House of Commons Consideration in Committee of the Whole of the Department of Fisheries and Oceans 2022-23 Main Estimates
House of Commons May 30, 2022

Background

Budget 2022 was presented by the Deputy Prime Minister and Minister of Finance on April 7, 2022.

• Oceans Protection Plan: $2 billion over nine years, $78.7 million in remaining amortization, and $136.4 million per year ongoing, including other government departments, to renew and expand this initiative. DFO-specific funding consists of $1.1 billion over nine years, $28.1 million in remaining amortization, with $74.5 million ongoing. These measures will help ensure that Indigenous and coastal communities, industry, investors, and all Canadians can have confidence in our marine safety system. Our economy will keep growing while our environment is protected.
• Great Lakes Fishery Commission: $44.9 million over five years and $9 million ongoing, to Fisheries and Oceans Canada to allow Canada to meet its commitments and financial obligations under its bilateral agreement with the U.S.. A Prime Ministerial Machinery of Government decision on whether responsibility for the Commission will remain with DFO or be shifted to Global Affairs Canada is outstanding at this time. This funding will help coordinate Canada-U.S. invasive sea lamprey control activities, manage fisheries, and conduct scientific research in the Great Lakes.
• Zero Plastic Waste Initiative: $183.1 million over five years, including other government departments, to reduce plastic waste and increase plastic circularity. DFO specific funding consists of $41.1 million over five years, starting in 2022-23 to reduce plastic pollution through data collection, gear reporting system enhancements, a regulatory review, promotion of sustainable gear and practices, and improved waste and plastic management at federal sites, including $10.0 million in 2022-23 for the Ghost Gear Program to continue retrieval activities and testing of fishing gear to reduce gear loss.

Background

• In 2016, the government announced the Oceans Protection Plan (OPP) to protect Canada’s coasts and waterways and enable their safe and responsible commercial use. Under the Plan, the government has improved monitoring of marine traffic across Canada and restored the health of over 60 aquatic habitats nationally. Today, marine traffic continues to increase in support of Canada’s growing economy, and the federal government is taking additional steps to strengthen marine safety, protect marine ecosystems, and create stronger partnerships with Indigenous and coastal communities.
• The renewal of the OPP builds on the series of historic investments in marine safety and environmental protection made under the previous Plan ($1.5 billion over five years), and will contribute to the Government’s priority of growing a strong, resilient, and sustainable ocean-based economy that will benefit all Canadians. As risks associated with marine traffic and impacts to marine ecosystems are evolving, strengthening and expanding the implementation of OPP further across the country is required to ensure Canada’s marine safety and environmental protection system is able to withstand disruption and adapt to evolving changes to the sector.
• In June and July of 2021, the Government of Canada launched virtual consultations as part of our commitment to involve Indigenous peoples and other marine stakeholders in shaping the next phase of the Oceans Protection Plan.
• Critical investments for DFO and CCG include: $1.1 billion over 9 years, starting in 2022-23, 74.5 million in remaining amortization, and $74.5 million ongoing.
• Benefits to Canadians
  • Since the Oceans Protection Plan was launched in 2016, the COVID-19 pandemic and climate change have impacted our economy, our marine environment, and the resiliency of our supply chain. Indigenous communities are applying their traditional knowledge and input to shape the protection of our waters more than ever before. The marine industry has evolved, applying new digital and automated solutions to their operations. To mitigate the environmental impacts that Canada’s economic recovery may have on our coasts and waterways, the Oceans Protection Plan must also evolve.
  • The next phase of the Oceans Protection Plan does just that. It builds on the results of the past five years and adds additional areas of focus, including expanding emergency prevention and response for all types of goods, ensuring healthy and resilient supply chains, safe navigation of large and small vessels, and increasing protections on remote routes.

Background

Investments in Science include:

• $83.3 million over 9 years, $0.5 million in remaining amortization, and $4 million ongoing for Modern Hydrography (CHS): Advancing Arctic Surveying & Charting; and Indigenous/Community-based Hydrographic Data Collection
• $24.8 million over five years, $0.5 million in remaining amortization for the assessment and monitoring of physical and acoustic (noise) effects on marine mammals from major marine development projects, including the continued delivery of Trans Mountain Expansion Project Recommendations 5-6
• $51.8 million over 5 years for Ocean Networks Canada – Oceanographic Radar and Hydrophone
• $42.3 million over five years, plus $8.3 million per year ongoing for Integrated Marine Response Planning.
• $41.7 million over five years for DFO Environmental Response Science.
• $3.1 million over 5 years for Hazardous and Noxious Substances
• $1.2 million over 5 years for Reducing the Threat of Vessel Traffic on Whales and Other Marine Mammals through Detection and Avoidance
• Benefits to Canadians
  • Since the Oceans Protection Plan was launched in 2016, the COVID-19 pandemic and climate change have impacted our economy, our marine environment, and the resiliency of our supply chain. Indigenous communities are applying their traditional knowledge and input to shape the protection of our waters more than ever before. The marine industry has evolved, applying new digital and automated solutions to their operations. To mitigate the environmental impacts that Canada’s economic recovery may have on our coasts and waterways, the Oceans Protection Plan must also evolve.
  • The next phase of the Oceans Protection Plan does just that. It builds on the results of the past five years and adds additional areas of focus, including expanding emergency prevention and response for all types of goods, ensuring healthy and resilient supply chains, safe navigation of large and small vessels, and increasing protections on remote routes.

Background

• The Main Estimates list the resources required by individual departments and agencies for the upcoming fiscal year in order to deliver the programs for which they are responsible. Main Estimates are used to seek Parliamentary authority for spending.
• Due to timing, it is not always possible to include items announced in the Government’s federal budget. Additional funding stemming from the upcoming Budget would therefore be sought through Supplementary Estimates later in the fiscal year.
• These Main Estimates were tabled on March 2, 2022 with the Interim Supply bill receiving Royal Assent on March 31. The remaining voted authorities will be received once Full Supply is granted in June.

Background

• The year-over-year change in planned spending for Indigenous programs is attributable to planned funding profile changes for the Department’s RAP and TRM, which facilitate the transfer of funds to Indigenous groups pursuant to fisheries reconciliation agreements and Treaty-related measures.

• DFO has entered into fisheries reconciliation agreements or TRMs with the following First Nations or First Nation organizations to date: La Premiere Nation Wolastoqiyik, Wahsipekuk, Epekwitk Assembly of Councils Inc, Mawiw Council Inc,  Mi'gmawe'l Tplu'taqnn Incorporated, Kwilmu'kw Maw-Klusuaqn, Wolastoqey Nation, Listiguj First Nation, Innu of Labrador, Ha'oom Fisheries Society; Tŝilhqot’in National Government; Heiltsuk, and Coastal First Nations (Haida, Gitzaala, Metlakatla, Gitga’at, Kitasoo/Xai’xais, Heiltsuk, Nuxalk, and Wuikinuxv First Nations).

• Due to delays in complex Rights Reconciliation Agreement (RRA) negotiations as well as project delays caused by COVID-19, $598 million of funding for the RAP and TRM programs was reprofiled from 2020-21 to 2021-22.

• For the same reasons, $103 million was reprofiled from 2021-22 to 2022-23 under the Annual Reference Level Update (ARLU) process.The final amount to be requested for reprofile to 2022-23 will be confirmed in June 2022, as per standard financial timelines. 
• Payments to Indigenous groups under the RAP and TRM programs have totalled $303 million in 2021-22 to date, in support of fisheries access, vessels, and gear, collaborative governance, and implementation, of which over $290 million has represented one-time payments.
• The most significant reconciliation funding agreements concluded in 2021-22 were with the Coastal First Nations (comprised of Haida, Gitzaala, Metlakatla, Gitga’at, Kitasoo/Xai’xais, Heiltsuk, Nuxalk, and Wuikinuxv First Nations) and Listiguj First Nation (financial data for individual agreements is confidential). Other new reconciliation funding agreements were in respect of smaller amounts related to agreement implementation.

Background

• The Pacific Salmon Strategy Initiative (PSSI) aims to stem historic declines in key Pacific salmon stocks and rebuild the species to a sustainable level where possible. DFO’s response to these declines will involve a series of distinct measures, phased in over the next five years and beyond. Given the lengthy (4-year average) reproductive cycle of Pacific salmon, indicators of success will take several years to measure – as many as 15 or more.
• Under the PSSI Conservation and Stewardship pillar, DFO plans to improve our understanding of salmon ecosystems by enabling salmon and ecosystem status reporting to support decision-making and prioritize departmental actions. It will also create a team of cross-disciplinary experts to better analyze climate scenarios.
• DFO will also be developing new monitoring frameworks to integrate salmon, ecosystem and climate data to identify drivers of salmon survival, assess their vulnerability to climate change and support decision-making. These are areas with significant opportunity for collaboration and partnerships with BC.
• The Habitat Restoration Centre of Expertise will complement the existing programming and partnerships DFO has with various stakeholders to provide enhanced technical expertise to support stewardship groups undertaking salmon restoration work.
• DFO has several initiatives currently underway to address declining Pacific salmon stocks: the Wild Salmon Policy 2018-2022 Implementation Plan, Coastal Restoration Fund, BC Salmon Restoration and Innovation Fund, Salmon Allocation Policy review, implementation funding for the renewed Pacific Salmon Treaty, and the renewed Fisheries Act. The PSSI is expected to build upon these initiatives and transform the harvest sector for greater economic certainty, and support the many BC communities whose jobs and way of life rely on them. In particular, BCSRIF and Salmon Allocation Policy will be coming under the banner of PSSI.
• One of the important tools that DFO has to support conservation and rebuilding of salmon is hatcheries. DFO currently has 23 major hatchery facilities and spawning channels, which are supported by a number of community based hatcheries. A science based approach to hatchery management allows them to be an effective tool to support salmon stock that are in decline.

Background

• Canada’s marine conservation targets aim to address increasing human and climatic pressures on our oceans, including degradation of ecosystems, nature and biodiversity loss, and climate change. Increasing the conservation of marine and coastal areas through nature-based solutions such as MPAs and OECMs can address these challenges, and support the health of our oceans by protecting Canada’s diverse marine and coastal species, habitats, and ecosystems.
• On July 22, 2021, the Government of Canada announced a historic investment in marine conservation, providing DFO, ECCC, PCA, NRCan, CIRNAC, and TC with $976.8 million in funding over five years to protect 25 per cent of Canada’s oceans by 2025.
• To reach the 2025 target, progress will be advanced on:
• New site establishment: Advance work to establish new MPAs and OECMs to meet the 25 per cent target by 2025.
• Effective site management: Manage existing MPAs and OECMs to ensure they are effective in achieving their conservation objectives.
• Collaboration: Building upon and sustaining meaningful partnership with provincial, territorial, and Inuit and Indigenous governments, industry and local communities, to advance effective ocean planning and conservation activities.
• Advance marine spatial planning (MSP): Advance marine conservation within the broader context of MSP and Canada’s Blue Economy Strategy, to help enable ambitious marine conservation objectives while also allowing for sustainable growth in our ocean sectors as part of the development of a resilient blue economy.
• International Advocacy: Continue to take a leadership role along with like-minded countries to advocate for conserving 30 per cent of the world’s ocean by 2030.
• On December 16, 2021, the Minister of Fisheries, Oceans and the Canadian Coast Guard was directed in her mandate letter to continue to work with the Minister of Environment and Climate Change and partners to ensure Canada meets its goals to conserve 25 per cent of Canada’s ocean by 2025, and 30 per cent by 2030, working to halt and reverse nature loss by 2030 in Canada, achieve a full recovery for nature by 2050, and champion this goal internationally. This work will remain grounded in science, Indigenous knowledge, and local perspectives.
• Canada currently conserves almost 14 per cent of marine and coastal areas, including 14 MPAs established by DFO under the Oceans Act and 59 marine refuges, which qualify as OECMs. Additional Areas of Interest are being pursued for Oceans Act MPA designation (e.g., Offshore Pacific, Eastern Shore Islands, Fundian Channel-Browns Bank, St. Lawrence Estuary, and Southampton Island).

Background

• On May14,2020, the Prime Minister announced the creation of the FHBG Program, which launched its first phase in August 2020. The Program is currently working to complete phase-two processing. The deadline for phase-two applications was October 31, 2021. The FHBG Program is presently completing the processing of applications and appeals, and final payments to applicants and appellants is expected in the summer 2022.
• The Program supports self-employed fish harvesters and self-employed crew affected by COVID-19. It fills a programmatic gap in the Government of Canada’s COVID-19 strategy by providing COVID relief benefits to self-employed individuals who would not otherwise be eligible for COVID support. It is delivered in partnership by DFO, Employment and Social Development Canada (ESDC), and with the CRA.
• Payments from the FHBG Program are taxable and must be declared on harvesters’ income tax returns.
• The FHBG Program is delivered in two-phases:
• Phase One (2020) involved the issuance of: 1) one-time grant payments to provide emergency business expense support to address the non-deferrable business costs of self-employed fish harvesters; and 2) the first part of the benefit payment (60 per cent) to provide income assistance to eligible self-employed fish harvesters and self-employed crew.
• Phase Two (2021) involves confirming that the applicant-attested information provided in phase one aligns with CRA data. A phase-two application was required by all applicants who received payment in phase one. If eligible, and with the successful submission of the phase two application, the Program issues the second part of the benefit payment (the remaining 40 per cent).
• The benefit payment covers up to 75 per cent of income losses beyond a 25 per cent threshold for the 2020 tax year when compared to 2018 or 2019. The maximum benefit is $10,164.
• In the opening weeks of round two in August 2021, applicants experienced lengthy telephone wait times in trying to connect with a Service Canada call centre agent. Service Canada responded quickly to provide additional call centre support, and wait times were reduced dramatically.
• The first installment of the benefit payment was promptly issued to applicants based on their attestations to the program respecting their status, income, and expected COVID-related losses. That information was subsequently reviewed against CRA data filed by the applicants when that information became available prior to the launch of phase two.
• Some recipients of the first benefit payment had initially indicated that they were self-employed crew. However, CRA tax data indicated that some of those recipients were wage-earning employees, and therefore not eligible for the program. Individuals in this situation were issued overpayment letters. Recipients of those phase-one overpayment letters had a right of appeal. The deadline for those appeals was October 15, 2021.

Background

• Developing a comprehensive Blue Economy Strategy (BES) is a key mandate commitment for the Minister of Fisheries, Oceans and the Canadian Coast Guard.
• On December 16, 2022 the Prime Minister mandated the Minister to “Continue working with business, academic institutions, non-profits, provincial and territorial governments, and Indigenous partners to grow Canada’s ocean and freshwater economy and support the long-term sustainable growth of Canada’s fish and seafood sector, ensuring Canada is positioned to succeed in the fast-growing global ocean sectors of the blue economy and advancing reconciliation, conservation and climate objectives.”
• The BES public engagement process was officially launched on February 8, 2021 and ended on June 15, 2021. Over a span of 158 days, engagement occurred with provincial, territorial and Indigenous partners and a wide range of Canadians involved in ocean industries, environmental and social justice initiatives, academia, science, and research and development through a series of virtual roundtables and meetings with the previous Minister of Fisheries, Oceans, and the Canadian Coast Guard, the Parliamentary Secretary, and senior departmental officials. All Canadians were also encouraged to share their feedback by answering online survey questions or by submitting written input.
• The response to the blue economy engagement activities was extensive. A ‘What We Heard’ report summarizing the input received was compiled and released on March 11, 2022.
• Work continues on the development of the Strategy and the implementation of this important commitment.
• The World Bank defines the blue economy as, “the sustainable use of ocean resources for economic growth, improved livelihoods and jobs, and ocean ecosystem health.”
• The blue economy includes a diverse range of oceans-based sectors (e.g., commercial fisheries, aquaculture, marine transportation, offshore-oil and gas, shipbuilding, port and harbour infrastructure, and tourism) that generate economic and social benefits for individuals, communities, and coastal nations around the world.
• The global blue economy prior to COVID-19 was rapidly expanding and creating significant opportunities for growth. As per a 2016 report by the Organization for Economic Cooperation and Development (OECD), global economic activities tied to the oceans was projected to double to over CAD $4 trillion by 2030. The blue economy has the potential to outperform the global economy as a whole, both in terms of value added and employment.
• Canada’s ocean-based sectors contributed approximately CAD $36.1B annually (1.6 per cent of national GDP in 2018) and are a source of nearly 300,000 jobs (1.6 per cent of national employment in 2018).
• With key assets such as: the longest coastline in the world; access to three oceans; diverse and highly-valued oceans resources; leading oceans research; and, marine conservation efforts, Canada is well-positioned to capitalize on the opportunities afforded by the growing blue economy.
• As the Government refocuses its agenda post-COVID-19, a forward-looking BES will set a vision for our ocean-related sectors and help guide future actions and investments to enable long-term sustainable growth, especially for coastal communities. The strategy will also advance our ocean conservation objectives, reconciliation with Indigenous peoples and climate objectives.
• In addition, the strategy will consider how to restore and safeguard our ocean health and how climate change is impacting oceans.
• A key tenet of the blue economy is that long-term value creation is directly linked to our ability to restore and rejuvenate ocean health, and that better stewardship of our oceans is essential to sustainable growth, and resilient and thriving coastal communities.
• A healthy ocean is critical for sustainable growth in the ocean economy and requires strong commitments to ocean preservation; improvements to the environmental performance of ocean sectors through innovation, technological development, and enhanced resource management; and, recognition that climate change and the health of the world’s oceans are inextricably linked.
• Internationally – in 2018, Canada, Kenya, and Japan co-hosted the Sustainable Blue Economy Conference in Nairobi. In December 2020, the High Level Panel for a Sustainable Ocean Economy, of which the Prime Minister is a member, released their centerpiece report which committed countries to develop Sustainable Ocean Plans. The BES will achieve this international commitment for Canada.

