Thank you, Mr. Chair and the committee for having us.
The Maritime Fishermen's Union, MFU, represents over 1,300 inshore owner-operator fishermen in New Brunswick and Nova Scotia. Since its inception in 1977, the MFU's mission has been to represent, promote and defend the interests of inshore fishermen in the Maritimes and their communities.
I have four recommendations today.
The first is strengthening owner-operator protections. In 2018, the MFU supported all proposed changes to the Fisheries Act that had to do with increasing protections to the owner-operator fisherman concept.
The MFU is also one of the founding members of the Canadian Independent Fish Harvester's Federation. As such, we fully support the federation's recommendations here today, as just cited by Ms. Sonnenberg.
The central theme for independent inshore fishermen is ensuring that the benefits of the fishery resource flow to the people who fish it, not to large corporations or outside investors. While the 2019 amendments to the Fisheries Act and subsequent regulations in 2020 put these policies into law, loopholes in the regulations and ineffective enforcement remain a problem.
As such, controlling agreements or other creative legal workarounds are still used by fish processors and outside interests to exert effective control over fishing licenses and the proceeds from the catch, undermining the independent fishermen.
It should be mandated to have stricter, more frequent and more proactive enforcement of the anti-controlling agreement provisions. This may include following the money to trace the ultimate beneficiary of the catch and increasing penalties like fines, licence suspensions and cancellations for confirmed violations by non-harvesters who exert control.
Another area that needs to be addressed is the indigenous commercial communal loophole. The Marshall decisions and subsequent indigenous fishing access transfers were never about bands leasing out fishing licences and quotas to non-native interests; they were about giving fishing access to band members so that they could pursue a livelihood in the fisheries.
Currently, bands can purchase and accumulate owner-operator licences, convert them into communal licences, and then lease them out, bypassing owner-operator protections. It should be made mandatory, through policy or regulations, to have indigenous participation in the prosecution of indigenous commercial access—boots on the boats.
My second recommendation is effective enforcement of the Fisheries Act. More effective penalties designed to dissuade would-be offenders—especially punitive for repeat offenders—are also needed for conservation-related offences. As some resources on fisheries have become more lucrative, financial penalties have not followed increased income levels from the fisheries. A review of appropriate penalties in all fisheries is required.
My third recommendation is enhancing co-management and consultation. Fishermen often feel that management decisions, particularly in crisis situations—such as the right whale crisis in Atlantic Canada and the Atlantic mackerel moratorium—are made for them, not with them.
While the minister may consider social, economic and cultural factors, these considerations are discretionary and not mandatory. If the act is opened, it should be amended to make the consideration of social, economic and cultural factors a mandatory requirement for the minister when making decisions related to the inshore commercial fishery.
To ensure that the expertise and livelihoods of commercial fishermen are fully integrated into the fisheries governance, the reviewed Fisheries Act must mandate more formal structured and ongoing consultation processes with fishermen and their associations.
I'll skip to my fourth recommendation in the interest of time: Review the current Fisheries Act for redundancies and inefficiencies. Since the last review of the Fisheries Act, it has become evident that the DFO workload has expanded significantly but without necessarily improving their results.
For example, among the additions to section 6 of the Fisheries Act, the part that mandates that the minister develop and implement fish stock rebuilding plans leads to management redundancies and focuses rebuilding of fish stocks on fishing efforts solely, whereas, in many instances, climate change and changing predation dynamics are the leading causes of fish stock collapse and of their inability to recover.
In some cases, fish stocks may never recover into historical healthy zone status according to the current outdated precautionary approach of DFO. These sections could be repealed and resources redirected to enhance holistic ecosystem science and resource management through current advisory committee structures.
Finally, the precautionary approach should be modernized to account for habitat carrying capacity changes related to climate change and other changing environmental factors.
Thank you.