Tab E – Decision-making frameworks

Fisheries management decision-making

Purpose

• To provide an introductory overview of:
  • Canada’s fisheries resources; and
  • the fisheries decision-making process.

DFO manages over 200 fisheries on three coasts

• Three types of fisheries: commercial; recreational; and, Indigenous food, social, and ceremonial (FSC).
• Some fisheries operate in a specific season, while others are year-round.

Commercial landings 2019

Groundfish $351.6 million

• Greenland Halibut
• Cod
• Atlantic Halibut

Pelagics $202.6 million

• Arctic Char
• Albacore Tuna
• Herring
• Pacific Salmon
• Pacific Herring
• Mackerel
• Bluefin Tuna

Shellfish $3.07 billion

• Shrimp
• Clams & Geoduck
• Snow Crab
• Surfclam & Scallops
• Lobster

Other $5.8 million

• Atlantic Salmon
• Walrus
• Harp Seals
• Narwhal
• Beluga

Mandate

The Minister of Fisheries and Oceans exercises authority over coastal and inland fisheries (Constitution Act, S. 91 (12)).

The Fisheries Act gives the Minister authority over fish harvesting.

• How much: total allowable catch (TAC)
• Who: access and allocation (who can fish, individual and/or fleet shares)
• When: times and seasons for fishing, fishery closures
• How: management measures and harvesting plans to ensure conservation of the resource (e.g. gear type and amount, monitoring and reporting requirements)

DFO also has international fisheries responsibilities.

• Roughly 20% of Canada’s fish stocks are managed in cooperation with international counterparts, either through bilateral or multilateral arrangements (see Annex).

Provinces have responsibility for fish processing and have been delegated responsibility for most inland and freshwater fisheries.

Fisheries Management Decision-making

Decisions must adhere to the following principles:

• Conservation
• Indigenous and Treaty Rights
• Legally-binding agreements
• Orderly management

Traditionally, non-controversial decisions are sub- delegated to regional authorities (i.e. Regional Directors General): management measures, TAC, quota transfers, openings and closures.

Ministerial decisions are required for:

• new fishing licences;
• new or deviations from existing policy;
• discrepancies in science advice and TAC recommendations;
• multi-regional fisheries;
• land claims management board decisions/recommendations;
• politically sensitive issues; and,
• mandates for key international fisheries negotiations.

Approximately 35 ministerial decisions are sought per year.

Decision-making is Supported By

Science advice: peer reviewed science advice on stock status, TAC, and other conservation measures.

Fishery policies: Sustainable Fisheries Framework (Annex) which is a suite of tools including the Precautionary Approach, bycatch, sensitive ecosystems, etc.; reinforced by new legislative obligations to document and publish, in some cases, the decision-making process; and, licensing policies (owner operator, residency, etc.).

Socioeconomic considerations: Analysis of short- and long-term impacts of fisheries decisions on the fishing industry and reliant communities, including any adverse effects of decisions on the rights of Indigenous peoples.

Stakeholder consultations: A broad set of advisory processes involving, Indigenous partners, fishing industry participants, the provinces, and relationships with commercial, recreational, and environmental groups.

Fisheries Management Annual Cycle

DFO exercises authority over domestic fishing activity and harvest levels

1. Planning
   • Implementation planning for changes to the fishery
   • Identification of science needs
   • Harvesting plan review and updating
2. Consultative process
   • Science advice
   • Consultative process with Indigenous partners and other stakeholder groups
3. Pre-season preparations
   • Licence conditions, quota allocations, TAC decisions, notice to fishers, etc.
4. Fishing Season
   • Fisheries opening & closing
   • Quota monitoring & management
   • Compliance & enforcement
5. Post-season review
   • Review of the effectiveness of fishery measures and enforcement against objectives
   • Quota reconciliation

Partners and Stakeholders

• Longstanding and extensive fisheries advisory processes for the major fisheries through which input is sought:
  • Industry (harvesters and processors), Indigenous groups and provinces generally attend these sessions
  • Environmental and conservation groups participate in the west coast and are becoming more active in east coast
  • Smaller working groups to collaborate on specific projects
• In addition to formal processes, partners and stakeholders are regularly connected to regional DFO officials, and frequently contact the Minister’s Office directly on fisheries issues.