Background

• The Minister of Fisheries, Oceans and the Canadian Coast Guard’s mandate letter was published December 16, 2021. It included a commitment to support sustainable, stable, prosperous fisheries through the continued implementation of the modernized Fisheries Act. The modernized Act restores lost protections, rebuilds fish populations, and incorporates modern safeguards so that fish and fish habitats are protected for future generations and Canada’s fisheries can continue to grow the economy and sustain coastal communities.
• To support ongoing implementation of the modernized Fisheries Act, important engagement activities continue into their third year with Indigenous groups, partners, stakeholders, and the public on development of policies, frameworks, instruments, and guidance. These include:
• a proposed regulation that would streamline the approval process for prescribed classes of works and waters to enhance regulatory efficiency while improving protection of fish and fish habitat;
• a framework for the establishment of Ecologically Significant Areas which, if implemented through regulation, would provide long-term protection and conservation for key areas of fish and fish habitat that are sensitive, highly productive, rare, or unique;
• an update of the position statement explaining how the Department would interpret the prohibition in the Act against causing the death of fish by means other than fishing; and
• a position statement explaining how the Department would interpret the fish and fish habitat protection provisions with respect to existing facilities and structures.
• Additional future rounds of engagement will be undertaken on implementation of the fish and fish habitat protection provisions of the Fisheries Act, including: the Department’s approach to engagement, consideration of cumulative effects in decision making, and additional codes of practice aimed at avoiding impacts to fish and fish habitat.
• Amendments to modernize the Fisheries Act entered into effect in phases. On June 21, 2019, most of the changes became law. On August 28, 2019, the fish and fish habitat protection provisions entered into effect. On May 4, 2022, the Fish Stocks provisions entered into effect.  The amended Fisheries Act:
• strengthens the role of Indigenous peoples in project reviews, monitoring, and policy development as part of early steps to advance reconciliation;
• recognizes that decisions can be guided by principles of sustainability, precaution, and ecosystem management;
• promotes restoration of degraded habitat and rebuilding of depleted fish stocks;
• introduces requirements to maintain major stocks prescribed by regulation at sustainable levels and develop and implement rebuilding plans for depleted major stocks;
• allows for the better management of large and small projects impacting fish and fish habitat through a new policy and regulatory framework, including codes of practice;
• creates new fisheries management tools to enhance the protection of fish and ecosystems;
• strengthens marine refuges to ensure the long-term protection of biodiversity; and,
• helps ensure that the economic benefits of fishing remain with the licence holders and their community by providing clear ability to enshrine current inshore fisheries policies into regulations.
• In 2018, the Government allocated $284.2 million over five years (2018-19 to 2022-23) to implement the changes to the Fisheries Act. New resources included additional full-time equivalents to support faster review of development projects and renewed science capacity to support decision making, as well as additional fisheries officers for compliance and enforcement.
• Part of this allocation included a new $50 million grants and contributions program also covering the period 2018-19 to 2022-23 that provides for increased participation of Indigenous peoples in the conservation and protection of fish and fish habitat.The Indigenous Habitat Participation Program supports Indigenous participation in consultation on project authorization decisions under the Fisheries Act, participation in the development of policy and regulatory initiatives, and collaborative projects and capacity building for communities.

Background

Impacts of ghost gear

• The term 'ghost gear' refers to any fishing gear that has been abandoned, lost or otherwise discarded (for example nets, line, rope, traps, pots, and floats). Other common terms include abandoned, lost or otherwise discarded fishing gear or ‘ALDFG’ and derelict fishing gear or ‘DFG’. It is a form of marine pollution that can be fatal to fish, marine mammals and other marine life, poses a navigation hazard, and may break down into other forms of pollution such as microplastics.
• The UN food and agriculture organization (FAO) estimates that ghost gear represents approximately 10 percent of marine debris by volume. There is growing international attention on the problem of ghost gear, as well as other forms of marine litter. For example, the FAO has recognized ghost gear as a major global problem since the 1980s. The 1995 FAO code of conduct for responsible fisheries and related technical guidelines include advice to minimize ghost gear and the responsibility to recover lost gear.
• Ghost fishing gear can cause large-scale damage to marine ecosystems through habitat disturbance and causes direct harm to the welfare and conservation of marine animals via entanglement and/or ingestion.

Canadian context

• The Canadian code of conduct for responsible fishing operations includes an expectation (guideline 2.8) for fish harvesters to ‘make every effort to retrieve lost fishing gear, reporting all lost gear’. The department collaborates with conservation groups and partners to rescue sea life that has been entangled by sea-based marine debris, and with the fishing industry to retrieve gear on an ad hoc basis. The Ghost Gear Program allows for a dedicated program to tackle the issue of ghost gear domestically and abroad.
• The current regulatory/licencing regime is prescriptive in terms of types, quantities and identification of fishing gear that a harvester can have on board their vessel and/or fish. Additionally, the location where a harvester can fish is very prescriptive. While these measures were intended to ensure compliance with quotas and allocations, they impede the ability of a harvester to retrieve gear which they are not permitted to use and/or is located in areas they are not authorized to fish. An assessment of DFO legislation is currently underway to ensure that any potential impediments to addressing and reducing ghost gear domestically are identified and addressed.
• Canada has been pushing to strengthen measures in internationally managed fisheries. There is support for this but also recognition that for small island developing states and other developing states that the measures need to also come with increased capacity domestically – both policy, social and operational (e.g. reception centres, reporting, etc).

Background

• The Great Lakes Fishery Commission (GLFC) was established by the 1954 Convention on Great Lakes Fisheries between Canada and the United States of America, with the objective of protecting and sustaining the Great Lakes fishery.
• The 1954 Convention charges the commission with five major duties:
• develop a binational research program aimed at sustaining Great Lakes fish stocks;
• coordinate or conduct research consistent with that program;
• recommend measures to governments that protect and improve the fishery;
• formulate and implement a comprehensive sea lamprey control program; and
• publish or authorize publication of scientific and other information critical to sustaining the fishery.
• The GLFC is made up of eight Commissioners (four each from Canada and the United States [US]) and one US Alternate Commissioner. The GLFC operates under the direction of the Commissioners, and functionally operates independently from government.
• Canada and the US government support the Commission through a cost-sharing arrangement that reflects the distribution of territorial waters and the value of each nation’s fishery. Canada agreed at the inaugural meeting under the 1954 Convention to contribute 31 per cent of funding for the transboundary sea lamprey control work, and 50 per cent of other research and administrative costs (e.g. secretariat/salaries). The US provides the remaining funding.
• In recent years the US government has decided to increase its contributions to the Commission; however, Canadian contributions have remained static. In 2021, Canada’s contribution was $10.6M per year.
• As part of the Budget 2022 process, the Department successfully brought forward a proposal seeking additional incremental funding of $44.9 million over five years and $9 million ongoing for work under the GLFC, to ensure that Canada meets its bilateral treaty requirement with the US - bringing Canada’s contribution up to approximately $19.44M in 2022. This funding will help to augment Canadian sea lamprey control activities, and support the GLFC’s scientific research and binational fisheries management coordination across the Great Lakes.
• In recent years, the GLFC secretariat in Ann Arbor, Michigan, has been lobbying key political stakeholders in the US and Canada, including Members of Parliament (MPs), and US Senators and Representatives, with their request for a portfolio change. Subsequently in April 2021, eighteen MPs wrote to Minister Garneau requesting a change in Canadian leadership for the GLFC from DFO to Global Affairs Canada (GAC).
• A motion was also introduced in June, during the previous session of the House of Commons, requesting an immediate transfer of responsibility for the GLFC to GAC. With the dissolution of the 43rd Parliament on August 15, 2021, all associated Parliamentary business and activity, including motions before the House, lapsed. As a result, Motion-91 is no longer being considered.
• In September, the GLFC followed this up with a letter from one of Canada’s Commissioners to the Prime Minister, Minister Garneau, and Minister Jordan, requesting that the shift in federal responsibility be reflected in the forthcoming ministerial mandate letters. DFO and GAC, with support from the Privy Council Office and the Department of Justice, are assessing the implications of a possible change in federal leadership and fiscal responsibility for the GLFC. The deployment of the sea lamprey control program would presumably remain with DFO, though how it would receive its funding, now and into the future, is less clear. There is complexity to what the GLFC secretariat is proposing, splitting functions and authorities related to the GLFC between two portfolios, and financial risk to the Department with respect to other controlling funding for its substantial Sea Lamprey control Program, and also lack of clarity on what a portfolio change  would accomplish. More practical solutions to relationship and responsibility irritants likely exist, but at the same time much of the irritation at this point seems personality and influence driven.

Background

• In response to the Russian Federation’s illegal invasion of Ukraine, Canada and like-minded NATO and G7 countries have imposed severe and sweeping sanctions against the Putin regime.
• The international community is having to make decisions on how to continue with its wide-ranging international obligations, navigating Russian membership and participation in such organizations. International fisheries and oceans organizations are no exception, e.g. the United Nations, the Food and Agriculture Organization, the Arctic Council, international oceans science bodies and regional fisheries management organizations (RFMOs).
• Canada deplores Russia’s attack on Ukraine, which has had ripple effects and is impacting various aspects DFO’s work, including regional fisheries management and enforcement in both the Atlantic and Pacific spheres, science within RFMOs and other international scientific bodies, Arctic science and marine protection, etc.
• These important multilateral efforts must continue, while balancing the need to limit interactions with Russia and continue to hold it to account within the rules based international order, including the regulations of RFMOs. In line with the Government of Canada’s approach, DFO is coordinating with like-minded parties (e.g. US, EU, UK, France) to ensure that our approaches and actions are aligned in this respect.
• The high seas are international fisheries waters outside of the national jurisdictions of coastal States (Exclusive Economic Zones (EEZs) within the 200 nautical mile limit). All States have the freedom to fish on the high seas, subject to obligations to cooperate in the conservation and management of fisheries resources. RFMOs are the most common mechanism of this international cooperation. RFMOs regulate the rights and responsibilities of their members via their Convention texts and the conservation and management measures adopted by each organization, such as negotiated shares, total allowable catches and quotas, reporting obligations, enforcement mechanisms, etc.
• Founded in 1979, the Northwest Atlantic Fisheries Organization (NAFO) is the RFMO that manages most fishery resources of the Northwest Atlantic except salmon, tunas/marlins, whales, and sedentary species (e.g. crab, lobster). These are primarily groundfish, shrimp and squid stocks. Thirteen Contracting Parties, including Canada, the Russian Federation and Ukraine, have acceded to the NAFO Convention on Cooperation in the Northwest Atlantic Fisheries. While the NAFO Convention Area includes the EEZs of coastal States, including Canada, NAFO only has the authority to regulate the fishing activities in its Regulatory Area on the high seas, where NAFO fishing is permitted to take place.
• Russia fishes within what is called “the NAFO Regulatory Area” (or the NRA). The NRA falls within the high seas, international waters beyond 200 nautical miles from Canada’s coast, outside of our exclusive economic zone (EEZ). Membership to NAFO does not permit Russia or any other party to fish within Canada’s EEZ. Canada does occasional make bilateral agreements with other countries – outside of the NAFO Convention, to allow some fishing inside Canada’s EEZ. The only such example at present, in the Atlantic Ocean, is with France (in respect of Saint Pierre and Miquelon).
• Parties to NAFO, much like parties to any other RFMO, are bound to quotas, shares, enforcement regimes. If Russia were no longer a Party to NAFO (i.e. it was “kicked out”), its vessels would still be able to fish within the NRA – international waters on the high seas, they would simply be doing so without obligation to follow NAFO’s rules, regulation, and enforcement.
• There are currently 19 Russian vessels authorized to fish in the NRA, but only approximately five to six regularly fish in this area, depending on yearly NAFO allocations.
• The President and Chairperson of NAFO is Russian (as of September 2021), but he stepped aside in early March. The United States currently holds the Vice-Chair role and has therefore assumed the role of Chair/President. The role of President and Chair at NAFO, like at other RFMOs, should not be overstated. Authority and decision making at NAFO, as at all RFMOs, lies with members; not with the President/Chair.
• Other RFMOs to which Canada and Russia are both Parties include the North Pacific Fisheries Commission (NPFC), the North Pacific Anadromous Fish Commission (NPAFC), the International Commission for the Conservation of Atlantic Tunas (ICCAT), the North Atlantic Salmon Conservation Organization (NASCO), and the Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR).

Background

• As a science-based department, scientific integrity is essential to the work of Fisheries and Oceans Canada (DFO) and its employees. Scientific integrity is critical to the decision-making process, from the planning and conduct of research to the production of advice and the application of advice to the departmental decision-making processes.
• DFO Science works with a range of partners when undertaking its research. Our researchers collaborate with scientists from other government Departments, universities, other governments, indigenous communities, environmental organizations, as well as members of industry. Collaborators contribute expertise, knowledge, analyses, data, samples, and platforms. Irrespective of the collaborators, Departmental scientists are bound by our code of Values and Ethics and our Science Integrity policy – which reinforces the principles like transparency, scientific excellence, and ensuring high standards of research ethics.
• The results of these projects are published in the scientific literature and the research findings contribute to the broader science knowledge base that supports the development of science advice to inform management decisions. The process for agreement of individual co-authors on the substance of their scientific papers is driven by scientific journals.
• When employees have concerns, they may bring those forward through the established internal processes to be addressed. With respect to the letter regarding from the Professional Institute of the Public Service of Canada wrote on November 25 2021 to the Deputy Minister of Fisheries and Oceans Canada regarding actions that were perceived to undermine scientific excellence in the Newfoundland and Labrador Region, the department is following internal processes by engaging directly with the Professional Institute of the Public Service of Canada.
• This Scientific Integrity Policy was developed in conjunction with the Professional Institute of the Public Service of Canada (PIPSC), based on a model developed jointly with the Office of the Chief Science Advisor and Treasury Board Secretariat. The policy recognizes the importance of high quality science, free from political, commercial and client interference and the importance of this in the decision-making processes utilized by the Department. The policy applies to all who plan, produce, support or utilize science to make well-informed decisions.
• The Canadian Science Advisory Secretariat (CSAS) coordinates the production of peer-reviewed science advice for Fisheries and Oceans Canada (DFO). Science advice is prepared both nationally and through DFO’s regional offices.
• The CSAS process provides a formal, transparent approach for the delivery of science advice to the department’s decision makers. Advice might relate to the state of an ecosystem, the impacts of a human activity, the effectiveness of a mitigation strategy or another subject related to DFO’s mandate.

Background

• DFO science provides information, analysis, and advice on key areas such as sustainable fisheries, species protection and recovery, impacts of aquaculture on ecosystems, environmental and risk assessments, oceans management, safe navigation in Canada’s waterways and science to support emergency response.
• Distribution of Full Time Equivalents (FTEs) are as follows: Pacific (29%), Maritimes (19%), Quebec (12%), Newfoundland (11%), Ontario and Prairie (including Arctic) (12%), National Capital Region (10%), and Gulf (6%).
• G&C funding is provided to recipients of various groups such as Canadian Universities/Colleges, Canadian Research Organizations, Foreign Governments/Universities/organizations, Canadian not-for-profits and Indigenous Groups.

Background

• There are 11 species of pinnipeds in Canada: Walrus, Northern Fur Seal, Northern Sea Lion, California Sea Lion, Hooded Seal, Bearded Seal, Grey Seal, Northern Elephant Seal, Harp Seal, Harbor Seal, and Ringed Seal.
• Many seal and sea lion populations in Canada are recovering from historical harvesting or control programs and have increased substantially in recent decades (e.g., grey, harp and harbour seals).
• DFO manages commercial harvests for harp and grey seals in the Atlantic region.
• Because of their abundance and fish-dominated diets, seals and sea lions are thought by some stakeholders to have caused the decline or impede the recovery of commercially valuable fish species in Canada, particularly Atlantic cod on the East Coast and certain salmon species on the West Coast.
• Though DFO has conducted important scientific research over the last several decades to investigate the potential impacts of seals and sea lions on fish stocks, particularly in the Atlantic, there is still incomplete knowledge of the role of most pinniped species in marine ecosystems. This makes it difficult to fully assess the impact of seals/sea lions on fish populations.
• Estimating the amount of prey consumed by seals requires a number of different types of data that are difficult to obtain given that marine mammals are a wide ranging, diving predator and distributed in remote locations.
• Stakeholders perceive these species to be a threat to commercial fish stocks and are demanding measures to reduce populations.
• DFO scientists continue to do scientific investigation on pinnipeds in a number of regions
• Climate change is expected to impact the population dynamics and distribution of pinnipeds, particularly for seals that require ice for breeding.
• Further scientific investigation is needed to bring about a better understanding of the role of seals and sea lions in a changing marine ecosystem and the impact that they have on fish stocks so that all components of the marine environment can be adequately protected while ensuring healthy fisheries and the economic viability of the fishing industry.
• DFO researchers are participating in an international project with Norwegian scientists which is aimed at comparing Labrador Sea and Barents Sea ecosystems given very different trajectories in fish stocks, despite similarities in the predator and prey species present (e.g., harp seals and cod).

Atlantic

• Harp seals breed on the ice in the Labrador Sea and the Gulf of St. Lawrence and are the most abundant seal species in the Newfoundland region, numbering 7.6 million individuals in 2016. A new survey was conducted in Winter 2022 and a new estimate should be available by 2024.
• Poor ice conditions in recent years may be limiting reproductive success and pup survival of harp seals in the Gulf of St. Lawrence.
• Most harp seal feeding occurs offshore and key prey items include capelin, shrimp, and sandlance. In the inshore areas herring, Arctic cod, and Atlantic cod are also important prey. DFO continues to acquire information on seal diet around Newfoundland, predominantly from inshore areas but including some data from offshore areas.
• DFO research has shown that harp seal predation is not a significant driver of Northern cod abundance in the Newfoundland region.
• Grey seals are present in the waters of Nova Scotia (Scotian Shelf and Bay of Fundy), New Brunswick and Quebec (Gulf of St. Lawrence). Grey seals are also present in the southern part of Newfoundland (3Ps), but their abundance is much lower. The main breeding colony for grey seals is on Sable Island, NS.
• Grey seals have increased exponentially in the latter half of the last century and number approximately 400,000 individuals. [A new estimate of 366,400 will be published soon.]
• Science evidence to date (2010) suggests that grey seals are having an impact on the recovery of cod and potentially other groundfish in the Southern Gulf of St Lawrence, but there is limited evidence elsewhere.
• Concerns about the role of seal predation resulted in the creation of the Atlantic Seal Science Task Team.
• Other seal species present in the Atlantic region include harbour seal, ringed seal, bearded seal, and hooded seals. Their abundances are believed to be collectively much lower than harp and grey seals, but recent population estimates are not available.

