Question Period Note: Food, Social, and Ceremonial Fisheries

Background on food, social, and ceremonial fishing

• Fisheries and Oceans Canada issues food, social, and ceremonial fishing licences to Indigenous communities to implement the communal right.
• Food, social, and ceremonial fishing varies by community throughout the year, and is not always aligned with commercial seasons or areas.
• Food, social, and ceremonial licences reflect consultations, regulations, and management measures to promote conservation and a safe and orderly fishery.
• Food, social, and ceremonial catches are not for sale. DFO takes enforcement action as required to address illegal fishing and sale of catches.

• Several court decisions (particularly the 1990 Sparrow decision) have found that certain Indigenous groups have the right to fish for food, social, and ceremonial (FSC) purposes – essentially, the right to fish to meet the internal needs of their communities.
• Following those decisions, DFO established a policy to provide FSC access to Indigenous groups across the country, this includes both Section 35 rights holders as well as other Indigenous organizations, such as native councils.
• FSC licences are developed following consultations with affected Indigenous groups and conditions of the licence are based on specific considerations present within each Indigenous community.
• Once a communal licence is issued to a community, individual Indigenous harvesters are designated by their communities to access the FSC fishery, as specified under the Aboriginal Communal Fishing Licences Regulations.
• The Department’s position has been that FSC catches cannot be sold, but they can take place outside the established commercial fishing seasons.
• DFO will continue to conduct monitoring, control and surveillance activities, with the objective of ensuring access to orderly, safe, and sustainable fisheries in support of the Department’s management objectives.
• In early February 2022, DFO initiated a comprehensive consultation process with all First Nations in the Maritimes region about proposed changes to FSC lobster licences ahead of the 2022-23 season which started June 1, 2022.
• The main focus of this consultation process was to identify and support the FSC needs of the community, gear marking and other operational elements, and strengthening monitoring and catch reporting. The outcomes were captured in FSC conditions of licence.
• From 2018 to 2020, DFO Pacific Region conducted a broad engagement with First Nations in the region to better understand their FSC concerns and interests. The outcomes were captured in a “What We Heard” report; updating the 1993 Policy for the Management of Aboriginal Fishing was identified as a key step to address concerns. The “What We Heard” report continues to inform DFO’s national work to address FSC concerns.
• Consultations will continue with Indigenous partners across Canada to facilitate FSC community needs.

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