Indigenous and treaty-related fishing rights

• Over the years, Supreme Court of Canada (SCC) decisions have provided guidance on the nature and scope of Aboriginal and treaty rights and the Governments' responsibility to manage natural resources in a manner consistent with the constitutional protection provided to Aboriginal and treaty rights:
  • R. v. Sparrow (1990) - Musqueam First Nation (BC) - Aboriginal right to fish for food, social and ceremonial (FSC) purposes.
    • DFO policy response through the Aboriginal Fisheries Strategy (FSC provisions and licences, provision of commercial-communal licences, collaborative management).
  • R. v. Marshall (1999) - affects Mi’kmaq, Wolastoqey and Peskotomuhkati at Skutik (Maritimes/Gaspé) - treaty right to hunt, fish and gather for the purpose of earning a moderate livelihood.
    • DFO policy response through the Marshall Response Initiative, Atlantic Integrated Commercial Fisheries Initiative, and the Rights Reconciliation Agreement Negotiation Mandate.
  • R. v. Ahousaht (2013) – Five Nuu-chah-nulth Nations (West coast of Vancouver Island) - Aboriginal right to sell fish from their territories.
    • DFO policy response through revisions to the annual Five Nations Multi-species Fisheries Management Plan that implements the right, in consultation with the Nations; and review of Pacific Salmon Allocation Policy.
• There are also unique fisheries management decision processes for land claims groups outlined in modern treaties which are constitutionally-protected agreements.
  • Through the Nunavut Land Claims Agreement, the Nunavut Wildlife Management Board is established to help ensure the protection and use of wildlife (including fisheries) for the long-term benefit of Inuit, Nunavut, and Canada.
  • Issues are brought to the Board for decision from federal and territorial governments, Regional Wildlife Organizations, Hunters and Trappers Organizations, Nunavut Tunngavik Inc, non-governmental organizations, and the general public.
  • Decisions of the Board is then forwarded to the appropriate federal or territorial Minister for approval (e.g. seals, walrus).

Annex A – Sustainable Fisheries Framework

The Sustainable Fisheries Framework (SFF) is the foundation for an ecosystem approach to fisheries, which aims to consider the impacts of fishing on all components of the aquatic environment.

The SFF consists of various policies and tools:

• precautionary approach policy (includes the development of fish stock rebuilding plans);
• specific policies for: Sensitive benthic areas, new fisheries for forage species, by-catch, fishery monitoring, etc.;
• sustainability survey for fisheries; and,
• integrated fisheries management plans (IFMPs).

SFF continues to evolve as new legislation, policies, and tools are created.

For example, new guidelines being developed to implement the fish stocks provisions in the Fisheries Act propose that DFO document the evidence to support decisions for prescribed major fish stocks under the provisions.

Annex B - Precautionary Approach

Taking cautious action to avoid serious harm to the resource in the absence of scientific information or when scientific information is uncertain, unreliable, or inadequate.

Description

The Precautionary Approach (PA) framework is presented as a plot with three possible status zones for a given fish stock: critical, cautious, and healthy, with stock status on the x-axis and removal rate on the y-axis. The Limit Reference Point (LRP) marks the intersection between the critical and cautious zone, while the Upper Stock Reference Point (USR) marks the intersection between the cautious and healthy zone. The Removal Reference (situated in the healthy zone) is the maximum acceptable removal rate for the stock. The harvest control rules are intended to avoid limits and achieve targets and take certain actions when the stock’s abundance reaches certain levels relative to those limits.

Limit Reference Point (LRP)

• The threshold below which could result in serious harm to the stock.
• Typically the trigger for rebuilding plans.

Upper Stock Reference Point (USR)

• The threshold below which removals must be progressively reduced in order to avoid reaching the LRP.

Harvest Control Rules (HCR)

• Pre-agreed rules (HCRs) to avoid limits and achieve targets and take certain actions when the stock’s abundance reaches certain levels relative to those limits.

Annex C – Fish Stocks provisions

New fish stocks provisions, introduced under the Fisheries Act in 2019, legislate the application of Precautionary Approach principles to the management of major fish stocks prescribed by regulation under the Act.

The Department has committed to prescribing the majority of 176 major fish stocks on the Sustainability Survey for Fisheries, by the end of 2024.

The fish stocks provisions introduce legally-binding obligations:

• to manage prescribed stocks at levels necessary to promote sustainability;
• for prescribed stocks that have declined into the critical zone (to or below their Limit Reference Point),
  • to develop and implement rebuilding plans to grow the stock above the Limit Reference Point (see previous slide for terminology); and
  • to take into account habitat restoration measures if the loss or degradation of the stock’s fish habitat has contributed to the stock’s decline.

A rationale will be published online for invoking any of following
exceptions outlined in the provisions :

• mitigating adverse socio-economic or cultural impacts; and,
• cases where rebuilding plans will not be developed for stocks in the critical zone, for reasons outlined in the legislation.

Annex D – IFMPs

Development and implementation of IFMPs represent the process through which decisions are managed.

IFMPs document:

• the planning cycle
• fishery objectives
• management decisions and measures
  • Opening times, size and retention limits, and gear restrictions
• enforcement and control measures
  • At-sea observation, dockside monitoring and catch reporting
• Indigenous participation and departmental obligations through land claims

IFMP objectives: established for all major fisheries, evergreen (some in Pacific Region are annual or multi-year), made public and accessible.*

*Increasingly online as committed in response to the 2016 CESD Audit.