Pacific

• There are two pinniped species that breed in British Columbia (BC); Steller sea lions and harbour seals. DFO Science estimates that the populations of Steller sea lions and harbour seals have returned to historical norms after more than a century of fishing and culls that ended in 1970 when marine mammals were protected in regulation.
• There are other species that breed in the United States and seasonally frequent BC waters: California sea lions, northern fur seals and elephant seals. Most populations of pinnipeds have recovered following similar protections instated in the 1970s.
• Harbour seals increased exponentially in the Salish Sea in the 1970s and 1980s following protection from historical culling and hunting. Their numbers have remained constant since the early 1990s at ~40,000 seals.
• This increase in abundance appears to correlate with the decline of coho and Chinook salmon, leading to speculation by stakeholders that predation by seals might be impeding salmon recovery.
• Pinnipeds are known to eat predators of salmon (such as Hake). In addition, they are also an important food source for Transient killer whales, which are listed as ‘Threatened’ under the Species at Risk Act.
• There are concerns among numerous commercial and recreational fishing groups and numerous Indigenous groups in Pacific Region that pinnipeds, particularly Steller and California sea lions, and harbour seals, are impacting economically valuable and culturally important fish stocks.
• In 2019 and 2020, along with academic and United States partners, DFO convened two expert workshops to assess the state of scientific knowledge and identify key gaps needed to evaluate impacts of pinniped predation on salmon, with a focus on the Salish Sea. One of the recommendations was to improve information on seasonal seal and sea lion diets in the various areas they occupy. DFO Science has started to address this recommendation.
• Harbour seal predation on salmon has been inferred by stakeholders and others to be greater than 50% of all chinook salmon production. However, such statement is derived from very limited data. More recent Harbour seal diet data from the Salish Sea has led to a very significant and large reduction of this figure.
• DFO is undertaking work to expand understanding of seal and sea lion diets for both populations. Preliminary results suggest the proportion of salmon species in the diet has been found to be less than previously documented and the size of salmon consumed greater than previously assumed.
• Steller sea lions have also increased since protection in the 1970s and stakeholders suggest a linkage to significant predation on Chinook salmon and herring.
• There continues to be considerable interest in a pinniped harvest in the Pacific from numerous First Nations groups, as well as recreational and commercial fishery stakeholders.
• In Pacific region, Indigenous harvest of pinnipeds is permitted for Food, Social and Ceremonial purposes.
• Other species of pinniped on the west coast of Canada include northern fur seals and California sea lions.
• There are currently no commercial fisheries for seals or sea lions in the Pacific Region. DFO works with proponents to assess proposals under the New Emerging Fishery Policy.

Background

• The Task Team is co-chaired by Fisheries and Oceans Canada (DFO) and Glenn Blackwood, recently retired Vice President of the Marine Institute at Memorial University. Members have a range of expertise, including fisheries experience. They include:
• Bill Taylor, Atlantic Salmon Federation
• Laura Ramsey, PEI Fishermen’s Association
• Ginny Boudreau, Guysborough County Inshore Fishermen’s Association
• Jamie Snook, Torngat Joint Fisheries Board
• Kris Vascotto, Atlantic Groundfish Council
• Robert Hardy, Seafood Consultant
• Jocelyn Thériault from the Regroupement des pêcheurs professionnels des Îles-de-la-Madeleine was originally appointed as a member of the Task Team, [Information was severed in accordance with the Access to Information Act.]
• The objective of the Task Team was to provide input on DFO’s Atlantic seal science priorities; how to increase fishing industry involvement in seal science projects; and how DFO can better communicate science to the fishing industry. The sustainable management of Canadian fisheries is important to fish harvesters. DFO ensures that the best available science is considered when making management decisions, including the impact of seal predation.
• The Task Team focuses only on Atlantic seal science activities and programs and is distinct from DFO's existing Atlantic Seal Advisory Committee (ASAC) which solicits input on seal management issues, including licensing policy, management measures, quota allocations, as well as conservation and compliance issues.

Seal Management

• The Government of Canada is committed to supporting a sustainable, humane and well-regulated seal harvest that supports Canada’s Indigenous, rural and coastal communities. The harvesting of white coats is illegal in Canada and has been since 1987.
• Six species of seals are found on the East Coast of Canada (bearded, grey, harbour, harp, hooded and ringed), but only three species are harvested commercially (grey, harp, and hooded). The annual commercial harvest in Quebec and Atlantic Canada is predominantly grey and harp seals.
• DFO’s approach to seal management is the same as it is for all fisheries: to ensure that populations remain healthy.
• Grey and harp seal populations are in the healthy zone at 424,300 and 7.6 million animals, respectively.
• DFO does not assign a Total Allowable Catch (quota) for the Atlantic seal harvest, as participation in the seal harvest, and the market demand for seals, is low. The number of animals harvested continues to be well within sustainable levels.
• A licence is required to harvest seals in Canada. In order to obtain a licence, harvesters must complete mandatory training to ensure that seals are harvested humanely. In 2021, 4,832 commercial seal licences were issued in Eastern Canada

Canada’s seal market

• DFO is committed to maintaining existing markets for Canadian seal products and supporting the development of potential new markets.
• DFO will explore opportunities with stakeholders and partners, including the Atlantic Canada Opportunities Agency, to further develop the market for Canadian seal products
• Projects to further develop the Canadian seal product marketmay be eligible for funding through the Canadian Fish and Seafood Opportunities Fund and the Atlantic Fisheries Fund.

Background

• The inshore lobster fishery is an input control fishery managed using management measures that control effort, the size of animals at harvest and prohibit the landing of egg-bearing females. Total allowable catches (TAC) are not established. The offshore lobster fishery in Lobster Fishing Area (LFA) 41 is the only lobster area that is managed using a TAC, which has been set based on historical catches.
• In most LFAs, lobster is primarily assessed using fishery-dependent landings and catch data. Unreported changes in level of effort may result in increased uncertainty in the assessment. Fishery-independent information is also used, when available, and includes trawl surveys, dive surveys, and recruitment surveys that monitor young lobster before they grow large enough to be harvested in the fishery.
• In LFA 34, biomass indices from fisheries-independent trawl surveys are used as primary indicators to assess stock status. Secondary indicators, such as landings, effort and commercial catch rates, are also used to provide additional information.
• The information collected, the analysis and the conclusions are subject to a scientific peer-review process. The resulting science advice on the status of the stock then guides fisheries management decisions.
• The department is also initiating new fisheries independent surveys in some LFAs supported through the Fish Stock Provisions funding from Budget 2019.
• Lobster Fishing seasons vary by area and in part attempt to minimize interactions of the fishery with important life history stages, including egg hatching, lobster molting, egg laying and mating. In many areas, seasons are set to avoid these critical times.
• Lobster growth occurs through moulting which takes place during summer to early fall. Following molt, lobsters are soft and their carapace hardens over the following weeks and months. Fishing while their carapace is not fully hardened increases injury and incidental mortality. In most lobster fishing areas, the current fishing season ends prior to this more vulnerable time
• Increases in cumulative effort or mortality rates resulting from a change to fishing seasons or fishing out of season can be a conservation concern depending on the specific timing, the scale of the fishery, and the characteristics of the LFA.
• In areas where Science advice largely depends on information from the fishery, changes to the timing of fishing and effort levels (e.g., seasonal changes, fishing out of season) would impact the advice, particularly without logbooks or other means of documenting these changes.

Background

• Recreational anglers have raised a number of concerns about the management of the Pacific salmon fishery, particularly Chinook salmon. Actions and specific concerns include:
• A petition to end recreational fishery closures as a management tool for protecting Pacific salmon stocks of concern.
• Requests to implement mass marking of hatchery origin Chinook and mark-selective fishery opportunities.
• The need to develop a recovery strategy for Fraser River salmon and a commitment to implementation.
• Management decisions and allocation between First Nation, recreational and commercial harvesters for Northern BC Chinook stocks of concern (e.g. Skeena Chinook)
• 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; and 1 special concern.
• Given the current low productivity and low numbers of at-risk Chinook, highly precautionary management measures have been implemented to achieve very low fishery mortalities and allow most fish to reach spawning areas. These measures are one component of a larger strategy for the sustainability of at-risk Pacific salmon populations.
• Fishery management measures for Fraser River Chinook were developed following consultation with Indigenous groups, recreational and commercial fishing organizations and environmental organizations.
• From 2019 to 2021, these measures included delaying commercial troll fisheries; recreational fishery closures and Chinook non-retention; and restricted opportunities for First Nations Food, Social and Ceremonial fisheries.
• After conservation, the next priority is harvest opportunities for Indigenous fisheries for food, social and ceremonial (FSC) purposes. This is a legal obligation, consistent with Section 35 of Canada’s Constitution Act, 1982.
• In 2021, further measures were required in the Fraser River to protect migrating sockeye salmon. These measures resulted in further constraints on recreational Chinook fisheries in the Fraser, even though abundant Chinook stocks were present. Recreational opportunities for Fraser River sockeye are possible given that 2022 will be a dominant late-run Fraser sockeye return year and moderate to high abundance is expected.
• Fraser River Chinook populations have been impacted by climate driven changes to habitats and ecosystems (including marine heat waves, record air temperature records, forest fires and drought) and the Big Bar landslide.
• Though fisheries management measures are an important tool, they will not be sufficient on their own to restore these important stocks. DFO is also working on projects to support habitat protection and restoration, climate adaptation, improved stock assessment, and enhanced science collaboration. The road to recovery requires a long-term view and close collaboration with First Nations, the Province, and stakeholders to implement solutions.

Recreational Sector and the Review of the Pacific Salmon Allocation Policy

• In 2018, the BC Supreme Court decision in Ahousaht found DFO’s application of the Salmon Allocation Policy to be an unjustified infringement of five Nuu-chah-nulth Nations’ (the Five Nations’) Aboriginal rights to fish and to sell fish insofar as it affords priority to the recreational fishery over the Five Nations’ rights-based sale fishery for Chinook and Coho salmon.
• In response, the Minister announced DFO’s intent to review the 1999 Pacific Salmon Allocation Policy which sets out a series of principles for allocating salmon in BC among three harvest groups (First Nations food, social, and ceremonial; commercial; and recreational).
• Renewal of the policy is contentious given the context and importance of Pacific salmon. However, the current policy is outdated and renewal is needed to support the Department’s commitments under the Pacific Salmon Strategy Initiative, as well as help to ensure consistency with the Ahousaht decision and support alignment with broader changes to the salmon fishery. To that end, DFO has been working with First Nations, the recreational sector and the commercial harvest sector to scope the proposed review, including development of a draft terms of reference.
• The recreational sector continues to assert a “common law right to fish” – positioning themselves as rights holders rather than stakeholders, and asserting that Indigenous fisheries should not be the only fisheries recognized as rights-based.

Mass Marking/Mark-Selective Fisheries

• Consistent with the Harvest Transformation Pillar of the Pacific Salmon Strategy Initiative, DFO will work together with harvesters to modernize how salmon fisheries are managed, and work to provide sustainable harvesting opportunities through mark-selective fisheries (MSF), where feasible. MSFs target hatchery fish that have their adipose fin clipped, allowing them to be visually distinguished from wild fish when caught.
• To help determine where and when the implementation of MSF and/or mass marking (MM) is most appropriate, the Department is working on a discussion paper to support further decision making. DFO will be seeking input from First Nations and stakeholders in 2022 through this discussion paper and other consultations.
• Issues raised in the discussion paper will include:
• Conservation: MSF fisheries will still encounter wild Chinook and release mortalities of stocks of concern need to be accounted for. MSFs are typically considered in areas where there are high proportions of hatchery fish. In many times and areas around Vancouver Island, the proportion of marked fish encounters would likely remain too low to support MSF without incurring substantial release mortality on unmarked wild fish. Recreational fisheries particularly in the river may also encounter other weak stocks of concern (e.g. sockeye in 2019 and 2020).
• Ensuring stock assessment information is not compromised: Currently, Canadian hatcheries only mark hatchery Chinook that carry coded-wire tags (CWTs) to support stock assessment of both hatchery and wild fish from the same geographic area (see Conuma pilot project exception below).
• Additional MSFs and/or additional clipping of hatchery fish that don’t carry CWTs will require Canada to significantly adapt the fishery monitoring and stock assessment programs necessary to maintain information on wild Chinook and to meet Canada’s Pacific Salmon Treaty obligations. This will require additional resources to ensure we meet our commitments under the Pacific Salmon Treaty.
• Cost: Even without increasing current hatchery Chinook production, additional marking/clipping of significant additional numbers of hatchery-origin Chinook would incur substantial costs and in some areas may be logistically challenging given the large volumes of hatchery origin Chinook being released within short time frames each year.
• Effects on ecosystems: Consideration for increasing production of hatchery-origin Chinook to support fisheries must be carefully planned in order to manage ecosystem effects (e.g., carrying capacity of natural systems to support salmon rearing); control potential competitive interactions between hatchery and wild salmon; ensure that the genetic diversity of wild origin salmon is maintained.
• The Department is also conducting a pilot project to mark Conuma Hatchery Chinook in conjunction with a project exploring the application of genetic tools (parentage-based tagging (PBT)) of all hatchery-origin Chinook broodstock for the next 3 years. The goal is to determine whether PBT, combined with enhanced catch monitoring and genetic stock identification sampling, will provide the assessment information currently derived from the CWT Indicator stock program with equal or greater accuracy and precision, and determine whether this approach mitigates the potential impacts of MSF on the CWT Indicator stock program.
• Perspectives on the application of MSFs will be diverse; recreational harvesters are strong advocates for additional MSF opportunities, whereas many First Nations and environmental groups are strongly opposed, citing the potential for impacts on wild stocks of concern and the availability of fish to support FSC fisheries, as well as the limited data available to gauge impacts of MSFs.

Fisheries Management Measures Supporting Prey Availability for Southern Resident Killer Whale Population

• The 2022 suite of Southern Resident Killer Whale (SRKW) management measures were announced on April 29th:
• 2022 measures were informed by existing and new science, lessons learned from previous years and feedback from Indigenous groups, stakeholders and the public.
• Recreational and commercial salmon fisheries closures are in place within SRKW key foraging areas:
• Closures in Swiftsure Bank and Juan de Fuca Strait begin July 15 and August 1, respectively, (or following the expiry of Chinook non-retention measures) until October 31, 2022.
• Closures at the mouth of the Fraser River are in effect from August 1 to September 30, 2022 and are new for 2022.
• Similar to 2021, fisheries closures in the southern Gulf Islands will be triggered to be implemented by the first confirmed presence of Southern Resident Killer Whale(s), as per the fishing closure protocol. Monitoring for Southern Resident Killer Whales in the area begins May 5, and once their presence is confirmed, closures will be initiated and remain in effect until October 31, 2022.
• No fishing or boating (with some exceptions) in Interim Sanctuary Zones off the coast of Pender and Saturna Islands from June 1 to November 30, 2022
• Fishing closures are one tool to support prey availability for SRKW by reducing prey competition and physical and acoustic disturbance by salmon fishers in key SRKW foraging areas as part of the suite of 2022 management measures to support SRKW recovery.

Background

• On March 30, 2022, the directed southern Gulf of St. Lawrence spring herring commercial and bait fisheries, and the Atlantic mackerel commercial and bait fisheries in Atlantic Canada and Quebec were closed. Recreational, and food, social, and ceremonial fisheries will continue, and will be monitored to ensure that the goal of rebuilding this stock is not undermined.
• Herring and mackerel are forage species that serve as a source of food for many species and play a critical role in our ecosystems.
• Gulf of St. Lawrence spring herring has been in the critical zone of DFO’s Precautionary Approach framework since 2002. The most recent stock assessment conducted on March 22-23, 2022 confirmed that this stock continues to remain in the critical zone, with no signs of meaningful improvement.
• The most recent Atlantic mackerel stock assessment took place in February 2021. The spawning stock biomass is the lowest ever observed and has been in or near the critical zone for the past 10 years. The scientific analyses indicate the Atlantic mackerel stock is overfished, the age structure has collapsed, and fishing mortality is a significant influence on stock status.
• The Atlantic Mackerel Rebuilding Plan was published in 2020 with a short-term objective to maintain positive growth in the spawning stock biomass (SSB). Based on the 2021 stock assessment, this objective is not being met and the SSB declined further into the critical zone. The Rebuilding Plan is expected to be revised within the next two years. A rebuilding plan is also currently in development for the southern Gulf of St. Lawrence spring herring.
• DFO met with stakeholders at the Atlantic Mackerel Advisory Committee (AMAC) on February 2, 2022, and the Gulf Small Pelagic Advisory Committee (GSPAC) on November 16, 2021 to consult on the management measures for mackerel and spring herring fisheries. A number of possible management options, including closure were discussed during the meeting.
• In regards to bait supply, the Department is confident that harvesters can purchase bait from other sources in consideration of the mackerel and spring herring closure. An increase in bait prices may be expected.
• Discussions are taking place with provincial governments, fishing associations, and the processing industry across Atlantic Canada to examine issues related to the supply and demand of bait for various fisheries, particularly in advance of the spring lobster and snow crab fisheries.
• As a short term solution, discussions are also taking place with fishing associations and harvesters to discuss possible participation by industry members in collecting scientific samples to support both herring and mackerel stock assessments.
• Longer term solutions for scientific sampling for both stocks are being explored.

