Current issues: ministerial briefing

Fisheries and Oceans Canada (DFO)

Canadian Coast Guard (CCG)

July 2018

Purpose and overview

The purpose of this deck is to provide you with an overview of current issues that will require early attention:

• Oceans agenda
  • Protecting 10% of Canada’s Oceans and Marine Protected Area (MPA) networks
  • Ministerial panel on MPA standards
• Reconciliation
  • Ahousaht decision and implementing court order
  • Advancing fisheries negotiations in BC
  • New Arctic Region
• Aquaculture
  • Program renewal/legislative framework
  • British Columbia issues
  • Aquaculture science
• Whales
  • North Atlantic right whale management
  • Southern Resident killer whale management
• Fisheries Management
  • Fisheries Act renewal
  • Commercial fisheries
  • Freshwater Fish Marketing Corporation (FFMC)
  • Newfoundland Recreational Salmon Mid-Season Review Decision
  • Collaboration for Atlantic salmon tomorrow
  • Pacific salmon
• International agenda/FPT
  • North American Free Trade Agreement (NAFTA)
  • G7/Ministerial meeting
  • Renewal of Pacific Salmon Treaty (PST)
• Canadian Coast Guard
  • Fleet renewal
  • Acquisition of interim Icebreakers
  • Emergency towing vessels

Oceans agenda

Protecting 10% of Canada’s Oceans and Marine Protected Area (MPA) networks

Issue

The Government of Canada is committed to protecting 10% of Canada’s ocean by 2020 and advancing Marine Protected Area (MPA) Network maps for consultation.

Context

• As of June 30, Canada has protected 7.9% of its ocean, up from 0.9% in 2015. The remaining 2.1% will require ongoing cooperation with provincial and Indigenous governments.
• Preliminary MPA Networks have been developed over the past seven years by the Government of Canada with provinces, First Nations (FN), and stakeholders.
• The networks for the Gulf of St. Lawrence and the Scotian Shelf/Bay of Fundy are ready for public comment and are awaiting release. Other priority bioregions are aiming to finalize MPA Networks (NL, BC) by April 2019
• Balancing conservation/growth: NS, NL and oil and gas interests are concerned about potential overlap between the network maps and the call for bids processes of the Offshore Petroleum Boards.

Next steps/decisions

• Achieving 10% Target:
  • pass Bill C-55, An Act to amend the Oceans Act and the related Canada Petroleum Resources Act, through the Senate
  • finalize MPAs in development
  • identify new areas, especially in the Arctic, for designation.
• MPA networks:
  • plan for the release of MPA network maps for consultation, which includes: finalizing discussions with the provinces (in conjunction with NRCan); launching public consultations on proposed networks; and, initiating Marine Spatial Planning processes in four areas funded in Budget 2018 (including NS, NL)

Advisory panel on MPA standards

Issue

Minister LeBlanc established a 7-person panel to recommend categories and standards for MPAs in Canada.

Context

• For over 20 years, MPAs have been developed locally and regionally using a risk-based approach; this has led to MPAs having different conservation objectives and protection standards.
• Public feedback on the proposed Laurentian Channel MPAs in NL strongly opposed oil & gas activity in MPAs
• The National Advisory Panel on MPAs Protection Standards has been holding hearings across Canada since April 2018 to make recommendations on what the standards should be in Canada

Next steps/decisions

• Interim report is expected in August; the panel co-chairs have written to the Minister requesting a face-to-face meeting in mid-August to discuss
• Final report is expected in mid-September 2018

Reconciliation

Ahousaht decision and implementing court order

Issue

DFO is continuing work needed on the Ahousaht decision and implementing Court Order.

Context

• On April 19, 2018, the British Columbia Supreme Court (BCSC) released its decision in the justification phase of the Ahousaht trial, which interpreted the nature and scope of the Ahousaht right to fish and sell fish (within 9 nautical miles, small-scale, artisanal, local, multi-species fishery using small boats).
• The BCSC found that some aspects of licensing regime were unjustified infringements (e.g. chinook and coho priorities for recreational fishery in Pacific Salmon Allocation Policy, certain requirements applicable to the commercial fishery).
• [Information was severed in accordance with the Access to Information Act.]
• The Court Order is currently under development with the next appearance with the judge scheduled for July 20, 2018. [Information was severed in accordance with the Access to Information Act.]