Annex E - International Fisheries Management

• A broad range of economically-significant fish stocks are managed through international arrangements. This provides a forum for cooperation on policy, fisheries management, enforcement, science and conservation, and, in many cases, decisions that include negotiation of Canadian shares of a fishery.
• Canada is member of seven multilateral regional fisheries management organizations
• Canada is also member of a number of bilateral agreements:
  • Pacific Salmon Commission (PSC) - Canada-United States (US);
  • International Pacific Halibut Commission (IPHC) – Canada-US;
  • Pacific Hake Treaty – Canada-US;
  • Pacific Albacore Tuna Treaty – Canada-US;
  • Procès-verbal (PV) – Canada-France; and
  • Georges Bank Stocks (non-binding arrangement) – Canada-US.
• Canada is an observer / cooperating non-contracting party to: North Atlantic Marine Mammal Commission (NAMMCO); International Whaling Commission (IWC); North East Atlantic Fisheries Commission (NEAFC); and, Inter-American Sea Turtle Convention (IAC).
• Canada, with other signatories, is leading on implementation of the multi-lateral agreement for the prevention of unregulated high seas fisheries in the central Arctic Ocean.

Annex F – International Fisheries

Multilateral Regional Fisheries Bodies/Agreements

Deep Sea Regional Fisheries Management Organizations

• North Atlantic Salmon Conservation Organization (NASCO)
• Northwest Atlantic Fisheries Organization (NAFO)
• North Pacific Anadromous Fish Commission (NPAFC)
• North Pacific Fisheries Commission (NPFC)

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

Tuna Regional Fisheries Management Organizations

• Inter-American Tropical Tuna Commission (IATTC)
• Western and Central Pacific Fisheries Commission (WCPFC)
• International Commission for the Conservation of Atlantic Tunas (ICCAT)

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

Regional Fisheries Management Agreement

• Central Arctic Ocean (CAO) Fisheries Agreement

  

Annex G – types and locations of species

Pelagic Fish (caught near surface)

• Herring
• Mackerel
• Tuna

Groundfish (caught near ocean floor)

• Halibut
• Atlantic Cod
• Haddock

Shellfish (caught on ocean floor)

• Snow Crab
• Lobster
• Shrimp

Fish and Fish Habitat Protection decision making

Purpose

To provide an overview of Fisheries and Oceans Canada’s (DFO) responsibilities related to:

• Protection for fish and fish habitat;
• Federal impact and environmental assessments; and,
• The Metal and Diamond Mining Effluent Regulations.

Protections for Fish and Fish Habitat

Under the Fisheries Act, an authorization from DFO is required for works, undertakings and activities that may result in harmful impacts to fish and fish habitat.

• DFO officials base decisions on best available science, level of risk, Indigenous knowledge, impact on Indigenous rights, etc.

Under the Fisheries Act, DFO also has the authority to recommend regulations be made under the fish and fish habitat protection provisions of the Act. Such regulations could:

• Establish ecologically significant areas to protect Canada's most sensitive, productive, rare or unique ecosystems;
• Prescribe works and waters to streamline approval of routine activities and provide incentive to follow best practices; and,
• Identify designated projects to improve predictability for proponents of major works.

DFO may also make regulations related to other aspects of fish and fish habitat, including:

• Death of fish and protection of fish habitat; and,
• Respecting the flow of water to ensure fish passage.

The Department has arrangements with other federal agencies (Canada Energy Regulator, Canadian Nuclear Safety Commission), and with some provinces (NB, NS, and PEI) that allow them to conduct preliminary reviews of project risks to fish and fish habitat.

To note: DFO also has authorities to protect and conserve fish and fish habitat under the Species at Risk Act (see Species at Risk decision making deck) and the Aquatic Invasive Species Regulations.

Aquatic Invasive Species

DFO’s AIS program aims to protect Canadian marine and freshwater ecosystems from the introduction and spread of AIS, and to mitigate the negative impacts of established invasive species for the benefit of Canada’s biodiversity, economy, and society.

Impact Assessments

DFO provides expert advice on potential impacts to fish and fish habitat and aquatic species at risk for assessments under the Impact Assessment Act and other federal impact and environmental assessment regimes. DFO also participates in consultation with Indigenous peoples during these processes.

DFO also has responsibilities under the Impact Assessment Act to conduct assessments of projects on federal lands when implementing, or enabling these projects to proceed through issuance of funding, land or regulatory decisions.

Under federal assessment regimes in the territories, the Department provides its expertise, and may act as a decision body/Responsible Minister under relevant legislation for projects requiring its approvals.

For projects subject to federal impact/environmental assessments, Ministerial Authorizations cannot be issued until the impact or environmental assessment is complete and the decision allows the project to proceed.

Metal and Diamond Mining Effluent Regulations

Canadian mining facilities are subject to the Metal and Diamond Mining Effluent Regulations established under section 36 of the Fisheries Act and are fully the responsibility of Environment and Climate Change Canada. Canadian mining facilities are required to collect and report on effluent data and compliance rates.

• Mining facilities are also required to undertake specific measures related to protecting water bodies designated as tailing impoundment areas.
• DFO provides expert advice to Environment and Climate Change Canada on approving Fish Habitat Compensation Plans.
• Fish Habitat Compensation Plans are prepared by project proponents to offset direct loss of fish habitat resulting from mine waste disposal as well as direct and indirect losses permitted under the Fisheries Act.
• The Metal and Diamond Mining Effluent Regulations are enforced by Environment and Climate Change Canada in accordance with the Compliance and Enforcement Policy for the Fish and Fish Habitat Protection and Pollution Prevention Provisions of the Fisheries Act.