Background

• The Minister and Departmental officials appeared at the House of Commons Standing Committee on Fisheries and Oceans on April 13. There were two follow up requests: 1) that Departmental officials commit to inviting impacted weir capelin harvesters to the Capelin Advisory Committee meeting on April 25; and, 2) that Departmental officials providing information on recent investments in monitoring efforts (for herring) in all regions.
• There is no limit reference point in place for this stock. The data available for the stock assessment includes: reported commercial landings; a fishery performance index derived from commercial landings of the 4R seiner fleet; capelin bycatch by the shrimp trawler fleet in the Gulf of St. Lawrence; and, biological samples from commercial catches from the Department’s summer multispecies bottom-trawl surveys covering the southern and northern Gulf of St. Lawrence (GSL).
• In the previous stock assessment conducted in March 2021, new capelin relative abundance indices derived from bottom-trawl catches and demersal fish diet were presented for the first time. These indices have been officially integrated in the new stock assessment of April 20-21, 2022.
• In the Gulf of St. Lawrence, estimated fishing mortality levels are at least one order of magnitude smaller than natural mortality.
• Because capelin have a short lifespan and populations consist of only a few age groups, their abundance is subject to large fluctuations and these variations are mostly regulated by environmental factors.
• The abundance of capelin in the northern GSL has generally been below the long-term average since 2012, while in the southern GSL it has been above average since 2010.
• There are correlations between capelin conditions and environmental conditions – for example, the timing of ice retreat and summer surface temperature. Current data show that the body condition factor of capelin is above average.
• Modelled simulations based on these correlations suggest that recent ecosystem conditions are generally favourable to capelin productivity.
• All this evidence indicates the harvest levels of the last decade are unlikely to pose a risk to the 4RST capelin stock in 2022.
• The 4RST capelin stock temporal availability for fishing is different in the estuary compared to the rest of the Gulf of St. Lawrence. For the past 10 years, the Capelin weir fishery in the estuary has had a May 1 opening date.
• The request to advance the opening date of the Capelin weir fishery in the estuary was discussed at the 4RST capelin advisory committee held on April 25, 2022, as part of the ongoing process to assess the advancement of this fishery’s opening date to April 1, beginning in 2023. No opposition from other members of the industry was raised.

Background

Aquatic Invasive Species

• Aquatic invasive species (AIS) pose a serious threat to fish, fish habitat, use of aquatic resources (e.g., fisheries, aquaculture, and recreational industries), and species at risk across Canada.
• AIS of public concern across Canada include:
• Zebra and quagga mussels
• Asian carps (four species)
• Sea Lamprey (Great Lakes only)
• European Green Crab
• Invasive tunicates (e.g., Vase, Clubbed, and Violet)
• Invasive aquatic plants (e.g., Eurasian water milfoil)
• The Canadian portion of the delivery of the Sea Lamprey Control Program (SLCP) was established through the Department in 1954, following ratification of the Convention on Great Lakes Fisheries. The Convention established the Great Lakes Fishery Commission (GLFC) as part of a binational commitment to control Sea Lamprey for the protection of Great Lakes fish and fisheries. The Commission works with delivery agents in the U.S. and Canada to deliver the program.

• Budget 2017 increased Canada’s commitment to the GLFC, the coordinating body for the SLCP, from $8.1 million to $10.6 million ongoing.
• Budget 2022 identifies an additional $45 million over 5 years, and $9 million ongoing, to DFO to fulfill Canada’s funding commitment under the GLFC bilateral agreement and the funding formula established by the Convention. The additional funding will enable DFO and the GLFC to increase efforts to control sea lamprey, further facilitate collaborative fishery management, and provide additional support to Great Lakes research.
• The AIS Regulations came into force in 2015 under the Fisheries Act to provide tools for federal action and partnerships with provincial and territorial governments, setting significant expectations regarding Canada’s collective ability to manage AIS. The AIS Regulations list over 164 aquatic species as invasive, subject to prohibitions and/or controls.
• Budget 2017 provided $43.8 million in funding over five years and $10.6 million ongoing for national AIS management.
• DFO’s AIS National Core Program was established to implement the AIS Regulations in Canadian waters, to act on sound scientific and other advice, and to report nationally on AIS activities.
• Implementation of the AIS Regulations is a shared priority and responsibility across jurisdictions and levels of government. Some provinces and territories take the lead for freshwater AIS, while DFO leads for marine AIS.
• Provinces also dedicate significant amounts of resources to prevent and manage AIS. For example, Quebec invests $8 million a year and is investing an additional $8 million over five years announced in 2018 to combat aquatic invasive plants. The Invasive Mussel Defense Program in British Columbia (BC) has an annual budget of nearly $4 million. Alberta also has a significant budget targeted at invasive mussels.
• The Commissioner of the Environment and Sustainable Development conducted an audit of DFO’s AIS efforts to date and released its findings on April 2, 2019. DFO accepted the recommendations of the Auditor and is implementing a management action plan to address them.
• The Auditor recommended that DFO work with the Canada Border Services Agency (CBSA) to address risks associated with watercraft and prohibited imports. The Auditor also recommended that DFO and the CBSA develop and implement the procedures, tools, and training that border services officers and fishery officers need to assist in enforcing the AIS Regulations. In response, DFO, CBSA, and other partners have developed new protocols, tools, and procedures to improve enforcement of the AIS Regulations at international borders. It is planned to test these tools in 2022, or as soon as practicable pending Covid-19 travel restrictions, with a pilot project at Emerson MB port of entry focused on preventing invasive mussels from entering Canada.
• DFO is currently working with partners to explore projects to address AIS that also benefit aquatic species at risk through the Canada Nature Fund for Aquatic Species at Risk. Potential projects notably include the implementation of the education and outreach “Don’t Let It Loose” campaign in the Ontario and Prairie Region to prevent the illegal introduction of AIS, and the implementation of a watercraft washing station in Manitoba.

Zebra and Quagga Mussels

• Zebra and Quagga mussels can have significant economic impacts on recreational boaters, municipal and industrial water supplies, and power generation infrastructure. Both species are subject to import prohibitions under the AIS Regulations.
• Zebra and Quagga mussels are native to the Black and Caspian seas region and entered the Great Lakes in the late 1980s through ballast water discharged from ships.
• Since their introductions in the Great Lakes, Zebra Mussels have also spread through parts of eastern Canada and the United States, and their western invasion front is currently located in Lake Manitoba in the Prairies, while Quagga mussels are found in the southern Great Lakes (i.e., Lake Ontario, Michigan, Huron and Erie). Both Zebra and Quagga mussels are found in certain areas of the St Lawrence river but not its tributaries or connected lakes.
• Zebra mussels were newly detected in two lakes in the Estrie regions in Quebec in 2017 & 2021 (i.e., Lake Memphremagog and Lake Massawippi) and DFO has partnered with the Government of Quebec and local stakeholders to contain the spread of this species.
• DFO continues to support AIS management through the delivery of science advice, and completed in December 2021 a scientific report on the effectiveness of “Clean, Drain, Dry and Decontaminate” treatments and protocols for watercrafts to help prevent the introduction and spread of aquatic invasive species, including zebra and quagga mussels.
• In March 2021, prohibited invasive zebra mussels were found in moss ball products, a type of aquarium plant product made of green algae sold in Canada and in the United States. DFO led national emergency response activities with the CBSA and provincial and territorial partners to stop the import and distribution of infested moss ball products across Canada. DFO collaborated with large e-commerce platforms to block the sale of moss balls by third party sellers on their platforms.
• DFO recognizes the threat that these invasive mussels pose to Canada’s ecosystems and economy, including western Canada’s, and continues to collaborate with CBSA to enforce the AIS Regulations at the international border. DFO continues to address the illegal import of AIS into Canada through the implementation of a sustained action plan focused on four components: enforcement; response preparedness; education and outreach; and engagement with partners.
• The BC provincial government has the authority to implement the AIS Regulations within its jurisdiction and has assumed the role of lead authority for freshwater AIS management in BC with support from DFO. To date, other than those intercepted through the moss ball response, zebra and quagga mussels have not been detected in BC and DFO meets regularly with representatives of the BC provincial government to discuss emerging AIS threats, potential collaboration, and support for AIS-focused initiatives.
• DFO continue to provide funding through grants and contributions for a number of initiatives focusing on AIS management activities:
• DFO contributed $500,000 over four years in 2018 to invasive mussel prevention through research, education, and outreach in BC. This funding complemented the BC government’s efforts and recognized their formal authority for management of freshwater fisheries.
• DFO contributed $700,000 over four years starting in 2019 through the Canada Nature Fund for Aquatic Species at Risk to a project focusing on increasing awareness and identifying best practices to reduce AIS-related threats on species at risk.
• DFO has committed to contribute $100,000 to BC’s invasive defense program in 2022 through a partnership arrangement with the Province of BC.

Miramichi Lake and River

• Smallmouth Bass was discovered in Miramichi Lake in 2008, a headwater lake in the southwest Miramichi River watershed. This watershed, along with other river systems in New Brunswick, is recognized as some of the most productive Atlantic Salmon rivers in the world. Smallmouth Bass is a predator and competitor of other fish, including Atlantic Salmon.
• DFO subsequently installed in 2008, and continues to maintain barriers to prevent Smallmouth Bass from escaping Miramichi Lake and annually invests approximately $50000 on different physical methods for capturing individuals of all ages and sizes in Miramichi Lake (e.g., electrofishing, trapping, netting, and seining) to keep the population at levels close to depletion.
• In August 2019 however, Smallmouth Bass was reported in the southwest Miramichi River, downstream from Miramichi Lake.
• DFO and partners implemented response activities in the Miramichi River and certain tributaries in the summer-fall 2019 and 2020, which included line fishing (angling), electrofishing (using backpacks or boats equipped with an electrofishing device), netting, collection of environmental DNA samples to determine the spread of the invasion, and collaborating with the University of New Brunswick to use radio-isotopes to determine the source of the Smallmouth Bass captured in the river.
• DFO, as the regulator, worked with the Province of New Brunswick to review an application submitted by the North Shore Micmac District Council for an authorization pursuant to subsection 19(3) of the AIS Regulations under the Fisheries Act to use Rotenone to eradicate Smallmouth Bass from Miramichi Lake and part of the southwest Miramichi River.
• In evaluating the use of deleterious substances, the Department has to consider implications not only for native Atlantic Salmon, but also impacts on species at risk, other fish species, wildlife, and public safety.
• In May 2021, the Province completed its Environmental Impact Assessment determining that the undertaking could proceed and DFO authorized the project on June 7, 2021, subject to the Emergency Use Registration process being completed by Health Canada’s Pest Management Regulatory Agency.
• The week of the project’s planned implementation in August 2021, the proponent was met with blockades from the Wolastoq Mothers and Grandmothers, a community group opposing the project citing consultation deficiencies. As a result, the project was delayed for another year. Although most Atlantic salmon conservation groups support this project, the proposed use of rotenone remains a concerns for local residents.
• A new authorization was issued by DFO on September 18, 2021, and the project which will be monitored by the proponent and by federal and provincial authorities is planned for to the summer of 2022.
• In addition to the application for chemical control, the Department continues to collaborate with the provincial government, the Atlantic Salmon Federation, the Miramichi Salmon Association, and First Nations to capture and remove Smallmouth Bass from the river.
• The Department is also developing a long-term plan for the management of this AIS in the Miramichi River watershed using an integrated management approach based on prevention, detection, response, and control, as well as sustained collaboration with partners.

European Green Crab

• European Green Crab (EGC) are a known invasive species on both coasts of Canada listed on Part 3 of the AIS Regulations, that can impact important habitat, such as eelgrass, and fisheries.
• In the Newfoundland (NL) Region, the spread of EGC has been confirmed in St Mary’s Bay, with established populations of large adult crab confirmed in October 2020. From May 2020 to September 2021, DFO issued 54 AIS Control Licences for EGC in the NL Region
• DFO continues to work with partners in NL to control EGC:
• The Fish, Food and Allied Workers’ Union partnership trapped 335 000 EGC in Fortune Bay in 2020 and those efforts continued in the summer 2021.
• Three Rivers Mi‘kmaq Band were contracted to evaluate EGC population on the South West coast of insular NL through destructive sampling in October 2020
• The Marine Institute’s work in Placentia Bay to restore eelgrass and remove EGC in the area continued with funding from DFO’s Coastal Restoration Fund in 2021.
• In September 2021, the Mi’kmaq Alsumk Mowimsikik Koqoey Association received Nature Legacy Funding to trap and mitigate the EGC population in western Fortune Bay.
• In British Columbia, EGC were discovered in the Salish Sea in 2012 in Sooke Basin, which is thought to be a closed population. They have since been discovered at a number of locations in both the Canadian and US waters of the Salish Sea, none of which have been determined to be established populations except for a recent, substantial population identified in Puget Sound, which is being investigated by the Lummi Nation and Washington State governments.
• Other incursions have been documented along the Central Coast of the mainland, as well as in Haida Gwaii in 2020.
• Since discovery of EGC in the Salish Sea and Haida Gwaii, DFO has partnered with multiple Indigenous and stewardship groups and others to determine the extent of the invasion, seek evidence of establishment, and develop and implement management and response plans, including partnering with the Coastal Restoration Society and Council of the Haida Nation with funding from the BC Salmon Restoration and Innovation Fund (BC SRIF).
• External requests (e.g., media, interested parties) for DFO to provide guidance as to a national decision on the permissible use of AIS, and particularly the use of EGC for commercial purposes are increasing in many regions, and especially NL Region. The recently announced closure of the herring and mackerel commercial and bait fisheries in Atlantic Canada may further increase those requests as fishermen will be looking for alternative bait options.

Goldfish

• DFO and the National Aquatic Invasive Species Committee under the Canadian Council of Fisheries and Aquaculture Ministers have developed a nationally consistent education and outreach campaign named “Don’t Let It Loose” to manage the risk of introduction posed by several pathways including “pets and plants from aquariums, ponds, or water gardens”, “live food and live baits”, and “sport fish and recreational fishing”.
• DFO’s NL Region, with Memorial University of Newfoundland, has commenced utilizing the “Don’t Let it Loose” campaign materials to assist in the prevention of release of aquarium pets (e.g. goldfish) into a campus pond.

Vase Tunicate

• Vase tunicate is an invasive species established in Nova Scotia, New Brunswick, Prince Edward Island, and certain bays south of Newfoundland. In Québec it is only present at the Magdalen Islands.
• Vase tunicate has important repercussions on the aquaculture industry. It invades mussel socks and incurs additional costs to aquaculture.
• A local organization is collaborating with DFO Small Craft Harbours to attempt to control the single population of Vase tunicate in the Magdalen Islands. Their goal is to make the floating docks less prone for the species to establish itself. This compensation project to control vase tunicate is currently under review by DFO.

AIS as Bait

• Although it may appear desirable to use AIS for bait, food or other purposes, there are several important legal, ecological, and economic factors that must first be considered. Increased use of AIS means increased risks of introduction into new areas, and risks propagating the species, leading to unintended, negative consequences on native fish and fish habitat.
• Use of AIS for economic gain could create long-term markets and demand for domestically sourced product. If an economic market is created for AIS, these species could become socially acceptable, even if serious environmental and broader economic consequences persist.
• Many provincial governments regulate the use of baitfish and ban the use of invasive species as bait (live and/or dead).
• While the regulation of bait generally falls under the mandate of provincial and territorial governments with delegated fishery management responsibilities, , the international or interprovincial movement of bait is generally seen as the responsibility of the federal government and the introduction of any non-indigenous species into Canadian waters is prohibited under the AIS Regulations unless otherwise authorized by federal or provincial law.
• We want to prevent any AIS from establishing in Canadian waters. We are concerned that establishment of any AIS would cause significant environmental and economic damage. For example, the estimated costs associated with each invasive species within North America ranges from $14 million to $91 million annually. The total economic value of activities that could be affected by an invasion of a species such as Asian carp in the Great Lakes totals $8.5 billion per year. For consideration, lobster was Canada’s top economic fish and seafood export in 2018, valued at $2.22 billion.

Eurasian Watermilfoil

• Eurasian Watermilfoil is an invasive aquatic plant this is also known in the media as the “zombie plant” due to its ability to quickly return to invaded habitats after being physically removed.
• Eurasian Watermilfoil is present in British Columbia, Manitoba, Ontario, Quebec, New Brunswick, and Prince Edward Island.
• Recently in Quebec, a new organization, the Fédération québécoise de protection des lacs et cours d'eau, is attempting to mobilize citizens and lake associations to lobby the provincial government to provide more support on Eurasian Watermilfoil removal across the province.
• The management of aquatic invasive plant species is under the delegated authority of the province.
• DFO is developing a national plant policy to help support the management of aquatic invasive plants across Canada.

Background

• As of January 2022, the Small Craft Harbour Program was responsible for 973 harbours:
• 672 core fishing harbours; and,
• 301 non-core fishing harbours.
• Small craft harbours provide key support to the commercial fishing industry. The Small Craft Harbour Program keeps the harbours that are critical to the fishing industry open and in good repair.
• In Budget 2021, the Government announced it would provide $300 million over the next two years to repair, renew, and replace small craft harbours.
• Small Craft Harbours ongoing regular budget is approximately $90 million.
• Approximately 90 per cent of the Canadian fish harvest is landed at harbours operated through the Small Craft Harbour Program. The value of landings in Canada in 2019 was estimated at approximately $3.7 billion.
• Another key objective of the Small Craft Harbour program is to transfer ownership of designated harbours to third parties, particularly those that are not widely used by fishers or that are focused primarily on recreational boating.
• The Small Craft Harbour Program is delivered in cooperation with Harbour Authorities, local not-for-profit organizations representing the interests of local commercial fishers and the broader community.
• Each year, more than 5,000 volunteers assist the Program.
• The Small Craft Harbour Program's annual regular budget has been stable at about $90 million (includes salaries and administrative costs) since 2007-08.

