing policies in response to the recommendations of the Standing Committee of Fisheries and Oceans (FOPO). The analysis is expected to provide DFO with a more robust understanding of the impacts of any potential policy solutions.
• In June 2020, the Department approved a review of DFO’s foreign ownership policies to understand the extent of foreign control of Canadian fisheries, the implications of this control, and recommend potential amendments to the policies; the data for which is not readily available.
• The FOPO report, entitled “West Coast Fisheries: Sharing Risks and Benefits”, was re-tabled in the House of Commons on March 11, 2020. The report included 20 recommendations that called for significant changes to the current fisheries management and licensing regime. The Committee’s recommendations raised a number of complex policy and legal issues, and any initiative to implement them would require extensive consultation with stakeholders.