Quick Fact:
The Metal Mining Effluent Regulations, which came into force on December 6, 2002, were amended on June 1, 2018, and became the Metal and Diamond Mining Effluent Regulations.

How does the Department undertake project reviews?

• The Department assesses proposed projects to determine the risk of impacts to fish and fish habitat under the Fisheries Act, Species at Risk Act and Aquatic Invasive Species Regulations.
• For works, undertakings and activities that may result in harmful impacts, a Ministerial authorization is required – consultation with Indigenous peoples is undertaken if the authorization may result in impacts to Indigenous rights.

Factors to Consider Checklist (when making decisions related to the fish and fish habitat protection provisions of the Fisheries Act such as issuing an authorization)

• Contribution to productivity of fisheries
• Fisheries management objectives
• Any measures or standards to avoid, mitigate or offset death of fish or harmful alteration, disruption or destruction of fish habitat
• The cumulative effects of carrying out the project
• Impacts on any fish habitat banks
• Whether measures to avoid harmful alteration, disruption or destruction prioritize restoration of degraded habitat
• Indigenous knowledge provided
• Any other factor considered relevant

How does the Department manage risk of harmful impacts?

The Department works with proponents to avoid or mitigate impacts whenever possible, and, when necessary, to offset harmful impacts to fish and fish habitat.

• Avoid
  • Provide advice and guidance to avoid impacts to fish and fish habitat. Measures to avoid impacts can be found on the Projects Near Water website (i.e. Measures to Protect Fish and Fish Habitat)
• Mitigate
  • Provide advice and guidance to mitigate (minimize) impacts to fish and fish habitat.
• Offset
  • Determine offsetting required when harmful impacts to fish and fish habitat can’t be avoided or mitigated. This can include building new habitat near to the project site.

How does the Department monitor decisions and report to Canadians?

DFO is committed to monitoring compliance and ensuring program effectiveness and continuous improvement by:

• Evaluating conformity to management measures recommended or imposed by the Department
• Collaborating with DFO Science to better understand the effectiveness of measures aimed at avoiding, mitigating and offsetting impacts to fish and fish habitat
• Working with the Department's Conservation and Protection service to monitor compliance with the Fisheries Act and the Species at Risk Act and with authorizations or permits issued under these Acts.

The Department's Fisheries Act Registry makes information accessible to Canadians about projects in or near water that are authorized under the Fisheries Act.

New information will be added to the Registry over time (e.g., authorization documents and state of fish and fish habitat reporting).

What are the current issues for the Department?

• Program Implementation
  • The Fish and Fish Habitat Protection Provisions of the modernized Fisheries Act came into force August 28, 2019.
    • $284.2 million over five years (2018-2023) was provided to program and support implementation of the modernized Fisheries Act.
  • The program collaborates with partners and stakeholders to influence planning processes and support restoration activities, and reports publicly to strengthen decision making.
  • Work continues to: align and modernize operational systems, processes and tools; develop new regulations; train staff; and develop policies that reflect changes to the Act.
• Implementation of the Impact Assessment Act
  • The Department continues to work with the Impact Assessment Agency of Canada to clarify roles and responsibilities.

Marine planning and conservation

Purpose

To provide an introductory overview of ministerial powers and responsibilities in three areas:

• Marine conservation
• Marine environmental quality
• Marine spatial planning

Marine Conservation

The Minister has the power to establish marine protected areas, marine refuges, and ecologically significant areas

Summary

• Under the Oceans Act, the Minister recommends that the Governor-in-Council (GiC) establish marine protected areas (MPAs) through regulations.
  • The Minister may also establish MPAs for up to five years through Ministerial Order (MO) regulations.
• Under the Fisheries Act, the Minister may establish:
  • marine refuges, which qualify as Other Effective Area-Based Conservation Measures (OECMs) and contribute to Canada’s international marine conservation target achievement.
  • ecologically significant areas (ESAs) through regulations to protect sensitive, highly productive, rare or unique areas.

Definitions:

MPA: Part of the ocean that is legally protected and managed to achieve the long-term conservation of nature.

Marine Refuge: Part of the ocean (other than an MPA) which is governed and managed in ways that achieve positive and sustained outcomes for the conservation of biodiversity, for example by restricting certain kinds of fishing gear      (e.g., gillnets) or practices (e.g., bottom trawling). Marine refuges are a type of OECM.

ESA: Part of the ocean (or freshwater environments) where works, undertakings and activities are regulated based on conservation objectives for the area.

Marine Conservation Targets

Background and context

• In 2010, Canada committed to the marine conservation targets established under the United Nations Convention on Biological Diversity, which committed Canada to conserving 10 per cent of coastal and marine areas through 2020.
• In 2018, the G7 Charlevoix Blueprint for Healthy Oceans, Seas and Resilient Coastal Communities further committed Canada and other developed countries to supporting strategies to effectively protect and manage vulnerable areas of oceans and resources.
• In July 2020, Canada joined the Global Ocean Alliance, which is advocating to protect at least 30 per cent of the world’s oceans through the establishment of MPAs by 2030.
• The 10 per cent target was surpassed in August 2019. The Department is now looking to conserve 25 per cent of marine and coastal areas by 2025, working towards 30 per cent by 2030, in line with Canada’s international commitments.