Background

• Two distinct populations of resident killer whales, known as the Northern and Southern Residents, occupy the waters off the west coast of British Columbia.
• In 2001, COSEWIC designated SRKW’s as ‘Endangered’, and Northern Resident killer whales as ‘Threatened’. Both populations are listed in Schedule 1 of the Species at Risk Act (SARA) in 2003. These two populations are acoustically, genetically and culturally distinct. SRKW’s are also listed under the US Endangered Species Act as Endangered.
• There are also two three SRKWs that have been reported as missing by the Center for Whale Research (a US organization that conducts the annual census for SRKWs) and are presumed to be dead, K21, L47 and L89. This brings the SRKW population to 72 individuals.
• J19, J36 and J37 from J pod were previously reported as pregnant by US research organization SR3. Two females were later reported to no longer be pregnant; however, J-pod was sighted with a new calf in March 2022.
• SRKW’s have approximately a 30 per cent live birth rate and neonate mortality is approximately 43 per cent, so the Department is cautiously optimistic regarding the new calf.
• The SRKW 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.
• Principal among these anthropogenic threats are reductions in the availability of prey (Chinook salmon is the main prey item), both physical and acoustic disturbance, and environmental contamination.
• Actions on many of the recovery measures identified in the Resident killer whale recovery strategy are underway.
• In May 2018, Minister of Fisheries, Oceans and the Canadian Coast Guard and the Minister of Environment and Climate Change determined that SRKWs are facing imminent threats to their survival and recovery.
• The approach for the 2022 management measures was informed by a number of new peer-reviewed research papers, along with lessons learned from previous years, and engagement and consultation with Indigenous groups, stakeholders, and technical experts.
  • On April 29, 2022, the government announced a suite of management measures for the fourth year in a row. These measures include:
  • Two new Seasonal Slowdown Areas near Swiftsure Bank, in which all vessels will be restricted to a maximum speed of 10 knots, in effect from June 1 to November 30, 2022.
  • A mandatory vessel approach distance whereby vessels must stay at least 400 m away from all killer whales in southern British Columbia coastal waters between Campbell River and just north of Ucluelet. This is in effect year-round until May 31, 2023.
  • A renewed agreement with local whale watching and ecotourism industry partners to once again not offer or promote tours focused on Southern Resident killer whales.
  • Continuation of the two Interim Sanctuary Zones off the coasts of Pender Island and Saturna Island from June 1 to November 30, 2022. No vessel traffic will be permitted in these areas during this period, subject to certain exceptions for emergency situations and Indigenous vessels.
  • Expanded fishery closures will be in place for commercial and recreational salmon fisheries in 2022 in a portion of Swiftsure Bank, southern Gulf Islands, the Strait of Juan de Fuca, and the Mouth of the Fraser River. Fishing closures were modified compared to 2021 based on new science advice regarding whale presence, their foraging areas, and impacts of vessel disturbance, and feedback from Indigenous groups, stakeholders and the public.
  • The southern Gulf Islands closure protocol for commercial and recreational salmon fisheries will be in effect again in 2022. Closures will be triggered by the first confirmed presence of Southern Resident killer whales in the area until October 31. Monitoring in the area will begin on May 5.
• The Marine Mammal Regulations remain in effect year-round, and require maintaining a minimum 200 metre approach distance from all killer whales in Canadian Pacific waters other than those described above, and 100 metres for other whales, porpoises and dolphins or 200 metres when the animal is in resting position or with a calf.
• The Government of Canada continues to promote voluntary guidelines and best practices to protect killer whales including encouraging fishers to temporarily stop fishing (and not haul gear) when within 1000m of a killer whale, reduce speed to less than 7 knots within 1000m of a killer whale, turn off fish finders and echo sounders and when safe to do so, place engine in neutral idle and allow animals to pass if a vessel is not in compliance with approach distances.
• Canada continues to work collaboratively with the U.S. federal government and the Washington state government to share research and align management actions where possible.

Background

• The first North Atlantic right whale of 2022 was detected on May 3. The single right whale was sighted by surveillance aircraft in the Gulf of St. Lawrence, north of the Magdalen Islands. The detection triggered a 15-day fishing closure in crab fishing area 12.
• In February 2022, the Minister announced the 2022 NARW fisheries management measures. DFO’s measures remain unchanged from 2021. The measures for 2022 will take effect in the Gulf of St. Lawrence as soon as the Gulf crab fisheries open this year (as early as April 1).
• DFO will be informing the Grand Manan Fisherman’s Association that starting in the Fall 2022 season, it will no longer be authorizing its rope-reduction pilot project in lobster fishing area (LFA) 38. These harvesters will have to remove all their gear from the water column when right whales are detected, as is the requirement for all other non-tended fixed gear fisheries, including crab and lobster, in Atlantic Canada and Quebec.
• On December 17, 2021 the Department met with the U.S. Assistant Secretary of Commerce and Deputy National Oceanic and Atmospheric Administration (NOAA) Administrator and her colleagues to discuss matters of common interest in relation to NARW protection measures and reporting under the U.S. Marine Mammal Protection Act (MMPA). As a result of discussions agreements were reached on the following:
• End speculation on the origin of fishing gear removed from a whale when respective gear investigations are inconclusive.
• Develop a gear investigation information sharing protocol.
• NOAA will review and update their historical records of NARW incidents that were unjustifiably assigned to Canada.
• The first right whale Advisory Committee meeting (previously the roundtable) was held on November 30 and December 2, 2021.
• Closure statistics from 2021:
• 524 total closures (382 full grids, 142 portion of grids), total coverage for closures– 74,926.92 km²
• 124 seasonal closures (23 portion of grids), seasonal closures covered 26,763.74 km²
• As of November 15, 2021, there were 1476 recorded detections of right whales (does not represent individual whales).
• In October 2021, the National Oceanic and Atmospheric Administration (NOAA) released an updated estimate of the North Atlantic Right Whale (NARW) population: 336 right whales, which is significantly lower than previously thought.
• In 2021, targeted right whale surveillance efforts resumed on April 12. The first right whale was detected on April 25, 2021 by the DFO Science Cessna. Acoustic monitoring devices became operational as of May 15, 2021.
• As of 2021, a technical working group of harvesters, right whale experts, and departmental officials meet regularly throughout the year to discuss ongoing right whale fisheries management issues in Canadian waters.
• In 2021, the Department is continuing with adaptive measures to aid in preventing fishing gear entanglements, such as:
• Changes to the open and closure dates of fisheries.
• Season-long closure protocol (Nov 15) in the Gulf of St. Lawrence;
• Dynamic closure protocol in the Gulf of St. Lawrence, Bay of Fundy, and critical habitat areas (Grand Manan Basin and Roseway Basin);
• Case by case measures to address sightings of 3 whale or more aggregations or a mother and calf anywhere in Atlantic Canada and Quebec that is not subject to temporary closure areas and critical habitat;
• Maintaining targeted provisions for waters shallower than 20 fathoms (36.5 metres or 120 feet);
• Focused surveillance using acoustic underwater technology (hydrophones), aircraft and vessels to confirm the presence of whales;
• The 2021 Action Plan for the NARW was finalized and published on the Public Registry in spring 2021. The Action Plan addresses all threats identified in the species’ Recovery Strategy, including vessel collisions, entanglement in fishing gear, disturbance from vessel presence, noise, contaminants, habitat degradation, and changes in food supply.
• As announced in February 2020, the Department will continue working with partners and industry in Atlantic Canada and Quebec to identify gear solutions for preventing injury to right whales. The specific gear modifications are expected to vary by region and fishery, but the requirements will be the same for all non-tended, fixed-gear fisheries: low breaking strength rope or links must be incorporated by the end of 2022.
• Since 2018, DFO has invested over $5.7 million to further enhance the Marine Mammal Response Program, which responds to marine mammals in distress, including disentanglement of NARWs. This funding is part of the $167.4 million Whales Initiative in Budget 2018.
• The NARW was listed on Schedule 1 of the Species at Risk Act (SARA) as Endangered in 2005. It is predicted the species could become extinct in 30 years if the morality rate is not significantly reduced.

Background

Reconciliation with Indigenous Peoples

• The Prime Minister has clearly mandated that the Government will continue to move forward on reconciliation and that many key commitments require partnership with Indigenous governments, communities, and partners.
• The 2021 Speech from the Throne opened with an Indigenous territorial acknowledgment, recognition of the discovery of unmarked graves at former residential schools, a challenge to continue to expose truths and turn guilt into action, and reinforced the importance of the federal government’s commitment toward reconciliation with Indigenous peoples.
• All Ministers have been directed to implement the United Nations Declaration on the Rights of Indigenous Peoples and to work in partnership with Indigenous peoples to advance their rights.
• Your mandate letter includes several commitments (e.g., blue economy strategy, marine conservation targets, new aquaculture legislation, advancing consistent, sustainable and collaborative fisheries arrangements with Indigenous and non-Indigenous fish harvesters) that reference the inclusion of Indigenous peoples and Indigenous Knowledge in the management of fisheries, oceans, and freshwater resources.
• 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.

United Nations Declaration on the Rights of Indigenous Peoples

• The Government of Canada upheld its commitment to introduce legislation co-developed with Indigenous peoples to implement the United Nations Declaration on the Rights of Indigenous Peoples by the end of 2020.
• On June 21, 2021, the United Nations Declaration on the Rights of Indigenous Peoples Act received Royal Assent. Legislation to advance full implementation of Declaration is a key step in renewing the Government of Canada’s relationship with Indigenous peoples.
• The United Nations Declaration on the Rights of Indigenous Peoples Act came into force on June 21, 2021.
• As the next step, we will work in consultation and cooperation with First Nations, Inuit and the Métis Nation to:
• Take all measures necessary to ensure the consistency of federal laws with the Declaration;
• Develop an action plan to achieve the objectives of the Declaration;
• Develop annual reports on progress and submit them to Parliament.
• The Act requires that the action plan be developed as soon as possible and no later than two years after the coming into force of the Act, which means it needs to be completed by June 2023.
• As a first step, the Government of Canada will be working closely with First Nations, Inuit and the Métis Nation to better understand their priorities to help shape the initial draft of an action plan and begin to identify potential measures for aligning federal laws with the Declaration. This important dialogue will continue over the winter and spring of 2022.
• This first phase will focus on consultation, cooperation and engagement with Indigenous partners, including:
• First Nations, Inuit and Métis rights holders, including modern treaty signatories, self-governing nations and historic treaty partners, as well as with national and regional Indigenous representative organizations
• Indigenous women, Elders, youth, persons with disabilities, 2SLGBTQQIA+ people, urban Indigenous people and other Indigenous organizations and groups
• This is the first step toward the development of an action plan with Indigenous partners. There will be a further process for Indigenous peoples and the Government of Canada to work in cooperation on measures to implement the Declaration, informed by the priorities identified in the initial draft of the action plan.
• Fisheries and Oceans Canada (DFO)-Canadian Coast Guard’s Reconciliation Strategy, published 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 Declaration. The Strategy is a description of the Department’s approach to advancing reconciliation and serves as a long-term roadmap for advancing meaningful reconciliation across the Department’s business lines. It will also serve as a tool for measuring and demonstrating progress on implementing the Declaration.

Background

• Over the past 23 years, Fisheries and Oceans Canada (DFO) has invested over $550 million in fishing licences, vessels, gear and training to help increase and diversify participation in commercial fisheries, and to advance the implementation of the right to fish in pursuit of a moderate livelihood, for the 35 rights-holding Mi’kmaq, Wolastoqey, and Peskotomuhkati communities (Treaty Nations). These investments have resulted in meaningful economic benefits. For example, annual landed value among these Treaty Nations has increased from $3 million in 1999 to nearly $170 million in 2019. Additionally, yearly revenue—totaling over $100 million in 2019—is now being generated through fisheries-related businesses (e.g., processing, aquaculture) owned and operated by Treaty Nations.
• DFO is currently negotiating Rights Reconciliation Agreements/Rights Implementation Agreements (RRA/RIA) with some Treaty Nations, with the objective of addressing and recognizing their historic treaty right (affirmed by the Supreme Court of Canada’s Marshall decisions of 1999) and to ensure a stable and predictable fishery for the benefit of all Canadians.
• These agreements are time-limited (five to 25 years) with an option for renewal; provide funding for access, vessels and gear; enable signatory First Nations to develop approaches to fishing to meet their particular objectives and importance to their communities, such as an emphasis on jobs or income; and put in place fisheries governance structures and processes to enhance collaboration between First Nations and DFO.
• Three RRAs have been signed with four Treaty Nations: the Wolastoqiyik Wahsipekuk First Nation (Quebec), Elsipogtog and Esgenoôpetitj First Nations (New Brunswick), and the Listuguj Mi’gmaq Government (Quebec). These communities represent about 25 per cent of the population of the 35 First Nations that hold the treaty right.
• DFO continues to have discussions with Treaty Nations on the recognition of rights and encourages that this dialogue take place at the negotiation table.
• Some Treaty Nations have grown frustrated with the slow progress of RRA negotiations or are uninterested in negotiating RRAs. Some have been fishing outside the commercial fishing seasons, citing their right to fish in pursuit of a moderate livelihood. In an effort to make progress on this issue, in the fall of 2020 DFO obtained approval for additional flexibilities in negotiating RRAs, as well as to negotiate and authorize fishing based on small-scale annual Moderate Livelihood Fishing Plans (MLFPs).
• On March 3, 2021, the then DFO Minister announced this new path forward whereby MLFPs would be authorized annually to take place during the regular commercial seasons. The Minister also reiterated DFO’s commitment to acquiring fishing access through already available licences and a willing buyer-willing seller approach. The Treaty Nations’ reaction was largely negative, whereas comments from industry were generally positive.
• However, since then, discussions on MLFPs have continued, mainly between DFO and the Kwilmu’kw Maw-klusuaqn (Nova Scotia Mi’kmaq). After MLFPs were introduced in 2021, DFO reached two understandings with four Treaty Nations in Nova Scotia to fish for lobster for the 2021-22 fishing season. So far in 2022-23, two MLFP understandings around elver have been reached with three Treaty Nations in Nova Scotia and an aggregate representing six Treaty Nations in New Brunswick. Two MLFP understandings have also been reached with two Treaty Nations in Nova Scotia to fish for lobster this season. Discussions are ongoing with Treaty Nations, primarily in Nova Scotia, to renew or develop new MLFPs for the upcoming season.
• Supporting Indigenous-non-Indigenous fishing industry relationships around the issue of moderate livelihood fishing is a priority as negotiations and discussions advance on RRAs/RIAs or through MLFPs. To that effect, in October 2020, the Minister of Fisheries, Oceans and the Canadian Coast Guard and the Minister of Crown-Indigenous Relations appointed Allister Surette as Federal Special Representative, as a neutral third party to: gather the different perspectives on the issues contributing to the conflict; seek to build understanding and find common ground in order to reduce tensions between Treaty Nations and industry; and identify opportunities to improve relationships. Mr. Surette submitted his final report and recommendations in March 2021, and DFO has made progress in implementing some of the recommendations.
• The Department continues to have regular and frequent meetings at various levels with non-Indigenous fishing industry stakeholders to answer questions about moderate livelihood fishing and provide industry an opportunity to share its views.
• In the last Parliament, the House of Commons Standing Committee on Fisheries and Oceans undertook a study on the “implementation of Mi’kmaq treaty fishing rights to support a moderate livelihood.” A report with 40 recommendations was presented to the House in May 2021 before the Committee was dissolved ahead of the September 2021 federal election. Following the election, the newly constituted Committee re-tabled the moderate livelihood report from the previous Parliament in February 2022. A Government Response has been requested by the Committee and is expected to be tabled in the House of Commons in June 2022.

Background

• Over the past 23 years, Fisheries and Oceans Canada (DFO) has invested over $630 million in fishing licences, vessels, gear and training to help increase and diversify participation in commercial fisheries, and to advance the implementation of the right to fish in pursuit of a moderate livelihood, for the 35 rights-holding Mi’kmaq, Wolastoqey, and Peskotomuhkati communities (Treaty Nations). These investments have resulted in meaningful economic benefits which continue to increase year over year. For example, annual landed value among these Treaty Nations has increased from $3 million in 1999 to nearly $170 million in 2019. Additionally, approximately $100 million of additional yearly revenue is now being generated through fisheries-related businesses (e.g., processing, aquaculture) owned and operated by Treaty Nations.
• DFO is currently negotiating Rights Reconciliation Agreements/Rights Implementation Agreements (RRA/RIA) with some Treaty Nations, with the objective of addressing and recognizing their historic treaty right (affirmed by the Supreme Court of Canada’s Marshall decisions of 1999) and to ensure a stable and predictable fishery for the benefit of all Canadians.
• These agreements are time-limited (five to 25 years) with an option for renewal; provide funding for access, vessels and gear; enable signatory First Nations to develop approaches to fishing to meet their particular objectives and importance to their communities, such as an emphasis on jobs or income; and put in place fisheries governance structures and processes to enhance collaboration between First Nations and DFO.
• Three RRAs have been signed with four Treaty Nations: the Wolastoqiyik Wahsipekuk First Nation (Quebec), Elsipogtog and Esgenoôpetitj First Nations (New Brunswick), and the Listuguj Mi’gmaq Government (Quebec). These communities represent about 25 per cent of the population of the 35 First Nations that hold the treaty right.
• DFO has been in ongoing discussions with Lennox Island First Nation (Prince Edward Island) regarding fishing under their ‘Lennox Island First Nation Treaty Protected Lobster Fishery Plan’ (Plan) for this spring. These discussions are similar to those that led to moderate livelihood fishing plan understandings that were reached with Potlotek and Pictou Landing First Nations and others in 2021 and 2022.
• Much progress has been made over the years, working with Lennox Island First Nation through the Marshall Response Initiative and other programs, which have seen this community grow its fishing enterprises, and benefit economically from these fisheries.
• Some Treaty Nations have grown frustrated with the slow progress of RRA negotiations or are uninterested in negotiating RRAs. Some have been fishing outside the commercial fishing seasons, citing their right to fish in pursuit of a moderate livelihood.In an effort to make progress on this issue, in the fall of 2020 DFO obtained approval for additional flexibilities in negotiating RRAs, as well as to negotiate and authorize fishing based on small-scale annual Moderate Livelihood Fishing Plans (MLFPs).
• On March 3, 2021, the DFO Minister announced this new path forward whereby MLFPs would be authorized annually to take place during the regular commercial seasons. The Minister also reiterated DFO’s commitment to acquiring fishing access through already available licences and a willing buyer-willing seller approach. The Treaty Nations’ reaction was largely negative, whereas comments from industry were generally positive.
• However, since then, discussions on MLFPs have continued, mainly between DFO and the Kwilmu’kw Maw-klusuaqn (Nova Scotia Mi’kmaq). In June 2021, an understanding was reached between DFO and Potlotek First Nation in Nova Scotia (NS) to recognize harvesters designated under the Potlotek MLFP to be authorized to fish lobster, under a DFO-issued licence, during the established commercial season. A similar understanding was reached with Annapolis Valley, Bear River, and Acadia First Nations in NS in the fall of 2021, and a plan for the elver fishery was approved in the spring of 2022 and more recently, an understanding was reached with Pictou Landing. The department is currently in discussions with other Treaty Nations to reach understandings and authorize MLFPs in the 2022 commercial lobster fishing season.
• In the last Parliament, the House of Commons Standing Committee on Fisheries and Oceans undertook a study on the “implementation of Mi’kmaq treaty fishing rights to support a moderate livelihood.” A report with 40 recommendations was presented to the House in May 2021 before the Committee was dissolved ahead of the September 2021 federal election. Following the election, the newly constituted Committee re-tabled the moderate livelihood report from the previous Parliament in February 2022. A Government Response has been requested by the Committee and is expected to be tabled in the House of Commons in June 2022.

