Question Period Note: Russia as a Party to the Northwest Atlantic Fisheries Organization (NAFO)

Russia as a Party to the Northwest Atlantic Fisheries Organization (NAFO)

The Government of Canada deplores the Russian invasion of Ukraine.

We are working closely with NATO and G7 partners, as well as other likeminded countries, in our approach to Russia within the international community.

This includes at international fisheries and oceans organizations, like the Northwest Atlantic Fisheries Organization – or NAFO.

Russia does not -and will not, fish in Canadian waters.

Russia as Chair and President of NAFO
Russia became the Chairperson and President of the organization last September. Just yesterday, the incumbent informed all parties that he had stepped aside.

If pressed on removing Russia from NAFO
Canada is one Party to NAFO. We are engaged with other Parties on how to approach this situation.

We will take action with our allies to sanction Russia for its aggression in ways that have the desired impact.

• 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. Regional fisheries management organizations (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 and the Russian Federation, 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.
• This would carry a risk that they would disregard the conservation and enforcement measures in place (e.g. total allowable catches, bycatch limits (including for species under moratoria), etc.). As the largest inspection presence in the NRA, Canada would also need to consider implications with respect to authority to undertake boarding and inspections of Russian vessels under NAFO protocols, as well as implications and risks (i.e. safety, wiliness on Russia’s part to allow boarding and inspection) for Canadian Fisheries Officers undertaking such inspections. As per NAFO measures, such inspections would only take place with the permission of the master.
• There are currently 19 Russian vessels authorized to fish in the NAFO Regulatory Area, but only approximately five to six regularly fish in this area, depending on yearly NAFO allocations. There are currently (as of March 3, 2022) two Russian vessels fishing for redfish in the NRA, on the tail of the Grand Banks outside of Canada’s EEZ (NAFO division 3N). These vessels operate out of Port Vigo (Cangas) Spain. While originally Spanish vessels, they are now flagged to Russia.
• The President and Chairperson of NAFO is Russian (as of September 2021), but yesterday Parties were informed via official correspondence that he has chosen to step aside. 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.

None