Work is advancing towards the target of conserving 25% of marine areas by 2025, and working towards 30% by 2030

Marine Conservation: Policy and Process

• The Oceans Act MPA establishment process can take between 7 and 10 years to complete.
  • Allows for extensive information gathering and consultation to occur prior to the Minister’s approval and recommendation of the regulatory package to the GiC (i.e. Treasury Board) (Step 4).
• The Oceans Act enables MPA establishment using MO regulations to protect vulnerable areas for up to five years while science and consultation continue to establish a long-term GiC MPA.
• Current MPA protection standards prohibit the following activities in all future federal MPAs:
  • Oil and gas exploration and exploitation
  • Mining
  • Dumping
  • Bottom Trawling
• Marine OECM protection standard, including marine refuges, that requires that all risks to the site be effectively avoided or mitigated:
  • An area in an OECM where oil and gas extraction under a production licence takes place will not be counted toward Canada’s international marine conservation target.

Oceans Act MPA establishment process

1. Selection of Area of Interest (AOI)
2. Ecological, Social, Cultural, and Economic overview and analysis
3. Development of the Regulatory Approach and consultation with interested/ affected parties
4. Regulatory Process & Designation of the MPA
5. MPA Management

Marine Environmental Quality

The Minister may establish marine environmental quality guidelines, objectives, criteria, standards and requirements

Summary

• Under the Oceans Act, the Minister may establish marine environmental quality (MEQ) guidelines, objectives, criteria, standards and requirements respecting estuaries, coastal waters and marine waters.
• These MEQ management measures are to be established in collaboration with partners, including provinces, territories, Indigenous peoples, and coastal communities.
• The non-regulatory tools (e.g., objectives, guidelines) may be established by DFO and regulatory measures (e.g., standards, requirements) are implemented by the GiC, on the recommendation of the Minister.
• These integrated and evidenced-based tools and strategies can be developed to: understand environmental stressors; evaluate existing management measures or strategies; and, adjust existing measures and/or develop new ones.

Specific Commitments:

• Public consultations on a proposed Oceans Noise Strategy concluded in January 2021.
• The 2007 Statement of Canadian Practice with respect to the Mitigation of Seismic Sound in the Marine Environment is being reviewed and updated.

Marine Spatial Planning

The Oceans Act calls for the Minister of Fisheries and Oceans to “…lead and facilitate the development and implementation of plans for the integrated management of all activities or measures in or affecting estuaries, coastal waters and marine waters…”

Summary

Marine Spatial Planning (MSP) is a pragmatic approach to implement integrated management that brings together relevant authorities and stakeholders to better coordinate how we use and manage marine spaces to achieve economic, ecological and social objectives.

• MSP is an important tool in supporting oceans-related priorities, including:
  • Providing support to Canada's ocean economy;
  • Advancing collaborative relationships and governance structures with OGDs, Provinces, Territories and Indigenous peoples; and,
  • Enabling Canada to meet domestic and international commitments to marine conservation and protection.

Quick fact

• MSP is currently underway in five marine areas (map at Annex C) building on past integrated oceans management planning efforts.
• Four Marine Spatial Plans are to be developed by March 2024.

Decision Making is Informed By…

Science & Knowledge

• Improve the collective understanding of oceans using integrated science and knowledge to support all processes (i.e. ecological and socio-economic data, Indigenous Knowledge, local stakeholder and community knowledge).

Standards

• Minimum protection standards for federal MPAs and OECMs.

Socio-economic and Cultural Considerations

• Analysis of impacts of conservation decisions on marine resource users, stakeholders, and coastal communities. Analysis of data on diverse ocean topics for MSP processes.

Partner Collaboration and Stakeholder Engagement

• Collaborative governance with OGDs, Provinces/Territories and Indigenous peoples. Active participation of stakeholders (industry, environmental groups, and coastal communities).

Annex A: Conserved Areas

Description

Canada’s Marine and Coastal Protection August 2019: 13.81%. Indicates areas under protection by various groups

• Red: DFO Marine Protected Areas
• Blue: DFO Marine Refuges
• Green: Environment and Climate Change Canada
• Yellow: Parks Canada Agency
• Brown: Joint Federal and Provincial
• Lavender: Provincial

Annex B: Legislative and regulatory tools for establishing conserved areas

Fisheries and Oceans Canada

• Oceans Act MPAs
• Fisheries Act marine refuges
• Potentially additional OECMs

Environment and Climate Change Canada

• Marine National Wildlife Areas
• Marine portions of Migratory Bird Sanctuaries and National Wildlife Areas

Parks Canada Agency

• National Marine Conservation Areas
• Marine portions of National Parks

Provinces and Territories

• Through their own legislative mechanism

Indigenous Governments and Groups

• Potential for marine Indigenous Protected and Conserved Areas

Annex C: Current MSP Planning Areas

The planning areas shown here,[star], include;

• Pacific North Coast
• Pacific South Coast
• Bay of Fundy/Scotian Shelf
• Newfoundland-Labrador Shelves
• Estuary and Gulf of St. Lawrence

Description

Map showing the location of the 5 planned MSP areas. Two are located on the west coast (Pacific North Coast and Pacific South Coast) and three are located on the east coast (Bay of Fundy/Scotian Shelf, Newfoundland-Labrador Shelves, and Estuary and Gulf of St. Lawrence).