Background

• The fishery in SFAs 4-6 operates from April 1 to March 31, although ice conditions dictate when fishing activity typically begins in each SFA. The fisheries for Northern shrimp extend from the Labrador Sea/Hudson Strait to the Newfoundland Shelf. There are roughly 200 inshore and 17 offshore licences in this fishery, and special allocations are held by community and Indigenous groups.
• DFO has generally used a 20 per cent exploitation rate (ER) as a benchmark for healthy zone stocks and ERs between 10 and 20 per cent for cautious zone stocks. A maximum ER of 10 per cent is prescribed for stocks in the critical zone. The established PA Framework also contains a caveat that year-to-year increase or decreases in the TAC should “generally” not exceed 15 per cent unless the stock is declining precipitously. There is currently a plan in place to review and update the HDRs over the next two years in order to provide more clarity, addressing this provision as well as prescribed exploitation rates.
• The SFA 6 stock has been in the critical zone for six years. The management of SFA 6 has since been prescribed by the terms of its rebuilding plan, which directed managers in the short-term to develop a model while maintaining harvest at levels prescribed in the HDRs for stocks in the critical zone (i.e., no greater than 10 per cent ER).
• Quota sharing principles were developed beginning in 1997, creating special allocations to Indigenous organizations and community groups over time, including to Nunavut Inuit in their adjacent Atlantic waters. During this time, DFO’s Last-In, First-Out policy (LIFO) was introduced to manage new entrants to the Northern shrimp fishery when stocks were on the increase, with the caveat that these entrants would leave the fishery when quota decreased.
• The 2016 Report of the Ministerial Advisory Panel on DFO’s last-in/first-out policy (LIFO) recommended permanent proportional sharing. The report also indicated that Indigenous access considerations and relevant land claims agreements had to be taken into account. Improving Indigenous access to the fishery was a guiding principle used by the Panel to make their recommendations to the Department, which was accepted by the Minster. Consequently, the proportional sharing regime that replaced LIFO in southern areas also resulted in increased participation for Indigenous groups.
• In abolishing LIFO, the new sharing regime prescribed special allocations to Labrador-based Indigenous groups (Nunatsiavut Government, Innu Nation, and NCC). Indigenous groups in Nunavut, Nunavik and Labrador all have access to the Northern shrimp (Pandalus borealis) and Striped shrimp (Pandalus montagui) fisheries.
• Since 2015 Indigenous access has increased from 20.3 per cent to 36.3 per cent in SFAs 4-6. These shares include offshore allocations to Nunavut, Nunavik and Labrador Inuit (NG) via 1.5 offshore licences each, special allocations to the Innu, NCC and NG, as well as Nunavut and Nunavik shares of the Northern Coalition quota in SFA 5.
• Any modifications to the existing stable sharing arrangement would be viewed as a departure from stable shares and could bring about legal requirements through land claims provisions for other groups.
• Despite the per cent shares established in 2016 that increased Indigenous access to the fishery, all Indigenous groups that participate in this fishery have consistently requested greater access to SFAs 4-6 on the basis of adjacency and advancement of the Government’s reconciliation agenda.

Background

• The Minister’s mandate letter of December 16, 2021 includes a commitment to “advance consistent, sustainable and collaborative fisheries arrangements with Indigenous and non-Indigenous fish harvesters”.
• DFO employs collaborative arrangements with Indigenous peoples across all program areas, employing a variety of collaborative tools that range across a spectrum of collaboration – from participation in decision making to treaty-based defined roles in the fisheries management process.
• In the fisheries sector, there has been an increasing call from Indigenous peoples for greater roles in fisheries, underpinned by Canada’s support for the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
• The Fisheries Resources Reconciliation Agreement (FRRA) was originally signed by the parties in 2019, with a commitment to negotiate and finalize detailed schedules for collaborative fisheries governance and community based fisheries arrangements. These schedules and other amendments to the FRRA were negotiated between 2019 and 2021, and the Minister and the CFN signatories signed the amended FRRA, including the schedules, in July 2021, fully executing the FRRA on July 26, 2021.
• The FRRA is the first of its kind in BC to establish a collaborative fisheries management process by Canada and First Nations in the BC North and Central Coast, and Haida Gwaii. The governance model between DFO and the CFN member nations includes a collaborative engagement process with a wide range of stakeholders in British Columbia and consultation with other First Nations.
• The Departmental Results Framework is a public reporting tool that includes an expected result in the area of “Fisheries” for “enhanced relationships with, involvement of, and outcomes for Indigenous people”. The department measures progress by the number of agreements or arrangements signed with Indigenous groups, and the number of Indigenous people trained and/or employed through agreements.
• Progress and actions toward meeting Ministerial mandate commitments are tracked through a senior executive strategic priorities exercise on a quarterly or as-needed basis, which supports the mandate tracking exercise led by the Privy Council Office.

IF PRESSED FOR EXAMPLES OF COLLABORATION:

• Rights Reconciliation Agreements may provide defined roles for Indigenous communities in the management of fisheries, in collaboration with DFO. For example, additional flexibilities can be a means for Indigenous communities to meet fisheries management objectives that also align with departmental conservation goals.
• The Lobster Science Partnership Roundtable (summer 2021) brought together DFO scientists, Indigenous partners, academic and research institutions, industry organizations and provincial government representatives from the Maritimes and Quebec in a collaborative forum to discuss important science research questions and priorities related to lobster.
• Efforts to advance DFO’s Pacific Salmon Strategy and to guide a strategic and coordinated long-term response to issues of climate change, habitat loss and fishing pressures, are rooted in collaborative action in partnership with Indigenous peoples, provincial and territorial governments, harvesters, stewardship partners, academia, environmentalists, and other stakeholders working toward a common goal of stemming historic Pacific salmon declines.

Background

Ahousaht (Five Nuu-Chah-Nulth) First Nations

• In a 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 an Aboriginal right to fish for any species of fish (excluding geoduck) within their court-defined fishing territories [which extend offshore nine miles] and to sell that fish.
• Following the establishment of the right, the Five Nations and federal officials entered into negotiations and at the request of the Five Nations, a new negotiation process was launched in March 2017. On September 10, 2019 the Five Nations and Canada concluded an Incremental Reconciliation Agreement for Fisheries Resources.
• Throughout this time period, numerous other court actions have occurred, including the Five Nations seeking an injunction through federal court challenging DFO’s in-season Chinook salmon total allowable catch (TAC) adjustment, which increased the Area G commercial TAC for Chinook. On August 16, 2019, the injunction motion was dismissed by the court. In light of this decision, DFO managed that year’s salmon fishery respecting both the Fisheries Management Plan (FMP) for the Five Nations’ rights-based fishery and the Integrated Fisheries Management Plan (IFMP) that guides management of the broader salmon fisheries on the Pacific coast.
• DFO has and will continue to consult with Five Nations as it reviews and revises FMPs annually.
• The 2022/23 FMP is in place and rights-based sale fisheries are ongoing for salmon, groundfish, crab, and gooseneck barnacles. Fisheries for prawn and Sea Cucumber will occur later in the season.
• Canada and the Five Nations will continue to meet on a regular basis to negotiate a comprehensive reconciliation agreement for fisheries resources (RAFR) that includes, but is not limited to, increasing fishery access, a community based fishery and collaborative governance. A Reconciliation Funding Agreement is in place for 2022-23.

Area E Crab - Reduction in commercial trap limits

• As a result of the April 2021 BC Court of Appeal decision that directed DFO to reassess the crab allocation for the Five Nuu-chah-nulth First Nations within the Court Defined Area, the Department has increased the Five Nations’ crab allocation, which has a commensurate impact on commercial crab fishers in Crab Management Area E-Tofino (“Area E”) starting on April 1, 2022. The department is using a phased approach and will implement a portion of the allocation increase in the 2022/23 fishing season, and the balance of the increase in the 2023/23 fishing season.
• The Department understands the socio-economic impacts that this has for the regular commercial sector, and is working as quickly as possible to fully mitigate the impacts through voluntary licence relinquishments. However, this will take time and full mitigation is not in place for the start of the 2022-23 commercial crab season.
• On December 2, 2021, the Department reached out to the commercial crab sector about impacts in Crab Management Area E-Tofino starting on April 1, 2022 as a result of implementing the result of the BC Court of Appeal decision, which will see an increase to the Five Nations’ crab allocation within the Court Defined Area.
• Reaction has been strong as the Department did not have the resources to mitigate the impact of this increase in time for April 2022; however, the Courts stated an inability to mitigate access is not a justifiable reason to delay providing access needed to accommodate the right.
• In response to meetings the Department held with the commercial sector on December 15 and 23, 2021, the commercial sector sent a letter recommending: 1) licence relinquishment prior to providing increased access to the Five Nations, 2) an increased in the trap limit in Area E, 3) a reconsideration of the Five Nations’ allocation, and 4) compensation for affected licence holders in Area E.
• Unfortunately, none of the options presented by the commercial sector are possible: increasing crab traps would compromise the fishery management regime; percentages being offered to the Five Nations are reasonable based on analysis of the court decision; and the Department does not compensate for losses, but is looking to mitigate the allocation. A voluntary relinquishment process was launched on April 8, 2022 for Crab Area E – Tofino licence eligibility with a May 13 deadline for submissions.  
• The crab fishery management regime is comprised of effort controls (i.e. crab trap limits and vessel length restrictions), and time, area, and haul frequency restrictions in order to remain consistent with conservation objectives for the fishery.
• Conservation objectives focus on maintaining productivity in areas and times where high levels of handling result in mortality of female, undersized and soft-shell crab, and maintaining sustainability of the fishery through trap allocations.
• Increasing the total number of crab traps, as proposed by the BC Crab Fishermen’s Association, would increase fishing pressure on the stock by allowing more traps in the same area at the same time, which can have negative impacts on stock productivity.
• Increasing the number of traps would also escalate impacts on navigation, and increase the risk of gear fouling, lost gear, and whale entanglement. DFO continues to receive concerns about floats and lines as navigational hazards in small craft harbours, and outside coastal First Nations and non-Indigenous communities.
• The current Area trap limits were established in 2017 due to an increase in vessels selecting Area E-Tofino, which resulted in an increase in vessel traffic, crab trap congestion, gear conflict, and increased handling of crab. Redistributing the trap cap to the outside will not support smaller vessels that typically fish in more sheltered, inside waters.

Background

• There have been two recent examples of unilateral declarations within Aquaculture:
• Gwa’sala-‘Nakwaxda’xw First Nation announced on March 25, 2022 that it would be taking steps toward restoring traditional practices and connections between culture and economy as part of their self-determination journey by reasserting authority over their traditional homelands. The First Nation is planning to administer its own fisheries and aquaculture licensing regime, after what it sees as a failure of the Government to: a) conserve their fish stocks through permitting of overfishing and b) adequately mitigate impacts from resource development. For the Gwa’sala-‘Nakwaxda’xw, implementing local First Nations management practice is the only pathway to recovering fish stocks and supporting their local community economy at the same time. The Nations had made this assertion in response to recent concerns relating to marine finfish licence renewal, and concern that an important economic activity may be restricted. The community has indicated that it will assert its own jurisdiction related to the management of cultured and wild salmon in its territories.
• The Kyuquot Chekleseth First Nation indicated in April 2022 an intent to pursue the farming of Northern Abalone within its Territory as an means of supporting the natural return of abalone in Kyuquot Chekleseth waters and for providing access of this culturally important food to its members and other First Nations, which the Nation says has been denied to them since the failure of the commercial abalone fishery. Northern Abalone is listed as endangered under schedule 1 of the Species at Risk Act with an allowable harm level of zero. The proposed plan is to use abalone collected from its territory as brood stock for producing abalone seed at a local hatchery which will then be raised to “out-planting” size in a land-based nursery for eventual transfer to ocean-based cages for a 3.5 year grow-out period. The brood stock will be collected by Kyuquot Chekleseth members and returned unharmed to their ocean habitat once they have spawned in the hatchery. Kyuquot Chekleseth First Nation says it will follow its traditional laws and protocols in protecting not only the environment but also the wild and farmed abalone stocks while undertaking its abalone aquaculture program. The Nation believes that the farmed abalone will also eventually spawn producing larvae which will escape into the ocean and support natural recruitment, enhancing the wild populations in the process. Aquaculture, and particularly commercial culture of a SARA listed species, would pose significant issues to the department in terms of brood stock collection, holding of animals in captivity, and sale, possession, and capture of an endangered species. There are also potential conservation concerns to the species from out-planting activities and brood stock removal.
• There have been several recent examples of unilateral declarations pertaining to Pacific salmon fisheries including:
• The Lower Fraser River Fisheries Alliance (representing 26 member Nations) issued notification in April 2022 that member Nations intend to harvest Chinook salmon in the lower Fraser River for ceremonial purposes on a bi-weekly basis and in accordance with individual First Nation needs in absence of licence or authority from DFO. Harvest of Fraser River Chinook salmon is prohibited (with very limited exceptions) prior to August to provide protection for stocks of conservation concern which are currently at a very low level of abundance.
• The Dzawada’enuxw First Nation (BC Central coast) has informed DFO that a portion of their traditional territories is “closed” to commercial and recreational fishing and fishery participants are not welcome within their territory.
• First Nations in Northern BC (Skeena and Transboundary Rivers) have identified their intent to proceed with Pacific salmon fisheries in absence of authorization from DFO citing the inherent rights defined within the Constitution.
• Fraser River First Nations have identified that they do not intend to comply with any “DFO imposed harvest targets” for Fraser River sockeye salmon in 2022, but rather will follow the First Nation developed “Consolidated Fishing Plan” to achieve fishery needs.

Background

SARA Listing Decision

• American eel is currently being considered for listing as a threatened species under the Species at Risk Act (SARA). If listed under SARA, automatic prohibitions would come into play: 1) against killing, harming, harassing, capturing or taking an individual; and, 2) against possessing, collecting, buying, selling or trading them. In addition, recovery planning requirements would apply, and (once critical habitat is identified) a ministerial order would be required to trigger a further prohibition against critical habitat destruction.
• [Information was severed in accordance with the Access to Information Act.]
• If American eel were to be listed, exemptions to SARA prohibitions could only be considered if information was available that indicated that the activity would not jeopardize survival and recovery of the species. However, it is important to note that commercial fisheries could not, in effect, be exempted from application of the prohibitions in this way because exemptions can only be applied to federally-permitted activities, which do not include sale of caught fish.
• Because all American eel originate from the same spawning location in the Sargasso Sea and are therefore all of the same genetic makeup, they are considered a single global population. American eel were therefore assessed as threatened in 2012 by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) as a single Designatable Unit (or population) in Canada. When migrating, American eels are not affiliated with any particular river system. For these reasons and despite claims by some to the contrary, the science points to the fact that, regardless of the life-history stage (larval, juvenile (elver) or mature) and regardless of geographic location (e.g., Atlantic Ocean, freshwater rivers, Great Lakes) all individuals contribute to this one threatened population. Threats and population declines in one area, even if not evident elsewhere, impact the entire population.
• Concerns have been expressed by the elver fishing industry that a SARA listing of American eel as threatened, would result in significant socio-economic impacts resulting from closure of the fisheries. The elver industry maintains that the threats to American eel occurs at the later stages of their life-cycle (mature eel stage) and that the elver population is healthy.
• In terms of a potential listing of the American eel under SARA, the Government of Canada decision-making must reflect the scientific Designatable Unit structure as defined by COSEWIC. Listing only a life stage of American eel or a geographic range of American eel is not possible under SARA as it is currently written. Regardless of whether listed under SARA, American eel fisheries are managed under the Fisheries Act.

Elver Fisheries in Maritimes Region

• Fisheries and Oceans Canada (DFO) authorizes a limited entry commercial elver (eel under 10 cm) fishery with nine licence holders and is managed at the watercourse level using both a total allowable catch (TAC) and specific river catch limits to help prevent overexploitation.
• Of the nine licences, eight licences are held by commercial enterprises, with some being used to support share holder arrangements, and one is held by We'koqma'q First Nation as a communal commercial licence issued under the Aboriginal Communal Fishing Licences Regulations (ACFLRs).
• The opening date is based on the elvers’ return to the rivers. On the south shore of Nova Scotia, the return is early to mid-March and by mid to late April for rivers on the eastern shore of Nova Scotia and southwest New Brunswick.
• Since 2005, the annual TAC has been set at 9,960 kg with eight licences receiving individual quotas of 1,200 kg and one licence receiving 360 kg.
• Economically, the elver fishery has become extremely lucrative, with landed value rising from

$450 per kg in 2009 to $3,800 per kg in 2021, which included a peak value of $5,100 per kg in
2019. In comparison to other commercial fisheries, the investments required to harvest in
this fishery are relatively low whereby licence holders and their designates only require a river
location, simple in-river structures to trap portions of the run, dip nets to remove the elvers into
containers, and storage methods to keep them alive throughout the supply chain.