Next steps/decisions

• [Information was severed in accordance with the Access to Information Act.]

Advancing fisheries negotiations in British Columbia

Issue

DFO continues to advance fisheries negotiations in British Columbia with many FNs.

Context

• [Information was severed in accordance with the Access to Information Act.]

Next steps/decisions

• [Information was severed in accordance with the Access to Information Act.]

New Arctic Region

Issue

DFO/CCG is seeking to create an enhanced Arctic Region that will establish a new model for nation-to-nation/Inuit-Crown engagement, enhance maritime safety and environmental response capacity, and improve support for the Arctic fisheries sector, which is an economic driver of the Northern economy.

Context

• The Arctic Policy Framework (APF) is a whole-of-government initiative that will include new investments from a number of Departments aimed at enhancing the well-being of Northerners
• There is an increasing demand for expanded Coast Guard and DFO services due to: Increases in Arctic marine traffic (e.g. marine traffic grew by 30% per annum); and Nunavut accessing only $86.3 million of a possible $126 million in quota values for commercial fisheries
• A new Arctic Region will be a tangible step towards advancing reconciliation and will position DFO/CCG to contribute significantly to Canada’s response to growing geopolitical and commercial interest in the Arctic
• New regional offices will be implemented progressively, with administrative responsibilities and activities gradually transferred from the current Central and Arctic Regions headquartered in Sarnia and Montreal

Next steps/decisions

• DFO/CCG, along with the Inuit Tapiriit Kanatami, are collaborating on a selection process for the new leadership positions.
• [Information was severed in accordance with the Access to Information Act.]

Aquaculture

Program renewal/legislative framework

Issue

DFO is leading federal aquaculture program redesign responding to pressure to improve its programs and activities stemming from recent government reports, disagreements on science, and stakeholder concerns.

Context

• June 2017: At Canadian Council of Fisheries and Aquaculture Ministers (CCFAM) meeting, Ministers agreed to continue dialogue on development of a federal Aquaculture Act.
• November 2017: Minister LeBlanc initiated discussions on the development of a Long-Term National Framework for Aquaculture.
• May 2018: Treasury Board Secretariat launched its Regulatory Review on Agri-food and Aquaculture which provides an opportunity for DFO to streamline its regulatory framework.
• [Information was severed in accordance with the Access to Information Act.]

Next steps/decisions

• September 2018 (TBC): CCFAM meeting; [Information was severed in accordance with the Access to Information Act.]
• [Information was severed in accordance with the Access to Information Act.]

British Columbia issues

Issue

Some BC stakeholders and FNs are applying pressure on the BC Government and DFO to remove salmon aquaculture net pens from the Pacific coast.

Context

• Environmentalists and a BC FNs filed three court actions (Morton/Namgis) regarding our Minister’s authorization of live fish movements. Court dates: September 10–14, 2018.
• On June 20, 2018, British Columbia announced a policy that will require the federal government to confirm that there is no more than minimal risk to wild salmon and will require aquaculture operators to have agreements with FNs to operate in their territory by June 30, 2022.

Next steps/decisions

• [Information was severed in accordance with the Access to Information Act]
• A set of peer reviewed risk assessments of pathogen impacts on wild salmon is underway, [Information was severed in accordance with the Access to Information Act.]

Aquaculture science

Issue

Science related to aquaculture, including DFO-led science, is coming under significant scrutiny, and there is a lack of consensus on the risk of aquaculture on wild fish populations.

Context

• In view of this, the Ministers of Science and Fisheries and Oceans requested Dr. Mona Nemer, Chief Science Advisor to the Government of Canada, to lead an Independent Expert Panel on Aquaculture Science.
• The Panel is expected to report publicly in the fall of 2018, with recommendations focussing on: the role of science in decision-making; and, the communication of science and decisions around aquaculture.

Next steps/decisions

• Continue to reinforce the importance of scientists being able to speak publicly about their science.
• Assess the Independent Expert Panel report and recommendations when they are available.

Whales

North Atlantic right whales

Issue

Fisheries Management measures to protect North Atlantic right whales (NARW).