Species at Risk decision making

Species at Risk: A Shared Responsibility

The Species at Risk Act (SARA, 2004) is administered by three core federal departments:

• Fisheries and Oceans Canada (DFO)
  • Manages aquatic species other than for those individuals found in Parks Canada- managed waters
• Parks Canada Agency (PCA)
  • Manages individuals of species found in or on the federal lands it administers
• Environment and Climate Change Canada (ECCC)
  • Manages all other species, including migratory birds
• The Ministers of these three departments are referred to as “competent ministers” for Species at Risk.
• The Minister of Environment and Climate Change has overall responsibility for administration of the Act and is currently the competent Minister for PCA.
• The Minister of Fisheries, Oceans and the Canadian Coast Guard shares responsibilities with the Minister of Environment and Climate Change if the aquatic species is found both inside and outside areas managed by PCA.

Purpose of SARA

The purpose of SARA is to:

• Prevent wildlife species from becoming extirpated (no longer existing in the wild) endangered (facing extirpation or nearing extinction) or becoming extinct (a species that no longer exists).
• Provide for the recovery of wildlife species that are extirpated, endangered or threatened as a result of human activity
• Manage species of special concern to prevent them from becoming endangered or threatened

DFO’s SARA Decision-Making Role

• Provide listing advice on aquatic species to ECCC for recommendations to the Governor in Council (GIC), which results in a decision whether the species should be listed for legal protection under SARA
• Approve recovery strategies, action plans, and management plans for aquatic species depending on the GIC listing decision
• Implement Critical Habitat Orders to prohibit activity which can lead to the destruction of listed species under the Act

DFO’s SARA Activities

1. Participates in assessments
2. Provides recommendations on listing and critical habitat protection advice
3. Implements and enforces protection and certain recovery measures applicable to listed aquatic species (e.g., Critical Habitat Orders and Prohibitions)
4. Prepares recovery documents
5. Implements recovery measures through science, collaboration with external stakeholders (i.e., Grants and Contribution programs), and management efforts
6. Monitors and reports on progress of recovery/management activities

SARA Decision Making – Key Phases

• Assessment
  • Committee on the Status of Endangered Wildlife in Canada (COSEWIC – arms- length scientific assessment body) assesses species.
  • The Minister of Environment and Climate Change is responsible for all response statements on consultation plans.
  • You provide advice for aquatics as part of the Response Statement
• Listing
  • Three possible listing options:
    • List
    • Do not list
    • Refer back to COSEWIC
  • The Minister of Environment and Climate Change makes all listing recommendations to the GIC.
  • You provide advice for aquatics to the Minister of Environment and Climate Change.
• Recovery Planning
  • Recovery strategies, action plans, and management plans
  • You are responsible for approving these recovery documents.
• Protection
  • When a species is listed as threatened, endangered or extirpated, it becomes illegal to kill, or harm it. Critical habitats are also protected from destruction.
  • You have various protection tools (e.g. ministerial orders) at your disposal based on the GIC listing decision.
• Reporting
  • SARA requires you to monitor and report on the implementation of recovery documents every five years.

Departmental Support is informed by:

• Science advice
  • Peer reviewed scientific information outlining status, and what is necessary to recover / conserve species
• Socio-economic considerations
  • Analysis of socio-economic impacts of species listing and protection activities, as well as the costs and benefits of stated recovery and protection measures
• Consultations
  • A broad set of advisory processes to determine views on conservation and management efforts
    • Includes Indigenous consultations: meaningful engagement on potential decisions
• Legal advice
  • On the operation of the Act and court interpretations
• Tri-departmental policy
  • A suite of tools (some under development) for consistent approaches to the implementation of the Act for terrestrial and aquatic species
• DFO policy
  • A suite of tools to guide on-the- ground implementation of the Act for aquatic species

Considerations for Decision Making

• DFO is responsible for the protection and conservation of aquatic species but also has responsibilities for regulating activities that may harm aquatic species (e.g., fishing) or fish habitat (e.g., hydro-electric)
• Constitutional division of powers makes the federal government responsible for “sea coast and inland fisheries”; however, overlap with provincial jurisdiction necessitates involvement from both orders of government (e.g., water use, forestry)
• Courts de facto require ministerial orders for aquatic species’ critical habitat protection

Current Issues

• Management of impacts of economic recovery and major projects on species at risk (e.g. endangered whale populations)
• Addressing the number of species that require listing decisions, and recovery / management document backlogs
• Improving implementation and monitoring of actions to support on-the- ground recovery of aquatic species at risk