• All food, social, and ceremonial (FSC) licences in the Maritimes Region include a minimum size for American eel. Therefore, elver fishing is not permitted under an FSC licence, nor is sale of fish permitted under an FSC licence.
• In April 2020, the number of fishers outside the commercial fishery neared the number of participants in the commercial fishery. Fishing disputes and threats of violence were reported to DFO Conservation and Protection and local police. In 2020, Fisheries Management Orders were signed by the Minister closing the elver fishery due to threats to conservation and the proper management and control of the fishery.
• Assertions of rights-based fishing were reported in the Maritimes Region in 2021 and were subject to enforcement response in some cases. A total of 47 people were arrested or investigated for unauthorized elver fishing in 2021, and a total of 127 kg of unauthorized elver were seized along with vehicles and other equipment. These files were turned over to the Public Prosecution Service of Canada (PPSC) for their review and decision as to whether to proceed to court.

Support for Increasing Indigenous Participation

• Many First Nations assert the commercial harvest of elvers falls within the Peace and Friendship Treaty right to fish and sell the catch in pursuit of a moderate livelihood, affirmed by the Supreme Court Marshall Decisions. [Information was severed in accordance with the Access to Information Act.] Nevertheless, DFO has committed to supporting increased Indigenous participation in commercial fisheries in line with the Government of Canada’s reconciliation agenda.
• On Tuesday, April 13, 2021, the then Minister communicated with media that negotiations go beyond just lobster and includes all species. Further, she stated that DFO will continue to work with communities via negotiations to see if there is a way to exercise that right.
• On February 24, 2022, DFO sent a letter to existing commercial elver licence holders explaining the Department was considering an interim measure for 2022 of individual quota reductions for current licence holders so that Indigenous commercial communal access to the fishery could be increased. The letter requested written feedback from those who wished to make representations to be considered before a decision was made. All nine licence holders provided written representations and they are now being analyzed by DFO staff.
• Prior to a decision being taken, DFO also met with licence holders on more than one occasion to seek input on the interim measure, and received additional written feedback. All of the information received was considered.
• On March 28, 2022, the Minister decided to reallocate 1,200kg of the 2022 elver quota to be redistributed to increase Indigenous participation in the fishery, and to date two (2) licences to support this access have been issued. One in support of the Kespukwitk Elver Livelihood Fishing Plan and negotiated with the KMKNO in support of fishing by Acadia, Bear River, and Annapolis First Nations, and one in support of the Wolastoqey Livelihood Fishery Specific-Interim Kutisis (elvers) Fisheries Management Plan and negotiated with the WNNB in support of fishing by Tobique, Madawaska, Woodstock, Kingsclear, St. Mary’s and Oromocto First Nations.
• The Department continues to engage with other interested First Nation communities on their plans to enter into the 2022 commercial elver fishery. Engagement with all participants on a longer term approach will occur ahead of the 2023 season.

Background

• Through the renewal of the Oceans Protection Plan, the Canadian Coast Guard (Coast Guard) is advancing a suite of initiatives under the Coastal Marine Response Network that will augment marine emergency response capacity across Canada. This will build a network of marine emergency responders, including Indigenous and coastal communities. This increased response capacity will be achieved through support for training, on-water exercises, funding for response equipment and tools to build a network of responders across Canada, with a particular emphasis on remote communities.
• The Coast Guard is working with partners and building on previous investments and initiatives to strengthen its Emergency Response Readiness across multiple response programs. Elements to ensure effective readiness include having the right resources, both personnel and equipment; developing mature response plans, policies and procedures; completing relevant training and exercising; and having personnel poised to respond to emergencies on short notice.  
• Training: Coast Guard provides operational training to staff to support effective emergency response preparedness. Training focuses on environmental response, search and rescue and the Incident Command System. Coast Guard also provides training to partner agencies to align best practices and conduct exercises in order to better coordinate responses to emergencies.
• Response Planning/Resources: Coast Guard consistently and effectively leverages its wealth of operational knowledge, experience, and modern equipment when responding to emergencies. A hierarchy of plans, policies and procedures guides Coast Guard in effectively responding to emergencies, either individually or in collaboration with other partner agencies. Additionally, Coast Guard is assembling an Emergency Management Planning team to oversee and update emergency response specific documentation to align internal response plans and provide support to the Department of Public Safety to further develop a coordinated whole-of-government approach to emergency response.
• Response Mobilization: Coast Guard’s mobilization and coordination for emergency response is initiated through its various operations centers across the country as well as the National Coordination Centre and uses existing relationships, processes and procedures to respond to emergencies either individually or in collaboration with other first responders. For whole of government responses, the Government Operations Centre at Public Safety provides the coordination role amongst implicated departments and agencies. 
• Response Coordination: Coast Guard has well-established the Incident Command System capacity that allows for effective integration and coordination with partners during incident response. The well-established principles and features of Incident Command System enable representatives from various departments with different mandates to come together and work harmoniously using a single methodology.

Background

• Coast Guard’s mandate and program authorities are conferred under the Oceans Act, 1996; the Canada Shipping Act, 2001; and, Constitution Act, 1982. Coast Guard is responsible for key maritime safety programs such as aids to navigation, waterways management, marine pollution response, icebreaking, marine communications and traffic services (MCTS), search and rescue, and support of other federal departments, boards and agencies by providing ships, aircraft and other marine services.

Marine Navigation Programs

• Coast Guard’s Marine Navigation Programs provide the foundation for safe and efficient marine navigation in Canada’s oceans and waterways and include the following programs:
• The Marine Communications and Traffic Services (MCTS) program provides safety radio-communication services, and vessel traffic services on a 24/7/365 basis.
• The Aids to Navigation program provides over 17,000 short-range marine aids , including visual aids such as fixed aids, lighthouses and buoys), audible aids such as fog horns, radar aids such as reflectors and beacons, and long-range marine aids, including electronic aids.
• The Waterways Management program provides channel management and design to ensure optimization and accessibility of waterways and contribute to their safe use.
• The e-Navigation team supports CCG fleet and programs to improve shipping through better organization and exchange of data and communications between ships and with shore.
• The Icebreaking program provides icebreaking and related services to facilitate the safe and timely movement of maritime traffic through and around ice-covered Canadian waters for the benefit of industry and communities.
• Coast Guard marine safety responsibilities are also aligned with Transport Canada legislation and regulations to ensure a whole-of-government approach to marine safety.
• Transport Canada regulations underpin activities in Canadian waterways, direct the behaviour of vessel operators, and shape expectations for the delivery of marine navigation services. Coast Guard is responsible for implementing Transport Canada’s Vessel Traffic Services (VTS) Regulations through its MCTS program for the safe, efficient, and economical movement of vessels in Canadian waters. These regulations are also linked to Coast Guard’s implementation of e-Navigation.
• Coast Guard is participating in Transport Canada’s process to review and update VTS regulations to ensure a modern approach to maritime safety and vessel traffic services.
• Canadian Coast Guard is an organization committed to the safety and security of its employees, property and environment. CCG uses integrated safety management system (SMS) on board vessels and at shore based locations. The SMS allows an effective safety culture by providing structured and integrated approach to control safety risks in operations to prevent workplace injuries, illness and fatalities and to maintain safe operations. The CCG SMS includes polices and procedures for hazard identification, incidents reporting, risk management and monitoring compliance.

Environmental Response

• Environmental Response is the operational arm of the Coast Guard responsible for ensuring an appropriate response to ship-source, oil handling facilities during loading or unloading to ships, and pollution incidents where the source is unknown in Canadian waters.
• The Coast Guard assumes an on-water response presence when the polluter is unavailable, unable, or unwilling to do so.
• Canada has adopted the polluter pay principle in legislation and requires polluters to pay for the cost of marine cleanup and pollution damage. Coast Guard’s costs with respect to the response may also be recovered from the polluter.
• An industry funded pollution response capacity exists whereby potential polluters pay for the cost of preparedness for the environmental risk posed by their operations. These costs support the capacity of the Response Organizations. Response Organizations are certified every three years by Transport Canada.
• Environmental Response works collaboratively with First Nations and coastal communities to develop area response plans, notification processes and provide training and equipment.
• Environmental Response integrates science and local Indigenous knowledge into preparedness and response activities.

Search and Rescue

• In Canada, Search and Rescue is a shared responsibility among federal, provincial/territorial and municipal organizations, as well as volunteer organizations.
• The Canadian Coast Guard is responsible for the provision of the maritime* component of the federal Search and Rescue system, including coordination of an effective response, provision of response resources, as well as monitoring distress communications through MCTS centres and relaying these to rescue centres for action.
• Working together with the Canadian Armed Forces, the Coast Guard operates three Joint Rescue Coordination Centres, located in Halifax, Trenton, and Victoria. These jointly staffed centres are manned 24-hours a day, seven days a week.
• Furthermore, the Canadian Coast Guard operates two Maritime Rescue Sub-Centres in Quebec City, and St. John’s NL to further assist with coordination efforts.
• The Coast Guard operates 45 dedicated Search and Rescue stations, including a hovercraft station (Sea Island/Vancouver, British Columbia) with Coast Guard’s only dive team (available 24/7), 26 seasonal inshore rescue boats and patrol mode vessels provide SAR coverage for 6 offshore SAR zones. These primary SAR assets maintain a 30-minute or less reaction time.
• Plus, more than 80 multi-tasked vessels and 22 helicopters are able to provide additional SAR capacity (secondary SAR resources must achieve a one hour reaction time).
• Additionally, the Canadian Coast Guard Auxiliary (CCGA), a national network of non-profit organizations, augments on-water response capacity with more than 4,000 volunteers operating about 1,000 vessels across Canada, including units within more than 30 Arctic communities. The CCGA responds to on average 25% of all calls for maritime assistance annually.
• The Indigenous Community Boat Volunteer Pilot Program (ICBVP) provided Indigenous communities with funding to purchase vessels and equipment required to establish or enhance their on-water SAR capabilities as members of their local CCGA organizations.
• ICBVP was launched nationally in 2017-18; the southern portion of the project was previously funded under the 2014 World Class Tanker Safety System, and the Arctic expansion was funded under Canada’s 2016 Oceans Protection Plan (OPP). This four-year pilot program was set to expire in March 2021. However, Budget 2021 identified $2.3M in funding for the continuation of the ICBVP for one more year to align with other OPP projects, which ended March 2022.
• Under the ICBVP, more than 40 Indigenous communities were provided almost $12M in funding to support them in establishing or enhancing their on-water response capacity.
• * The term ‘maritime SAR’ is not defined in any Canadian Act of Parliament, however, it is defined in international conventions that Canada is a signatory to, such as the International Convention on Maritime Search and Rescue, 1979. As such, Canada has adopted the following definition from the Convention, and its Protocol of 1998 - Maritime incident: a SAR incident on the water involving a vessel or person(s) from a vessel, including the medical evacuation (medevac) of persons(s) from a vessel.

Canadian Coast Guard College

• The Canadian Coast Guard College, under the direction of the Personnel Branch, is responsible for the delivery of training for Operational personnel. This includes the Officer Training Program and the Marine Communications and Traffic Services program. The CCGC also provides training for Search and Rescue and Environmental Response.
• The training is designed to meet the certification standards for Canadian Seafarers, as administered by Transport Canada, as a signatory to the International Maritime Organization’s STCW 1995 Convention. This ensures the availability of highly certified marine personnel to provide program delivery critical to maintain a safe and secure marine environment.
• The CCGC is committed to taking an active and intentional approach to the identification, development, design and delivery of training opportunities to meet current and projected needs of the Canadian Coast Guard.
• The Training Development and Academic Support (TDAS) is a new College Directorate created to support the modernization of the learning environment as well as the delivery of learner support services. This will ensure that Coast Guard personnel are fully capable of performing their jobs effectively, and are assisted in making their career and personal aspirations a reality – a key factor in the recruitment and retention of a high caliber work force, regardless of geographical work location.

Background

• The Port Renfrew multi-purpose marine response facility (Marine Safety Centre, or MSC) began as a search and rescue (SAR) station approved under the 2016 Oceans Protection Plan.
• An accommodation measure under the 2019 reconsideration of the Trans Mountain Expansion (TMX) project expanded the scope to include environmental response services to address Pacheedaht First Nation’s (PFN) concerns over oil spills.
• In a letter to PFN dated August 12, 2019, the former Minister of Fisheries, Oceans and the Canadian Coast Guard confirmed the Department’s commitment to work with PFN to realize the shared vision for the MSC.
• PFN has been very clear that in addition to the TMX accommodation, the MSC must enable the much-needed economic development opportunities for the Nation to achieve reconciliation (e.g., tourism, employment, lease revenues). The MSC, in PFN’s opinion, must also enable PFN to regain control of and protect sacred burial caves with historical and cultural significance to the Nation.
• The land requirement for the MSC supported by the Ocean Protection Plan initiative and the accommodation measure differs greatly from the land requirement for the MSC envisioned by the PFN.
• The MSC would strengthen Coast Guard’s capacity in the Strait of Juan de Fuca, enabling a more timely response to a marine incident, and enabling PFN’s participation in response to a marine pollution incident.
• A joint Memorandum of Understanding (MOU) between PFN and Coast Guard was signed on June 29, 2020, capturing the shared vision for the MSC and highlighting the relationship and partnership between the two organizations. The MOU also outlines a governance structure, roles and responsibilities and facilitates a consensus-based decision-making process throughout the development of the MSC.
• Land purchase discussions for the placement of the MSC remain active and ongoing.
• The October 2021 fire aboard the M/V Zim Kingston and subsequent loss of 109 cargo containers approximately 38 nautical miles west of Juan de Fuca Strait entrance have caused the PFN to press for a renewed focus to expedite establishment the MSC.
• Coast Guard continues to engage with the PFN on multiple subjects. On March 29, 2022, an introductory meeting took place between Coast Guard’s new Assistant Commissioner (AC) of Western Region and PFN’s leadership, including Chief Jeff Jones. This meeting was positive and both organizations expressed a desire to continue discussions on the MSC. A subsequent in-person meeting has been scheduled for May 10, 2022 and senior management from the Coast Guard Western Region, including the AC, and PFN leaders are expected to attend. Agenda topics include land acquisition options; SAR and environmental response capability plans, partnership and relationship-building, and identifying action items for the next three months.
• During the 2021-22 fiscal year, under the Co-Developing Community Response TMX accommodation measure, Coast Guard provided over $640,000 in contribution funding (Vote 10) to PFN for on-going engagement relating to TMX issues, including the MSC, as well as for assessment work related to property acquisition in support of the MSC.

Background

• Renewal of the Canadian Coast Guard fleet is underway. Funded replacement plans are currently in place for the large vessel fleet, including:
• Three Offshore Fisheries Science Vessels, which have all been delivered;
• One Offshore Oceanographic Science Vessel (OOSV);
• Two Polar Icebreakers;
• Up to 16 Multi-Purpose Vessels (MPV);
• Two Arctic and Offshore Patrol Ships (Coast Guard variants of ships currently in construction for the Department of National Defence); and
• Up to six Program Icebreakers.
• The National Shipbuilding Strategy (NSS) is delivering ships for the Canadian Coast Guard. The first Offshore Fisheries Science Vessel, CCGS Sir John Franklin, was delivered by Vancouver Shipyards on June 27, 2019. The second ship, CCGS Capt. Jacques Cartier, was delivered on November 29th 2019 and the third and final ship, CCGS John Cabot, was delivered on October 9, 2020.
• Construction work is currently underway on the OOSV following cut steel in March 2021. Ancillary contract work is ongoing on the MPV project at Vancouver Shipyards (VSY) following the August 2020 contract award. Additionally, Ancillary contract work has commenced on Polar-VSY to finalize the design and prepare for comprehensive construction engineering.
• Coast Guard is also renewing its small fleet. Twenty-two new small vessels have already been delivered, including two new Channel Survey and Sounding Vessels and 11 new Search and Rescue Lifeboats that have joined the fleet in the past few years. The most recent Search and Rescue Lifeboat was accepted on May 25, 2022. An additional eight Search and Rescue Lifeboats will be constructed at Hike Metal Products, in Wheatley, Ontario and Chantier Naval Forillon, in Gaspé, Quebec and design work is ongoing on a new Near-Shore Fishery Research Vessel.
• Coast Guard has also completed the renewal of its helicopter fleet with delivery of sixteen new light-lift helicopters and seven new medium-lift helicopters. Coast Guard acquired the 16th light helicopter in September 2021.
• The Coast Guard is putting in place interim measures and investing in vessel life extension work to ensure continued delivery of critical services and minimize impact on our programs until new ships are delivered. This includes:
• A comprehensive Vessel Life Extension program to maintain the current fleet operational as new ships are being built;
• Acquisition of three interim icebreakers- the first, CCGS Captain Molly Kool, came into service December 2018. The second, CCGS Jean Goodwill, joined the Coast Guard fleet in late 2020. Delivery of the third ship, CCGS Vincent Massey, is expected in summer 2022; and,
• Acquisition of one light icebreaker, which was delivered to Canada in January 2022. It is currently located at the Coast Guard base in Prescott and, similar to the three medium icebreakers, will require refit work before entering into service.

