Question Period Note: Fisheries Act Enforcement

• Our government is committed to sustainably managing fisheries, as well as conserving and protecting fish and fish habitat, and places a priority on ensuring fisheries are carried out in an orderly manner.
• We amended the Fisheries Act in 2019 to strengthen these protections.
• Fisheries and Oceans Canada manages implementation of the Fisheries Act, and verifies compliance with it through a risk-based and intelligence-led enforcement approach.
• Our fishery officers monitor activities on and off the water, and when warranted, seize gear, catch and lay charges for violations under the Fisheries Act.
• Fishery officers take a progressive approach to enforcement, taking situational factors into consideration in the exercise of their discretion. This approach begins with providing education and issuing warnings, and can escalate to making arrests and laying charges, as circumstances warrant.

BACKGROUND
• Over the past 23 years, the Department has invested over $630 million for licences, vessels, gear and training in order to increase and diversify Marshall beneficiary First Nations’ participation in the commercial fisheries to advance the pursuit of a moderate livelihood right. These investments have resulted in meaningful economic benefits which continue to increase year over year. For example, annual landed value among these First Nations has increased from $3 million in 1999 to over $170 million in 2019, an increase of 4600 per cent. Additionally, another $52 million of yearly revenue is generated through fisheries-related businesses (e.g., processing, aquaculture) owned and operated by Atlantic First Nations.
• In 2017, Fisheries and Oceans Canada (DFO) received a mandate to negotiate Rights Reconciliation Agreements on fisheries with Mi’kmaq and Wolastoqiyik First Nations in Nova Scotia, Prince Edward Island, New Brunswick, and the Gaspé region of Quebec, as well as with the Peskotomuhkati Nation at Skutik, with the objective of recognizing and implementing the historic treaty rights (Supreme Court of Canada Marshall Decision of 1999), including the right to fish in pursuit of a moderate livelihood, and to ensure a stable and predictable fishery for the benefit of all Canadians.
• These agreements are time-limited with an option for renewal; provide for signatory First Nations to develop approaches to fishing to meet their particular objectives and importance to their communities, such as an emphasis on jobs or income; and put in place co-governance structures and collaborative management processes between First Nations and DFO.
• A voluntary commercial licence relinquishment approach, also known as willing buyer-willing seller, continues to be the Department’s preferred method to acquire fishing access for moderate livelihood fishing as it promotes conservation, transparency, and stability in the fishery. The mandate expired in April, 2023, with DFO having concluded seven Agreements with 15 First Nations.
• DFO recognizes that while significant progress has been made since Marshall, more work is needed and the Department remains committed to continuing engagement with Treaty Nations to further implement their right to fish in pursuit of a moderate livelihood.
• DFO remains committed to ongoing engagement with industry, through regular and frequent communication, to support transparency related to the implementation of Aboriginal and treaty rights. We will continue to engage regularly with the commercial industry to help the Department understand industry’s perspectives with respect to the implementation of Indigenous rights.
• Stakeholder and broader public views and interests related to fisheries management are sought through numerous processes, such as regular dialogue with DFO officials, consultation processes, and involvement in parliamentary processes; these perspectives are taken into account in all aspects of DFO’s work, including negotiations with Indigenous communities.
• On August 27 in St. Mary’s Bay, fishery officers arrested, and later released three individuals who are under investigation for offences under the Fisheries Act. Fishery officers also seized a vessel, 15 untagged lobster traps and 291 lobsters.
• On September 5, in the waters near Lunenburg, Nova Scotia, fishery officers arrested and later released three people who are under investigation for offences under the Fisheries Act. Fishery officers also seized a vessel, six traps and 63 lobsters.
• All lobster seized on both occasions were released live back into the ocean.
• Fishery officers patrol the Canada-US boundary year-round, and since the beginning of August this year, fishery officers in Southwest New Brunswick have seized American lobster traps that were placed over the boundary line in Canadian waters for offences under the Coastal Fisheries Protection Act, which are now under investigation. The American traps we seized are tagged with US tags. We followed up with United States Coast Guard (USCG) and the National Oceanic and Atmospheric Administration (NOAA) to pass along the information to them.

Food Social and Ceremonial (FSC)
• The 1990 Sparrow Supreme Court of Canada decision was the first of several rulings finding that First Nations have an Aboriginal right (recognized and affirmed under section 35(1) of the Constitution Act, 1982) to fish for FSC purposes and that this right takes priority—after conservation—over other users of the resource.
• DFO introduced the Aboriginal Fisheries Strategy (AFS) to provide a framework for managing Indigenous fisheries in a manner consistent with the Sparrow decision. Through the AFS, DFO and First Nations seek to negotiate mutually acceptable and time-limited fisheries agreements. These agreements contain provisions related to amounts that may be fished for FSC purposes, species, gear, area, and other factors for the co-operative management of the FSC fishery.
• Once a communal licence is issued to a community, individual Indigenous harvesters are designated by their communities to fish for FSC purposes, as specified under the Aboriginal Communal Fishing Licences Regulations.
• The Department’s position has been that Fish harvested under FSC licences are to be used for food, social and ceremonial purposes only, and cannot be sold, which is stated as a condition of licence on all FSC licences.

