Question Period Note: North Atlantic Right Whale and the U.S. Marine Mammal Protection Act

• The protection of the North Atlantic right whale population is a priority for our Government.
• 2020 is the fourth year that Fisheries and Oceans Canada has implemented specific fisheries management measures to help protect the North Atlantic right whale.
• A North Atlantic right whale Roundtable meeting was held in November 2019, which provided an opportunity for targeted consultations with stakeholders. Management measures for 2020, based on feedback from partners and stakeholders, were announced today.
• We thank our Indigenous partners, industry and other stakeholders and communities for their collaboration and efforts to protect right whales.

North Atlantic Right Whale
• To protect North Atlantic right whales from further harm, in 2017, the Government of Canada put urgent measures in place for these whales in the Gulf of St. Lawrence. These measures included: shutting down non-tended, fixed gear fisheries to minimize gear entanglements; increasing surveillance; and, implementing a slowdown on large vessels to avoid collisions.
• In 2018, fishery management measures included a fixed static fishery closure area, and temporary dynamic fishery closure areas for untended, fixed gear.
• The fixed closure area within the southern Gulf of St. Lawrence was based on the area where 90% of right whales were observed in the 2017 season. Areas subject to temporary dynamic closures were informed by right whale foraging areas.
• As a precautionary measure, to mitigate potential entanglement with fishing gear, sightings of North Atlantic right whales in the dynamic fishery closure areas resulted in temporary fishery closures to non-tended, fixed-gear fishing for a minimum of 15 days.
• Preliminary data shows catches for 2018 to be on par with recent years despite the closures.
• The suite of fisheries management measures and initiatives in place for fish harvesters in Atlantic Canada remains focused on preventing entanglement. this includes:
- Season-long and temporary area closures to snow crab and lobster fisheries (and all other non-tended fixed-gear fisheries) and targeted provisions this year for waters shallower than 20 fathoms (36.5 metres or 120 feet);
- Maintaining focused surveillance on the water and in the air to detect whales;
- Continued monitoring of vessel location and movement to ensure compliance with the measures;
- Ongoing measures to minimize the amount of rope in the water and to more effectively track rope and buoys;
- Mandatory reporting for lost gear;
- Mandatory reporting of interactions between vessels or fishing gear and marine mammals; and,
- Supporting industry trials of innovative fishing technologies (e.g., ropeless fishing gear) and methods to prevent and/or mitigate whale entanglement.
• On July 9 2019, Canada announced further measures to protect the North Atlantic right whale, which included:
- Expanding the dynamic zone to the entire Gulf of St. Lawrence covering 227,940 km2 (88,008 miles), stretching from the St. Lawrence seaway, to the Cabot Strait and Strait of Belle-Isle;
- Adjusting the trigger for fisheries closures so that if one whale is observed anywhere in the Gulf of St. Lawrence (including around Anticosti island, the Cabot Strait, as well as the Strait of Belle-Isle) the area of the sighting will close for 15 days for non-tended fixed-gear fisheries. Several fixed-gear fisheries in the southern Gulf of St. Lawrence, including Area 12 crab, close for the season on or before June 30. Other fixed gear fisheries are open later in the summer and fall, but are considered lower risk fisheries to right whales than those operating from April-June.
- Investing $1.2 million in 2019 as part of a $4.5 million commitment over four years to further enhance the Marine Mammal Response Program, which responds to marine mammals in distress, including disentanglement of North Atlantic right whales. this funding is part of the $167.4 million whales initiative in budget 2018.
• We are learning from, and making changes based on, the 2018 and 2019 experience to ensure continued protection of the species while being sensitive to the concerns and feedback from fish harvesters and all those affected by the measures.
• We are optimistic to see the birth of a fourth new calf. This is a positive sign towards recovery of this population.
• The U.S. Marine Mammal Protection Act (MMPA) contains provisions related to imports and protections of marine mammals during fisheries harvesting. the MMPA establishes conditions for evaluating a harvesting nation's regulatory program for reducing marine mammal incidental mortality and serious injury in fisheries and aquaculture activities.
• Fish and seafood-exporting nations must meet or exceed U.S. standards for bycatch of marine mammals during fishing operations.
• The MMPA import provisions were finalized at the end of 2016, but entry into force (January 1, 2022) was stayed for 5 years while the U.S. works with exporting countries – like Canada – through the implementation and compliance process.
• The U.S. is Canada’s major export market for fish and seafood, valued at just under $4.3B in 2018.
• On September 10, 2019 Canada submitted data on progress in implementing the MMPA, an important milestone on the way to meeting new import requirements.
• Canada’s final submission for comparability findings for its various export fisheries is the spring of 2021.