Annex A: SARA – Detailed Process

• Assessment
  • COSEWIC, an independent committee of scientists and experts, assesses species as extinct, extirpated, endangered, threatened, of special concern, data deficient or not at risk
  • Within 90 days of receipt of the COSEWIC Annual Report, the Minister of Environment and Climate Change must publish a response statement
• Listing
  • Legal listing of a species occurs when it is added to Schedule 1 of SARA; this constitutes regulatory action
  • Government must make one of the following decisions: list the species at the status assessed by COSEWIC; decide not to list; or, refer the assessment back to COSEWIC for further information or consideration
  • Emergency Listing also possible
• Recovery Planning
  • Recovery strategies are required for species listed as threatened, endangered, or extirpated
  • Action Plans flow out of Recovery Strategies and must state proposed measures to implement the Recovery Strategy
  • Management Plans contain measures for conservation of species of special concern
• Protection
  • Minister is required to protect the critical habitat of a threatened, endangered or extirpated species by triggering the prohibition against destruction
  • Various tools such as prohibitions, Orders to protect critical habitat, and conservation agreements
  • Emergency Orders also possible
• Reporting
  • SARA requires the Minister to assess and report on the implementation of Recovery Strategies and Management Plans every 5 years until their objectives are met or the species’ recovery is no longer feasible.
  • Reporting on Action Plans takes place only once, 5 years after implementation.

Annex B: External Engagement Mechanisms

• Canadian Endangered Species Conservation Council (Legislative requirement)
  • Federal, Provincial and Territorial (F/P/T) Ministers responsible for conservation and management of species at risk, including the Minister of Fisheries, Oceans, and the Canadian Coast Guard(led by Minister of ECC)
  • Council has not met in recent years and gaps exist regarding the appropriate venue for F/P/T Ministers to discuss species at risk issues
• National Aboriginal Council on Species at Risk (Legislative requirement)
  • Members include representatives from First Nations, Inuit and Métis communities
  • Purpose: to advise the Minister on administration of the Act; and to provide advice and recommendations to the Canadian Endangered Species Conservation Council
• Multi-Interest Nature Advisory Committee (MINAC)
  • Being established by ECCC as an advisory body on 'nature' issues; to be comprised of a diversity of partners and stakeholders
  • Purpose: to advise the Minister of ECC on their priorities/mandate commitments related to nature.

Aquaculture in Canada

Purpose

To provide an introductory overview of the aquaculture sector and aquaculture management across Canada.

Context

• Aquaculture is the farming of fish, shellfish and aquatic plants in fresh or salt water. In Canada, it was first used to enhance natural stocks. It is now a large-scale commercial industry across the country. It provides direct and indirect economic benefits to many local and regional economies.
• Aquaculture can take place in a variety of environments – in the ocean (in coastal areas and offshore), in freshwater (in ponds) and on land (in tanks).
• Cage aquaculture, also referred to as “net pen” aquaculture, is used to grow finfish in freshwater and marine environments.

Aquaculture in Canada

• 45 different species of finfish, shellfish, and marine algae cultivated commercially; finfish accounts for most production (mainly salmon).
• The value of finfish production in 2019 decreased for the first time in five years, down 15.9% from 2018 to $1.1B.
• Total export value in 2019 for aquaculture was $959M, with a total production value of $1.23B. Exports represent 78% of production value.
• Industry provides well-paying, year-round jobs to thousands, many in remote coastal and Indigenous communities.

Description

Production by province, 2019

• BC 54%
• PEI 14%
• NB 13%
• NFL 10%
• NS 5%
• Ontario 3%
• Quebec 1%
• Prairies 0%

Aquaculture Management in Canada

• Aquaculture management in Canada is a shared responsibility.
• Constitutional authorities and legal rulings have resulted in three different aquaculture management regimes in place across the country.
• DFO is the lead regulator in BC and PEI; elsewhere, the provinces are the primary regulators.
• Through the Canadian Council of Fisheries and Aquaculture Ministers, DFO engages with provinces and territories on aquaculture management.

How fish farming is managed in Canada

Fish farming is managed by federal, provincial and territorial governments
How it’s managed varies across provinces and territories

Federal Regulatory Responsibilities

Aquaculture activities are managed through DFO regulatory responsibilities and nine other federal statutes and their respective regulations.

• Fisheries and Oceans Canada
  • Fisheries Act
    • Aquaculture Activities Regulations
    • Fishery (General) Regulations
    • Management of Contaminated Fisheries Regulations
    • Marine Mammal Regulations
    • Pacific Aquaculture Regulations
• Agriculture and Agri-Food Canada
  • Agriculture and Agri-Food Act
• Environment and Climate Change Canada
  • Canadian Environmental Protection Act
• Health Canada
  • Food and Drugs Act
• Pest Management Regulatory Agency
  • Pest Control Products Act
• Transport Canada
  • Canada Shipping Act
  • Canadian Navigable Waters Act
• Canadian Food Inspection Agency
  • Feeds Act
  • Health of Animals Act
  • Safe Food for Canadians Act

DFO and Aquaculture Management

The Department uses a number of tools to support aquaculture management: regulations, policies, scientific research, monitoring, enforcement, engagement and collaboration.