Context

• Unprecedented NARW deaths occurred in Canadian waters in 2017 (12) due to ship strikes and entanglement.
• Fisheries management measures were established in 2017–18 to protect the NARW, including: static and dynamic (temporary) closures for non-tended fixed gear fisheries; increased aerial and at-sea surveillance; reporting requirements for lost gear and interactions with marine mammals; gear and trap requirements; changes to snow crab season in the southern Gulf of St. Lawrence, etc.
• The Marine Mammal Regulations (MMRs) minimum approach distance of 100 metres for most whales, including NARW, were published on July 11, 2018
• There continues to be a mixed response among industry, concern about consistency, engagement, and a call for a review ahead of the 2019 season.

Next steps/decisions

• DFO to seek feedback from harvesters in late summer/fall; the management regime will be evaluated in Fall 2018 and discussed with stakeholders in advance of 2019. DFO to conduct year end review.
• Demonstrate how Canadian fisheries management measures designed to protect marine mammals are comparable in effectiveness to those of analogous U.S. fisheries, which will be mandatory in order to meet market access requirements under the U.S. Marine Mammal Protection Act, beginning in 2022.

Southern Resident killer whales

Issue

Fisheries management measures to protect endangered Southern Resident killer whales (SRKW).

Context

• The current population of 76 whales, listed as endangered under the Species at Risk Act (SARA), are facing imminent threat due to: 1) physical and acoustic disturbance from vessel traffic; 2) lack of prey from low chinook returns and fishing; and 3) contaminants.
• Ministers of DFO and ECCC determined, in May 2018, that the population is facing imminent threat to survival and recovery. Fisheries management measures were put in place spring/summer 2018 to address the threat of prey availability, including fisheries closures and reductions in three key foraging areas.
• Other key measures include: amended Marine Mammal Regulations that increase minimum approach distances to reduce disturbances; and, voluntary vessel traffic limitations to reduce underwater noise in critical habitat areas.
• DFO is amending the Species at Risk Recovery Strategy to include additional Critical Habitat for SRKW.
• [Information was severed in accordance with the Access to Information Act.]

Next steps/decisions:

• Continue Multi-Stakeholder and Indigenous Working Group for SRKW (first meeting July 30).
• [Information was severed in accordance with the Access to Information Act.]

Fisheries management

Fisheries Act renewal

Issue

The Government of Canada is committed to restore lost protections and incorporate modern safeguards in the Fisheries Act.

Context

• Mandate Letter: “Work with the Minister of Transport to review the previous government’s changes to the Fisheries and Navigable Waters Protection Acts, restore lost protections, and incorporate modern safeguards.”
• C-68 An Act to amend the Fisheries Act and other Acts in consequence introduced February 6, 2018. Key areas include: reconciliation with Indigenous Peoples; fish and fish habitat protection provisions; rebuilding fish stocks; strengthening the inshore policies; provisions to create a fisheries management order power; biodiversity protection provisions; and Marine Mammals in captivity provisions.
• C-68 part of the Government of Canada’s Review of Environmental and Regulatory Processes that also includes C-69 An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts.

Next steps/decisions

• Bill C-68 awaiting referral to Senate Standing Committee; targeting Spring 2019 for Royal Assent
• [Information was severed in accordance with the Access to Information Act.]

Commercial fisheries

Issue

DFO faces upcoming challenges in the management of certain commercial fisheries dealing with stability of access and allocation.

Context

• DFO is undertaking a review of redfish allocations as the stock status improves and we look to potentially re-open a commercial fishery.
• DFO announced a process for Expressions of Interest for the Arctic surf clam fishery to introduce a fourth licence.
• A consultation process will be launched to develop regulations on the suite of inshore licensing policies and stock rebuilding.

Next steps/decisions

• September: Review of Redfish completed for ministerial decision.
• Ongoing engagement in the Arctic surf clam process.
• July – September: Consultation process for regulatory development.

Freshwater Fish Marketing Corporation (FFMC)

Issue

The Freshwater Fish Marketing Corporation (FFMC).

Context

• You are the responsible minister for the FFMC, DFO’s only Crown corporation. FFMC is based in Winnipeg with approximately 350 employees in Western Canada.
• The FFMC is a legislatively-enforced single buyer that consolidates the production of many small, isolated fisheries under one collection, processing and selling umbrella.
• At the time of its establishment (1969), it included 5 participating jurisdictions (AB, SK, MB, the NWT and ON) — as of 2017, all jurisdictions with the exception of NWT have left the arrangement in favour of the open market.
• [Information was severed in accordance with the Access to Information Act.]

Next Steps/decisions

• [Information was severed in accordance with the Access to Information Act.]