Gear Marking
• Industry was consulted starting in 2019.On December 20, 2019 the Department notified harvesters in Atlantic Canada and Quebec of proposed mandatory gear marking requirements for all non-tended, fixed-gear fisheries in 2020.
• These requirements, will enable gear to be identified by country, regions, fishery and, for crab and lobster fisheries only, by fishing area. This will support efforts to distinguish between Canadian and U.S gear in cases of marine mammal entanglements.
• Gear marking requirements apply to and include the following:
o all non-tended, fixed-gear fisheries in eastern Canada, two twines will be interlaced; one colour of twine will identify the Region and the second colour will identify the fishery. Each fishery will be attributed the same colour across all regions in eastern Canada.
o For lobster and crab fisheries in eastern Canada, a subsequent section of coloured rope will be added to identify the fishing area.
• Gear marking is mandatory on all vertical lines. Harvesters may also wish to use the same gear marking on other rope, such as buoy-to-buoy and ground lines.
• Fishers will be expected to comply with these new measures, which will be in effect by the end of the 2020 season. While non-compliance could lead to charges, each incident will be assessed individually and the primary focus will initially be on educating stakeholders and the public

2020 Fisheries Management Measures Announcement

• Our Government is taking further taking action to protect the endangered North Atlantic right whale.
• Working in direct collaboration with industry partners and conservation experts, we are implementing new measures that will see the fishing and transport industries adapt to the whales’ changing behavior. We are also implementing new season-long fishing closures in areas where whales are aggregating in the Gulf of St-Lawrence, expanding the temporary closure area to the Bay of Fundy, using underwater hydrophones to locate whales, and implementing new gear marking requirements.
• These new measures, and the progress we have made so far, are only possible because of the hard work and cooperation of our fish harvesters who share our goal of protecting this beautiful animal for generations to come.
Impacts on Fish Harvesters
• We acknowledge that closing areas to fisheries has economic impacts. We have worked with our partners and stakeholders to consider actions that help minimize these impacts while also achieving our conservation objectives.
• Our 2019 measures included adjustments based on the feedback we received from our partners and stakeholders.
• We will continue to work closely with our partners, stakeholders and the coastal communities and thank them for their hard work and commitment to protecting right whales.
U.S. Marine Mammal Protection Act Import Provisions
• DFO and Canadian industry are committed to protecting marine mammals from entanglement in fishing gear and maintaining access to the U.S. market.
• When it comes to actions taken by harvesters and required protocol to help protect the North Atlantic Right Whale, we are confident in Canada’s measures.
• We will continue to work closely with Canadian harvesters, Indigenous groups, and provinces and territories to meet the new U.S. export requirements for when they enter into force in 2022.

Gear Marking
• Our government is taking all necessary steps to help protect whales, including North Atlantic right whales, from fishing gear entanglements and vessel strikes.
• In February 2019, we announced new mandatory gear marking measures for non-tended, fixed-gear fisheries in Atlantic Canada and Quebec for the 2020 season.
• We are working with harvesters across Atlantic Canada and Quebec to implement this important measure.
• The gear marking requirements will identify country, region, fishery, and, for lobster and crab fisheries only, the specific fishing area.
Rationale for Gear Marking
• Information collected from marked gear will:
o help government officials distinguish between Canadian and U.S right whale entanglements; and,
o contribute to evidence-based decisions for potential fisheries management measures in the future.
• Gear marking is mandatory for U.S. fixed-gear fisheries.
• We are confident that Canada’s measures meet or exceed U.S. standards and are comparable in effectiveness to the measures in place in the U.S.