• Regulatory Framework and Legislation
  • Federally, aquaculture is primarily regulated under the Fisheries Act and associated regulatory authorities.
  • The Department has been consulting on new legislation (i.e., federal aquaculture act) designed to reflect the distinct context and requirements associated with aquaculture management in Canada.
  • The Department has been pursuing the development of a new set of federal regulations, the General Aquaculture Regulations (GAR), to streamline and improve aquaculture-specific regulatory provisions.
• Key programs support delivery of legislative responsibilities for aquaculture management
  • Sustainable Aquaculture Program
  • B.C. Aquaculture Regulatory Program
  • Fisheries and Aquaculture Clean Technology Adoption Program (FACTAP) (2017-2023)
  • National Aquatic Animal Health Program – co-delivered by the Canadian Food Inspection Agency (lead) and DFO Science, which is responsible for diagnostic testing and research on aquatic animal diseases to support the health of aquatic resources and market access for all Canadian seafood.
  • Introductions and Transfers Program - live fish are intentionally moved for many purposes. DFO coordinates with the CFIA, provinces and Yukon to issue transfer licences based on an assessment of ecological, disease, and genetic risks.
• Governance and Collaboration
  • Federal-Provincial-Territorial coordination via bilateral MOUs and through the Canadian Council of Fisheries and Aquaculture Ministers and its Strategic Management Committee on Aquaculture.
  • Indigenous and Multi-stakeholder Advisory Body and Technical Working Groups (Fish Health, Area-based Management).

Role of Aquaculture Science

The regulatory regime is based on and informed by comprehensive science research, monitoring and advice:

• Under the Sustainable Aquaculture Program, DFO Science conducts priority aquaculture research to support decision making.
• The Program for Aquaculture Regulatory Research (PARR) supports priority aquaculture research to increase the relevant science knowledge base to support and advise DFO ecosystem-based environmental regulation and decision-making.
• The Aquaculture Collaborative Research and Development Program teams industry with DFO researchers to undertake collaborative research activities that lie within the mandate of DFO. While these projects are based on the needs and priorities of the industry, they are also aligned with DFO priorities, and the results obtained provide valuable information for regulators.

Aquaculture science research informs science advice to DFO managers through the DFO Canadian Science Advisory Secretariat (CSAS) peer review process. CSAS is the vehicle used to provide regional and national peer-reviews which generate consensus-based advice that is provided to DFO decision-makers and made public.

Taken together, these and other Science programs, such as the Aquaculture Monitoring Program, provide the scientific underpinning for regulatory decision making.

DFO Aquaculture Science Advice

Robust, transparent scientific peer-review process
Recent Priorities: Canadian Science Advisory Secretariat (CSAS)

• National
  • CSAS fish pathogen transfer risk assessments
  • CSAS advice on a post-deposit monitoring program for drugs and pesticides under the Aquaculture Activities Regulations
  • CSAS advice on sulphide methodologies for benthic(sea floor) monitoring
• Regional
  • Newfoundland CSAS on site application reviews
  • Wild-cultured freshwater fish interactions
  • Baynes Sound Shellfish Carrying Capacity

CSAS Process

• Call for requests for science advice
• Developing requests for science advice
• Developing the Science Advisory Schedule
• Developing the ToR & peer-review logistics
• Analysis/Working paper
• Peer-review assessment & drafting the science advice
• Submitting the science advice & supporting documents
• Publishing the science advice & supporting documents

Canadian Aquaculture Considerations

Public expectations for robust, science based aquaculture management have increased in recent years.

• Balancing economic development and environmental sustainability
• Ensuring meaningful Indigenous engagement and involvement in aquaculture management
• Accounting for an evolving regulatory and legislative environment
• Recognizing and respecting federal, provincial and territorial relationships and responsibilities
• New government priorities on aquaculture
• Support public confidence and understanding of DFO’s science results through transparency and peer review

Snapshot of Issues in British Columbia

Vocal Public Opposition

Views on aquaculture are polarized.

There is ongoing and sustained opposition to marine salmon aquaculture from some First Nations communities, segments of the public, and environmental non- governmental organizations.

Negative public perception of aquaculture in B.C. is impacting aquaculture development and is creating a risk to investor confidence in the sector.

Finfish Site Closures: Broughton, Discovery Islands

In 2018, B.C. signed a letter of understanding with First Nations in the Broughton Archipelago, requiring all aquaculture operators to have agreements with local First Nations by June 2022. The process resulted in closure of 17 sites.

Following consultations with First Nations, on Dec 17, 2020, the Minister of Fisheries and Oceans announced the phase out of 19 sites in the Discovery Islands area by June 30, 2022.

Combined, the sites account for 48% of B.C.’s 2019 annual production of farmed salmon.

Net-Pen Transition

In partnership with the Province of B.C. and Indigenous communities, DFO has been working to create a responsible plan to transition open net-pen farming in coastal BC by 2025.

Licence Renewals

All existing B.C. finfish aquaculture licences are up for renewal as of June 30, 2022.

Though currently localized in B.C., these issues may shape the future of aquaculture in Canada.