Newfoundland Recreational Salmon Mid-season Review Decision

Issue

Newfoundland & Labrador Recreational Salmon Mid-season Review Decision.

Context

• DFO has committed to a mid-season review decision of the salmon fishery by July 20, which currently allows an individual take of up to 2 salmon.
• Review is based on salmon returns during the first half of the fishery season monitored by DFO.
• 2 review decisions: one for Newfoundland and a second for Labrador.

Next steps/decisions

• In general, salmon returns are down substantially. The options for decision will be to: [Information was severed in accordance with the Access to Information Act.]
• Decision on the Newfoundland fishery expected July 19, Labrador two weeks later (given a later salmon return).
• Outreach to Province of Newfoundland July 12; technical briefing for industry July 16; technical briefing for media July 16.

Collaboration for Atlantic Salmon Tomorrow

Issue

Collaboration for Atlantic Salmon Tomorrow (CAST), a multi-stakeholder group, has developed a Smolt-To-Adult (SAS) Experiment Proposal to determine if a strategy can be developed to supplement Atlantic salmon populations in the Miramichi River system.

Context

• The adult stocking project is one of several projects being undertaken or proposed by CAST. DFO has provided funding for other projects, while ACOA and NB have provided substantial funding for this project.
• Two formal science peer reviews led by DFO have addressed the SAS concept and the specific proposal. The most recent peer review by experts took place subsequent to a DFO denial to authorize the release of 630 hatchery-raised SAS adults into the Miramichi River system (in 2017). DFO indicated that the peer review recommendations would need to be addressed before authorizing any large-scale release. DFO also stated any decision on stocking would need to be informed by the input of Mi'gmawe'l Tplu'taqnn Incorporated (MTI). This issue garnered media coverage in Gulf Region and other Atlantic provinces.
• DFO has since received CAST’s revised experimental proposal and is in continued talks with CAST and MTI on various elements of the proposal before making final decisions on permits.

Next steps/decisions:

• A meeting between MTI and DFO is currently scheduled for July 17, 2018.
• A decision on the permit for stocking Atlantic salmon in the Miramichi system will be needed by late summer 2018. Recommendation will be forthcoming in August.

Pacific salmon

Issue

DFO steps to support the conservation and sustainable use of Pacific salmon.

Context

• A number of salmon populations are in decline due to climate change and other factors, including 5 salmon populations being assessed for potential listing under SARA.
• DFO is taking steps to conserve these stocks, including a 25–35% reduction in fishing mortalities for chinook stocks of concern in 2018. These measures are contentious; particularly with the recreational harvest sector (estimated 300,000 anglers and ~$1 billion in economic activity).
• DFO has committed to reviewing the Salmon Allocation Policy in light of the recent Ahousaht decision. This will include extensive consultation/collaboration with First Nations and stakeholders.
• DFO is preparing a Wild Salmon Policy (WSP) Implementation Plan to further advance the goals of the Policy (originally developed in 2005 help restore and maintain healthy and diverse salmon populations).

Next steps/decisions

• Completion of final WSP Implementation Plan expected summer 2018, ready for public release in early fall 2018.
• Consideration of additional management measures (including protections for SRKW) for 2019 and beyond.
• Initiate review of the Salmon Allocation Policy, including consultation, beginning in fall/winter 2018.

International agenda/FPT

NAFTA renegotiation

Issue

DFO is involved in negotiations on the fisheries text and on the Environment Chapter. The timeline for resumption and conclusion of negotiations is uncertain.

Context

• NAFTA negotiations have been paused since mid-May, following a meeting of NAFTA trade ministers.
• [Information was severed in accordance with the Access to Information Act.]
• NAFTA negotiations are taking place within the broader context of new tariffs imposed by the US tariffs on imported goods (June 1), including steel and aluminum from Canada, and Canada’s retaliatory tariffs imposed on more than 100 imported US products.
• [Information was severed in accordance with the Access to Information Act.]

Next steps/decisions

• [Information was severed in accordance with the Access to Information Act.]

G7/Ministerial meeting

Issue

G7 Joint Ministerial meeting on Healthy Oceans, Seas and Resilient Communities.

Context

• As part of Canada’s G7 presidency, Canada will host a Oceans, Energy, Climate cluster of Ministerial meetings in Halifax, September 19 to 21, 2018.
• Themes of the Oceans meeting on September 20 will be: Plastics and Marine Litter; Sustainable Oceans and Fisheries (including ocean knowledge, and tackling IUU fishing); Resilient Coasts and Communities; and, Clean Offshore Energy.
• A multi-stakeholder summit on oceans will be organized for September 19, 2018.

