Question Period Note: Five Nations Crab Mitigation

What is Fisheries and Oceans Canada doing to compensate Area E Tofino crab harvesters who are losing opportunities in light of increases to the Five Nations’ crab allocations?

• We are committed to working with the Five Nations and commercial crab harvesters to implement right-based sale fisheries in an orderly manner.
• The court directed that increases to the Five Nations’ allocations must be provided even if sufficient mitigation is not already in place.
• Increases to allocations were initiated in 2022-23, with the balance to be implemented in the 2023-24 fishing season.
• The Department is working to mitigate increases to Five Nations’ crab allocations and anticipates that further Voluntary Licence Relinquishment rounds will be required.

• As a result of the April 2021 BC Court of Appeal decision DFO reassessed the crab allocations for the Five Nuu-chah-nulth First Nations within the Court Defined Area and increased the Five Nations’ crab allocation beginning on April 1, 2022.
• DFO and the Five Nations agreed to phase in their allocation increase over two years, with some of the increase being implemented in the 2022-23 fishing season and the balance in the 2023-24 fishing season. This is intended to align with the development of the Five Nations’ fishing capacity and support an orderly transition of fishing access between the commercial fishery and the Five Nations right-based sale fishery.
• Commercial fishery representatives are unhappy that the Department did not have mitigation in place in time for April 2022 and that their trap allocations have had to be reduced; however, the Courts stated that an inability to mitigate access is not a justifiable reason to delay providing access needed to accommodate the right.
• Following meetings the Department held with the commercial sector on December 15 and 23, 2021, the commercial sector sent a letter recommending: 1) licence relinquishment prior to providing increased access to the Five Nations, 2) an increase in the trap limit in Area E, 3) a reconsideration of the Five Nations’ allocation, and 4) compensation for affected licence holders.
• None of these options are possible. Increasing crab traps would compromise the fishery management regime, and the percentages being offered to the Five Nations are reasonable based on analysis of the court decision. Further, voluntary licence relinquishment processes, based on the “willing buyer – willing seller” principle, have been the Department’s preferred approach to achieve mitigation, but this is based on market value as opposed to direct compensation for lost opportunity or other items (e.g., vessels and other capital).
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• Separately, DFO has launched Crab Fishing Area Re-Selection, under which crab vessel owners/licence eligibility holders may change their area of selection for the next three-year period beginning April 1, 2023, ending March 31, 2026. While Area Re-Selection is not undertaken for mitigation purposes, it is possible that licences acquired outside of Crab Management Area E Tofino could be applied to mitigate the Five Nations’ right-based sale fishery.
• The crab fishery management regime comprises effort controls (i.e., crab trap limits and vessel length restrictions). The current Area trap limits were established in 2017 due to an increase in vessels selecting Area E-Tofino, which resulted in an increase in vessel traffic, crab trap congestion, gear conflict, and increased handling of crab.

• DFO has engaged with both Five Nations representatives and Area E Tofino crab harvesters throughout this process.
• Increasing overall crab trap allocations in Area E Tofino, would run counter to conservation objectives.
• We are committed to achieving full mitigation for Five Nations’ right-based crab fishery and reducing the impacts to Area E Tofino crab harvesters as quickly and as practically possible through Voluntary Licence Relinquishments.