Announcements:

• On May 22nd, 2019, the Prime Minister announced a renewal of the Canadian Coast Guard fleet with up to 18 new large ships built in Canadian shipyards, helping the Coast Guard continue to deliver its important services, and creating good, middle class jobs across the country.
• Total funding for the 18 large ships is $15.7 billion, which represents early estimates of project budgets including construction, logistics and support, contingency, project management and infrastructure costs. The costs of each ship class will be announced following contract negotiations.
• Irving Shipbuilding will build two non-combat Arctic and Offshore Patrol Ships, which will be adapted for the Coast Guard to perform a range of critical mission, including Northwest Atlantic Fisheries Organizational patrols.
• Vancouver Shipyards will build up to 16 Multi-Purpose Vessels to support a variety of missions, including light icebreaking, aids to navigation, environmental response, and offshore search and rescue.
• At the time, 16 Multi-Purpose Vessels were expected to replace the Polar Icebreaker in Vancouver Shipyards’ program of work, as the Government explored options to ensure the efficient delivery of the Polar Icebreaker.
• On August 2, 2019, the Government of Canada announced that up to six new Program Icebreakers would be constructed for the Canadian Coast Guard.
• The total value of the investment was not announced to ensure value for money is achieved in the contracting process.
• The Government intends to add a third strategic partner for large ship construction under the NSS to build the six Program Icebreakers. This additional shipbuilding capacity is needed to meet Coast Guard’s urgent requirements for replacements for its aging Medium and Heavy Icebreakers.
• The Government of Canada issued an Invitation to Qualify (ITQ), to establish a short list of shipyards that demonstrate they meet the initial, defined requirement to build six program icebreakers for the Canadian Coast Guard. In December 2019, it was announced that Chantier Davie had pre-qualified to become the third shipyard.
• The Request for Proposal was released to Chantier Davie in late July 2020 and initially concluded in July 2021. A revised bid was submitted by Chantier Davie in April 2022. Evaluation work is still ongoing and is expected to be completed in 2022.
• The Government of Canada will also proceed through a competitive process with the design of a new class of smaller ships, the new Mid-Shore Multi-Mission ship, which would complement the work of the large fleet in shallow areas and deliver mid-shore science activities.
• On May 6, 2021, Canada announced the procurement of two Polar Icebreakers for the Canadian Coast Guard. One will be built at Vancouver Shipyards and the other is expected to be constructed at Chantier Davie, once it qualifies to become the third shipyard under the NSS.

Background

• The Canadian Coast Guard is building new ships to renew its fleet. Funded replacement plans are currently in place for the large fleet, including:
• Three Offshore Fisheries Science Vessels, all of which have been delivered;
• One Offshore Oceanographic Science Vessel;
• Two Polar Icebreakers;
• Up to 16 Multi-Purpose Vessels;
• Two Arctic and Offshore Patrol Ships (Coast Guard variants of ships currently in construction for the Department of National Defence); and
• Up to six Program Icebreakers.
• Coast Guard is also adopting interim measures to minimize service interruptions for clients until replacement vessels come online. This includes:
• A comprehensive Vessel Life Extension program to maintain the current fleet operational as new ships are being built;
• Acquisition of four interim icebreakers to backfill for ships while Vessel Life Extension work is undertaken. This includes:
• Three interim icebreakers with “medium” icebreaking capabilities: The first, CCGS Captain Molly Kool, came into service December 2018. The second, CCGS Jean Goodwill, joined the Coast Guard fleet in late 2020. Delivery of the third ship, CCGS Vincent Massey, is expected in summer 2022; and
• A fourth interim icebreaker with “light” icebreaking capabilities: Coast Guard awarded a contract for the Light Icebreaker to Atlantic Towing Limited (ATL) on September 22, 2021 and acquired the vessel from a company registered in Kazakhstan. The ship arrived in Canada in early January and final acceptance took place on January 27, 2022.

Background

• The Medium Icebreakers were acquired to backfill for large Coast Guard vessels undergoing Vessel Life Extension work, by providing vital services until new vessels come into service.
• The first icebreaker, CCGS Captain Molly Kool, entered into service in December 2018.
• Following a 10 week regulatory refit period at Chantier Davie, the CCGS Captain Molly Kool departed for St. John’s, Newfoundland and Labrador on December 19, 2020 for the 2021 ice-breaking season.
• The second icebreaker, CCGS Jean Goodwill, was delivered to the Coast Guard following conversion in November 2020. The vessel entered into service June 2021.
• The third vessel, CCGS Vincent Massey, remains at Chantier Davie for conversion, with an anticipated delivery in summer 2022.

Background

• On December 16, 2021, The Parliamentary Budget Officer (PBO) released a report on the Polar Icebreakers. Coast Guard fully cooperated with the development of the report.
• Initial estimates for one Polar Icebreaker were developed back in 2009 and 2012. Coast Guard recognizes that initial cost and schedule expectations were not realistic as there was not a fully understanding of what was involved in modern large vessel construction in Canada. Items such as engineering costs, construction, project management, and contingencies were underestimated.
• To support the 2021 decision to procure two Polar Icebreakers, Coast Guard has calculated a cost estimate in accordance with Treasury Board guidelines on cost estimating. This estimate should be considered Rough Order of Magnitude and was prepared using preliminary design specifications. Details of this estimate were fully disclosed to the PBO to assist in their analysis.
• A substantive cost estimate will not be available until the engineering and build proposals are received and negotiations occur with the two shipyards. The final budget for the Polar Icebreakers will be released once build contracts are signed for both Polar Icebreakers.
• On July 7, 2021, Canada awarded the Ancillary Contract to Vancouver Shipyards (VSY) to finalize the design and undertake work in preparation for comprehensive construction engineering. This contract was awarded following the signing of the revised Umbrella Agreement, which added the Polar Icebreaker back into the queue at VSY, in May 2021.
• Work on the other Polar Icebreaker is tentatively expected to commence in 2022, once the third shipyard is officially part of the National Shipbuilding Strategy, and the Ancillary Contract is signed.
• On May 6, 2021, Canada announced the procurement of two Polar Icebreakers for the Canadian Coast Guard. One will be built at Vancouver Shipyards and the other is expected to be constructed at the third shipyard, once it qualifies under the NSS.
• On May 22, 2019, it was announced that a long production run of up to 16 Multi-Purpose Vessels for the Canadian Coast Guard would replace the Polar Icebreaker in Vancouver Shipyards’ program of work. The Umbrella Agreement with VSY was amended to reflect that decision.

Background

• In 2015, the Government introduced multi-year licensing for British Columbia (BC) aquaculture, and the majority of marine finfish licences and associated conditions of licence were issued in 2016 for six-year terms, with expiry dates of June 30, 2022.
• The exceptions were 19 farms located in the Discovery Islands area, which have been issued annual licences since 2010. During that time, research was conducted on the risk of pathogen transfer from farms to migrating Fraser River sockeye. This research demonstrated no more than minimal risk to wild stocks.
• On December 17, 2020, following consultations with First Nations, the 19 Discovery Islands area licences were renewed to align with the other licence expiries in BC and the Minister at the time announced the decision not to renew those Discovery Islands licences beyond June 30, 2022.
• On April 5, 2021, the Federal Court granted an injunction in favour of Mowi Canada West et al. that prevents the Department from taking into account the December 16, 2020, policy decision that prohibits the transfer of fish to aquaculture facilities in the Discovery Islands. The Minister has since denied a series of applications to transfer fish into the Discovery Islands sites, from a number of applicants, after duly considering the individual factors in each case.
• On April 22, 2022, the Federal Court rendered its ruling on the judicial review of the former Minister’s December 17, 2020, decision to phase out net pens in the Discovery Islands. The Crown was not successful in this review. The Department is currently reviewing the decision before deciding on next steps.
• Departmental staff have finalized engagement on marine finfish licence reissuance. Decisions on the reissuance of marine finfish licences, with updated conditions of licence, will be made and communicated ahead of the June 30, 2022, expiry date.
• A decision on the approach to licensing in the Discovery Islands will be informed by analysis of the Court decision and is expected to be communicated soon.

Broughton process and British Columbia’s Salmon Aquaculture Policy

• In 2018 the BC Government, First Nations in the Broughton Archipelago, and the aquaculture industry concluded a Letter of Understanding that will see the decommissioning of 17 sites in that region by 2023. As part of the Broughton announcement, the Province also committed to a policy (the “Salmon Aquaculture Policy”) requiring that by June 30, 2022, for the purpose of future aquaculture tenure renewals and approvals, applicants must have negotiated agreements with the First Nation(s) in whose territory the proposed tenure is located and that the applicant must satisfy DFO that operations will not adversely impact wild salmon stocks (satisfied by having a valid DFO licence).
• DFO was not involved in the Broughton process, nor the development of the BC Government’s Salmon Aquaculture Policy for tenure renewals.

Background

• Conserving Pacific salmon and their habitats is a top priority for the Government of Canada. The sustainability of salmon stocks have been of particular concern, as abundance of Pacific salmon have generally declined since the early 1990s.
• There are continued calls from numerous groups about the need for transformative action to address Pacific salmon declines. Along with ecosystem changes, other factors that can affect wild salmon include fisheries, hatcheries, disease, and contaminants. There are many gaps in our understanding regarding how all factors act – alone or cumulatively – to affect salmon population trends, and how these factors interact with climate change.
• Budget 2021 announced $647 million for the Pacific Salmon Strategy Initiative (PSSI) aimed at supporting conservation, habitat restoration, and salmon enhancement, among other activities. Marine finfish aquaculture is outside the scope of the PSSI, but is another factor identified as potentially impacting wild Pacific salmon.
• Fisheries and Oceans Canada (DFO) has research and monitoring programs to assess the interactions and impacts of marine finfish aquaculture on the environment. The programs include the collection of information at the farm level, and broader research on the risk of pathogen transfer from farms to migrating Fraser River sockeye, which demonstrated no more than minimal risk to wild stocks. DFO adapts its management as new research emerges and acknowledges the importance of taking a precautionary approach to support conservation of Pacific salmon and their habitats.
• Close collaboration with Indigenous partners and the Province of British Columbia (BC) will be key to the successful development and implementation of a responsible plan to transition net-pen salmon farming in coastal BC.
• In the summer of 2020, departmental officials created a federal/provincial/Indigenous governance body to oversee and lead the development of the plan. The governance body began meeting virtually in the fall of 2020.
• On December 14, 2020, Parliamentary Secretary Beech commenced a series of engagements on the transition of net-pen aquaculture in BC. The as-was-heard report was published in July 2021.
• Departmental officials will build upon the Parliamentary Secretary’s report and the analysis and recommendations of the Indigenous and multi-stakeholder advisory body’s three technical working groups to inform development of the plan. Budget 2021 provided support to the Department to expand engagement with the Province of BC, Indigenous communities, industry, scientists, and other stakeholders.

Background

Sea Lice

• Sea lice are naturally occurring parasitic copepods that have lived in coastal waters for thousands of years. Wild salmonids (adult and juvenile) and non-salmonids host sea lice but the levels vary with fish species, age of fish, environmental conditions, location and temporally (seasonally/annually/daily) as well as with sea lice species.
• Salmon stocked into marine cages are initially free of sea lice, but may acquire sea lice infestations from wild marine fish or from other farmed fish in the area. The result is that many salmon farming areas experience some level of sea lice infestations.
• Serious fish health issues can occur when salmon are heavily infected by sea lice. This is especially true for farmed Atlantic salmon in the Atlantic provinces. Sea lice feed on the skin and associated mucus, and when present in high numbers their feeding activities can lead to the development of open wounds. Damage caused by sea lice feeding may increase the opportunity for infection with pathogens, cause stress, and can ultimately lead to the death of the host. Disease impacts resulting from sea lice infestations are mainly known to occur on salmon farms when infestation rates are extremely high.
• Transmission of sea lice between and within wild fish populations and salmon farms is known to occur; however, the dynamics of transmission of sea lice between and within wild fish populations and salmon farms will depend on a multitude of environmental and biological factors, and will be site and time-dependent. The period of outmigration of juvenile wild salmon represents the period of highest risk of sea lice infestation to wild salmon.
• Across Canada, sea lice on farmed salmon are typically managed through harvesting, topical pesticides, in-feed medications and a variety of other non-chemical treatments. In recent years, mechanical removal of lice has been applied. Licensed veterinarians use in-feed drugs and pesticides authorized for use by Health Canadato treat fish at aquaculture sites. Veterinarians consider a variety of site-specific information to determine the appropriate prescription for maintaining the health of farmed fish.
• DFO scientists have undertaken more than 15 years of intensive research to improve our knowledge and understanding of sea lice biology. Ongoing research efforts aim to determine the potential impacts of sea lice to wild salmon populations including modeling sea lice infections on wild salmon under various farm sea lice management regimes, sea lice tolerance to various environmental conditions, host-parasite interactions, impacts of co-infections, and non-chemical treatment options.

Infectious Salmon Anaemia Virus (ISAV)

• Infectious salmon anaemia (ISA) is a reportable disease listed under the federal Health of Animals Act, promulgated by the Canadian Food Inspection Agency (CFIA). Infection with the virus can result in death rates of up to 90 per cent in the affected farmed finfish populations. However, only some strains of the virus cause disease and potentially kill finfish. Most of the virus strains identified in the Atlantic region do not lead to disease or death.
• Outbreaks of this disease have been reported in Atlantic Canada on salmon fish farms since 1996. There have been concerns expressed in the past on the potential impact of these outbreaks on wild salmon stocks. To date, there have been no reports of any wild species of fish in Atlantic Canada being diseased.
• Although outbreaks of ISA occur in farmed Atlantic salmon, other fish species have been experimentally infected without showing clinical signs of the disease. Most Pacific salmon and rainbow trout are resistant to the disease.
• ISA has been tested for routinely in BC for over a decade, and has never been found. It is not considered to be endemic in BC.
• Fisheries and Oceans Canada (DFO) works in collaboration with the CFIA to deliver the National Aquatic Animal Health Program to protect Canada’s aquatic animal’s resources and productivity by reducing the potential for the introduction and spread of aquatic animal diseases. DFO provides the diagnostic testing, research and science advice in support of CFIA’s regulatory role.
• Over the years, DFO’s Science sector has undertaken scientific research characterizing ISA and improving detection methods, and continues to further investigate factors affecting Atlantic salmon susceptibility to ISA, and sub-lethal effects of the virus on salmon. This research will improve our understanding of the impacts of aquaculture ISA outbreaks on wild fish.

Tenacibaculum maritimum

• T. maritimum is a bacterium with global distribution that occurs naturally in the marine environment, including at elevated levels near active salmon farms, and has been found on fish surfaces with and without signs of disease. It is commonly found in the ocean in coastal British Columbia (BC).
• The bacterium causes tenacibaculosis in a number of marine fish. In BC, under the right conditions, the bacterium may cause a disease called “mouthrot” or “yellow mouth” in farmed juvenile Atlantic salmon recently transferred to the ocean.
• However, no cases of mouthrot have been reported  in wild salmon in BC or Washington state.
• Tenacibaculosis has been documented in farmed Pacific salmon worldwide, including severe outbreaks in net pen reared Chinook salmon in California, but has not been  reported in BC farmed salmon.
• Mouthrot is currently the most treated disease in BC farmed Atlantic salmon, mostly impacting juvenile fish soon after ocean transfer. Mortality levels can be controlled with antibiotic treatment.
• A 2021 Canadian Science Advisory Secretariat (CSAS) peer reviewed risk assessment  concluded that T. maritimum attributable to Atlantic salmon farms in the Discovery Islands area poses minimal risk to Fraser River sockeye salmon abundance and diversity under the current farm practices.
• Continuing research on T. maritimum helps to improve our understanding of the bacterium and its disease effects; the Department will continue to consider the growing base of evidence in their decision making.

Piscine orthoreovirus (PRV)

• PRV is a virus that commonly infects farmed Atlantic and Chinook salmon in BC, but has been detected at relatively lower prevalence in all wild Pacific salmon species in BC. 
• Of the three known PRV genogroups, PRV-1 occurs in BC, Norway and other areas. The variant of PRV-1 found in British Columbia  was the subject of the 2019 PRV risk assessment.
• Data from Norway suggests there is variation in the virulence among strains of PRV-1. BC PRV-1 has less genetic variability and less virulence for Atlantic Salmon than Norwegian PRV-1.
• PRV-1 is ubiquitous and highly prevalent in marine net-pen farmed Atlantic and Chinook salmon of British Columbia. PRV-1 has a wide geographic distribution among wild Pacific salmon (BC, Alaska and Washington) but at a lower prevalence than farmed salmon and with species/stock-specific variation.
• Evidence of infection for PRV-1 relies on the use of molecular methods which detect the presence of PRV-1 genetic material; however, this does not indicate infective PRV-1.
• PRV-1 infects red blood cells. In laboratory challenge trials with juvenile Atlantic or Sockeye salmon, high loads of PRV-1 have been reported. However, it was not predictive of development of disease.
• Farmed and wild salmon of British Columbia appear most likely to become infected with PRV-1 in seawater, although infections in juvenile salmon have been reported in freshwater.
• Sockeye Salmon appear less susceptible to infection relative to Atlantic Salmon in British Columbia following experimental exposure.
• In marine net-pens, PRV-1 has been associated with severe heart inflammation in farmed Atlantic Salmon and jaundice/anemia syndrome in farmed Chinook Salmon in British Columbia; but a causal relationship has not been established.
• In laboratory challenge trials with juvenile Atlantic Salmon, when high viral loads were generated, the BC variant of PRV-1 enhanced prevalence of minor to moderate heart lesions, without any fish mortality, clinical signs or anaemia.
• In four laboratory challenge trials with juvenile Sockeye Salmon, high viral loads of PRV-1 were generated without any fish mortalities, clinical signs or anaemia. The histopathology results could not be attributed to PRV-1.
• No impairment of respiratory function has been demonstrated in BC PRV-1 infected juvenile Atlantic or Sockeye salmon under experimental conditions.
• Based on observations described above, a peer-reviewed Canadian Science Advisory report in 2019 found that the evidence does not support the conclusion that BC PRV-1 causes disease or mortality in Sockeye Salmon.
• The Department conducted a two-year survey with support from both private and First Nations diagnostic laboratories, which began in August 2019, to screen freshwater aquaculture hatcheries for the presence of both native and non-native strains of PRV in order to inform regulatory decision making.
• DFO is collaborating with the CFIA on a joint risk assessment of the potential impacts on wild and farmed salmon of the entry and establishment of PRV variants that are not endemic to BC waters.