Next steps/decisions

• DFO will be the lead on the Sustainable Oceans and Fisheries session within the September 20 meeting, and co-lead with NRCan and ECCC on the others. Ministerial participation is recommended for Oceans meeting and the multi-stakeholder summit.
• [Information was severed in accordance with the Access to Information Act.]
• Canada and Kenya will co-host the Sustainable Blue Economy Conference in Nairobi, November 26 to 28, which will be an opportunity to promote the G7 outcomes in a global forum.

Renewal of Pacific Salmon Treaty (PST)

Issue

G7 Joint Ministerial meeting on Healthy Oceans, Seas and Resilient Communities.

Context

• The PST, the most important Canada-US agreement on Pacific fisheries, commits the Parties to cooperate on the research, management and enhancement of Pacific salmon stocks and sets out the conservation and harvest allocations for migratory salmon stocks.
• In July 2018, the Pacific Salmon Commission (PSC) agreed on proposed amendments to five chapters of the PST (expiring December 31, 2018).
• [Information was severed in accordance with the Access to Information Act.]
• A mixed reaction from First Nations and stakeholders is anticipated.

Next steps/decisions

• By mid-July 2018, the PSC will send you a letter outlining their recommendations. Communications materials are being developed.
• [Information was severed in accordance with the Access to Information Act.]

Canadian Coast Guard

Fleet renewal

Issue

The National Shipbuilding Strategy (NSS), launched in 2010, is the procurement vehicle for Coast Guard’s $7 billion fleet renewal projects.

Context

• Under the PSPC-led NSS, Seaspan’s Vancouver Shipyards (VSY) is building 3 Offshore Fisheries Science Vessels (under construction); an Offshore Oceanographic Science Vessel (in engineering) and a Polar Icebreaker, along with DND’s 2 Joint Supply Ships (JSS).
• Small vessels are competed amongst Canadian Shipyards except for VSY and Irving Shipbuilding Inc., which was selected to build DND’s Combat vessels.
• Recently, the CCG has delivered 22 helicopters and 2 of 20 Search and Rescue Lifeboats.
• Delivery of the large vessels has been slower than planned, creating financial pressure in the projects and program gaps in the science program and ultimately in the icebreaking program.
• [Information was severed in accordance with the Access to Information Act.]

Next steps/decisions

• The Polar Icebreaker’s design is complete, construction is expected following DND’s JSS project

Acquisition of interim icebreakers

Issue

Coast Guard is pursuing the acquisition of three used icebreakers to backfill existing large ships while they undergo refits or are being taken out of service.

Context

• Fleet renewal delays are creating program gaps.
• Following an extensive engagement process with industry, and as per the Prime Minister’s January 18, 2018 announcement, negotiations with Chantier Davie led to the issuance of an Advance Contract Award Notice (ACAN) on June 22, 2018 to acquire 3 existing European-based commercial icebreakers through Davie. The ACAN process closed on July 11, 2018.
• The vessels are needed to maintain critical on-water presence when Coast Guard’s vessels are being serviced (planned maintenance, unplanned repairs, vessel life extension work), or when aging vessels need to be retired before their replacement enters into service.

Next steps/decisions:

• Coast Guard is working with PSPC to review a number of responses to the ACAN, following which a decision on contract award will be made.
• The goal is to have one ship in service for the 2018/19 icebreaking season with the following two to be in operation in 2019/20.

Emergency towing vessels

Issue

Coast Guard is pursuing the lease of two Emergency Towing Vessels (ETVs).

Context

• Announced as part of the Oceans Protection Plan, the ETVs will be used to augment emergency response capability on the West Coast.
• The vessels will have the capability of towing large commercial ships, particularly those which are at risk of running aground or polluting.
• The leased ETVs will be fulfilling pressing operational needs while a long-term solution is defined jointly by Coast Guard and Transport Canada.
• Questions have been posed relating to the procurement process, [Information was severed in accordance with the Access to Information Act.]

Next steps/decisions

• The RFP closed in April [Information was severed in accordance with the Access to Information Act.] The 3-year contract needs to be signed in the very near term in order for the first vessel to be in service this fall, with the second to follow within a year.