Question Period Note: Fisheries Act Enforcement

• Our Government is committed to sustainable management of fisheries, as well as the conservation and protection of fish and fish habitats, and places a priority on ensuring fisheries are supported by strong management and effective enforcement.
• My Department is responsible for the implementation and enforcement of the Fisheries Act. The Act empowers our dedicated Fishery Officers, both on the water and at the wharves, to work with harvesters and communities in conserving and protecting our fisheries.
• Non-compliance with the Fisheries Act is not acceptable. When a contravention to the Fisheries Act is detected, Fishery Officers have a comprehensive enforcement toolkit that allows them the discretion to respond appropriately, using a range of enforcement methods to encourage compliance.
• These methods include education, verbal or written warnings, and ticket issuance, arrest and formal charges, where warranted.
• While education remains a valuable enforcement tool, it is not always the first approach, particularly in serious or high-risk situations that require immediate enforcement actions to protect resources and preserve regulatory integrity.

• 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 that 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 4,600 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, 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, 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. DFO will continue to engage regularly with the commercial industry to help develop its understanding of 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, 2024, 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 seized a vessel, 15 untagged lobster traps, and 291 lobsters.
• On September 5, 2024, 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 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-U.S. boundary year-round, and since August 2024, 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 U.S. tags. DFO followed up with United States Coast Guard and the National Oceanic and Atmospheric Administration to pass along the information to them.

Food, Social and Ceremonial
• 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 fishing, social and ceremonial (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 FSC 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 operate in a complex environment, particularly with respect to their enforcement role and requisite recognition of 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 the Act and the Coastal Fisheries Protection Act.
• Fishery Officers are typically designated as enforcement officers under the Oceans Act and the Species at Risk Act, and as such they 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 8, 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 the Maritimes Region began refusing certain work due to concerns about their safety. Workplace safety is of paramount importance to DFO. The Department has reinforced existing safety measures in response to the danger identified by the Labour Program and provided additional plans to further support and protect our Fishery Officers.
• The Labour Program’s determination is that danger can exist in certain situations if known hazards, specifically those posed by high-powered firearms, are left unmitigated.
• To mitigate these risks, the Department will continue to follow established safety protocols designed to protect Fishery Officers in situations where such threats are present. This includes, when necessary, seeking assistance from Public Safety and police services.
• Fishery Officers are dedicated, highly trained professionals and any acts of violence or threats directed toward them will not be tolerated.

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 licences.
• The Department works to ensure fishing activities supports conservation and that Indigenous harvesters are able to carry out food, social and ceremonial fishing activities without interference from others.
• Any interference with this fishery will not be tolerated and may be subject to enforcement actions under the Fisheries Act, depending on the nature and severity of the offence.
• Many First Nations harvesters continue to exercise their right to fish lobster for food, social and ceremonial fishery purposes in southwest Nova Scotia under licences issued by my Department, which authorize such fishing outside of the commercial season.
• Fish harvested under food, social and ceremonial licences are for those purposes only and cannot be sold, bartered, or traded, which is stated as a condition on all food, social and ceremonial licences. 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.
• Fishery Officers actively conduct patrols at sea, on land, and in the air to monitor compliance with licence conditions, and to help support an environment where Indigenous harvesters can carry out their authorized fishing activities without interference.
• This has resulted in the seizure of two vessels and over 897 traps, including 514 untagged and 154 crates of lobster, which were released back into the ocean during the 2024-25 season.
• Fishery Officers work closely with the Nova Scotia Conservation Officer Service to conduct other enforcement activities toward deterrence and prevention of the unauthorized sale of lobster harvested without a commercial licence.

If pressed on the incident in Shelburne County, Nova Scotia
• The Government of Canada takes very seriously the allegations regarding the arrest and release of two Mi’kmaw harvesters in Nova Scotia on March 26, 2024.
• To that end, three members have been appointed to an external review panel.
• The external review is being conducted independently, with no direct role for my Department in the day-to-day work of the investigative team.
• The external investigation will follow best practices in investigative methodologies and practices, and will rely on strong experience.

If pressed on lobster poaching in Canada/United States boundary
• Fishery Officers patrol the Canada-U.S. boundary year-round and work closely with counterparts in the U.S. on issues of enforcement.
• In 2024, Fishery Officers in southwest New Brunswick seized American lobster traps-tagged with Americans lobster tags that were placed over the boundary line in Canadian waters, in violation of the Coastal Fisheries Protection Act. The courts issued an order of forfeiture, and the gear was destroyed.
• Throughout 2024, there were seven instances of American lobster traps being seized in Canadian waters by southwest New Brunswick Fishery Officers.