Enforcement
• Conservation and Protection (C&P) is the Enforcement Division for DFO.
• Fishery officers are operating in a complex environment, particularly with respect to their enforcement role and recognizing Indigenous and treaty rights, while at the same time performing their duties to enforce fisheries legislation. Increasingly, they must navigate the enforcement of the law in an environment where there is often profound disagreement around the scope of these rights.
• Fishery officers are designated under the Fisheries Act, and are authorized to enforce that Act and the Coastal Fisheries Protection Act.
• Fishery officers are also typically designated as enforcement officers under the Oceans Act and the Species at Risk Act), and as such they also have enforcement responsibilities under these Acts.
• Violations of a criminal nature such as theft, destruction of property, acts of violence are beyond the scope and mandate of C&P and are the responsibility of the local police of jurisdiction.
• C&P works with enforcement partners when they discover potential violations or acts of a criminal nature that fall outside their scope or mandate.
• On March 26, 2024, an incident involving the arrest and release of two Mi’kmaq individuals in Shelburne County, Nova Scotia was reported. Allegations were brought forward against C&P officers regarding the treatment of the two Mi’kmaq individuals. On July 8th, the Minister announced a comprehensive external review of the incident to examine the events. Once the external review is concluded, a report with recommendations will be presented and made public.
• Since July 19, 2024, some fishery officers in DFO’s Maritimes Region are refusing certain work due to concerns about safety of their work. Workplace safety is of the highest importance to DFO.
• Fishery officers who are not refusing work are carrying on with operational duties throughout the region.

If pressed about a case before the courts
• We do not comment on ongoing investigations, or cases currently before the courts.
• My Department prioritizes the safety of harvesters, the public, and fishery officers at all times.

If pressed on enforcement efforts in relation to moderate livelihood fisheries in the Maritimes
• My department is working with First Nations harvesters so that they can exercise their constitutionally protected Aboriginal and Treaty rights to fish.
• These fisheries include food, social and ceremonial, and communal commercial fisheries, including interim understandings reached to fish in pursuit of a moderate livelihood.

If pressed on St. Mary’s Bay
• Fishing lobster for food, social and ceremonial purposes in St. Mary’s Bay is supported by Fisheries and Oceans Canada licences.
• The department works to ensure fishing activity taking place supports conservation and that Indigenous harvesters are able to carry on food, social and ceremonial fishing activities without interference from others.
• Any interference with this fishery will not be tolerated, and anyone found to be interfering is subject to enforcement under the Fisheries Act.
• The sale, barter, or trade of food, social and ceremonial catch is not authorized under the Fisheries Act. Anyone caught selling, buying, or offering to buy or sell food, social and ceremonial -caught lobster may be arrested, have their catch and gear seized, and be charged.
• Many First Nations harvesters are currently exercising their right to fish lobster for food, social and ceremonial fisheries (FSC) purposes in Southwest Nova Scotia under licences issued by my department that authorize such fishing outside of the commercial season. Fish harvested under FSC licences are for food, social and ceremonial purposes only and cannot be sold, bartered or traded, which is stated as a condition on all FSC licences.
• Fishery officers are actively conducting patrols at sea, on land and in the air - to monitor compliance of harvesters with licence conditions, and to ensure that Indigenous harvesters can carry on with their authorized fishing activities without interference. This has resulted in the seizure of two vessels and over 175 untagged traps with the lobster released back into the ocean.
• Fishery officers are also working closely with the Nova Scotia Conservation Officer Service to conduct other enforcement activities to deter and prevent the unauthorized sale of lobster harvested without a commercial licence.

If pressed on the incident in Shelburne County, Nova Scotia:
• On July 8th, I announced a comprehensive external review to examine the events of March 26 in Shelburne County, Nova Scotia.
• This external review will review the internal administrative investigation and examine the Department’s policies, enforcement practices, and procedures to eradicate the potential for systemic biases or racism in those policies.
• I look forward to seeing the results of this external review along with the report and recommendations which will be presented and made public.

If pressed on the refusal of fieldwork under the Canada Labour Code by some Maritimes region Fishery Officers
• Some fishery officers in Fisheries and Oceans Maritimes Region are refusing certain work due to concerns about safety of their work. Workplace safety is of the highest importance to my Department. The Department makes every effort to provide a secure and healthy work environment for our employees.
• Fisheries and Oceans respects the right of employees to refuse dangerous work, and we take reports of dangerous work seriously.
• When an employee refuses work, based on dangerous working conditions, we are obligated to investigate any report as a requirement under Part II of the Canada Labour Code.
• My Department makes every effort to minimize operational impacts and continue enforcement activities. Fishery officers continue to verify compliance with the Fisheries Act and investigate potential offences.

If pressed on lobster poaching in Canada
• Fishery officers patrol the Canada-US boundary year-round, and since the beginning of August this year, fishery officers in Southwest New Brunswick have seized American lobster traps (tagged with Americans Lobster tags) that were placed over the boundary line in Canadian waters for offences under the Coastal Fisheries Protection Act, which are now under investigation.