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Fisheries committee  Thank you for that question. I think what we were discussing was how the current NAFO convention we operate under was brought into effect in 1978, well before modern international fisheries instruments such as the UN Fisheries Agreement you referenced. That agreement brought great emphasis on the importance of an ecosystem-based approach to the management of fisheries, a precautionary approach to such management, and cooperation amongst parties on the high seas to the management and securing of conservation and sustainable use.

October 8th, 2009Committee meeting

David Balfour

Fisheries committee  Because we are operating under the 1978 convention, the Faroe Islands have objected and they've established a quota for 3L shrimp that is 10 times the quota established by NAFO. This quota was set out for everyone on the basis of historic shares and uses. This has carried on for five years, and under present circumstances it would just continue to carry on.

October 6th, 2009Committee meeting

David Balfour

Fisheries committee  Yes, that is something that would require that kind of voting. I would think that if any measure of that sort were ever to be contemplated sometime in the future, any request or proposal that came forward from Canada would include with it the measures to ensure that there was proper and full supervision by Canada with respect to any activity by other NAFO parties within the Canadian zone, be it for scientific research purposes, enforcement, surveillance, or whatever to ensure that Canadian sovereignty was in no way being compromised.

October 6th, 2009Committee meeting

David Balfour

Fisheries committee  Absolutely.

October 6th, 2009Committee meeting

David Balfour

Fisheries committee  It doesn't even then come to a vote. As I said, at NAFO we endeavour to operate by consensus. Most of the measures, the conservation measures that are being adopted, are done through a consensus process. It's all about cooperation. If Canada didn't see some useful purpose and conditions that were acceptable to Canada for any scientific research or enforcement or whatever within the Canadian zone, then it would just not happen.

October 6th, 2009Committee meeting

David Balfour

Fisheries committee  There is no process under the current convention for any of that. It's a matter that would have to be dealt with through an undefined process, currently.

October 6th, 2009Committee meeting

David Balfour

Fisheries committee  The Province of Newfoundland and Labrador was actively involved in all deliberations in the lead-up to the negotiation of this amended convention, just as they are involved in all NAFO meetings. For example, this year they participated, along with the Newfoundland industry, in a number of preparatory meetings with the department.

October 6th, 2009Committee meeting

David Balfour

Fisheries committee  It's the 12 parties.

October 6th, 2009Committee meeting

David Balfour

Fisheries committee  It would be a request from Canada. The request is not put to a vote. Canada can request what it chooses and wishes to request.

October 6th, 2009Committee meeting

David Balfour

Fisheries committee  Well, we're saying that Canada could vote against the measure that maybe we requested. So it would be in a meeting of the fisheries council, with all 12 parties present, where Canada would vote against the measure.

October 6th, 2009Committee meeting

David Balfour

Fisheries committee  It would still not happen. The provision is very clear that Canada would have to both ask for it, in the first place, and it would have to vote for it. So if it votes against it, then it doesn't happen. It allows Canada, then, to say, well, we think we want to do, say, scientific research or whatever for these purposes; these would be the conditions under which we would consider doing it, this is how we would supervise it, and so on.

October 6th, 2009Committee meeting

David Balfour

Fisheries committee  Yes, that's correct.

October 6th, 2009Committee meeting

David Balfour

Fisheries committee  Well, first, as I think we explained earlier, this provision is present in other modern conventions for RFMOs. It was reviewed by Department of Justice experts at Foreign Affairs, and it's our view that it doesn't present an issue or a risk to us. Certainly, with respect to the decisions that are being taken by NAFO and the views that are brought forward by the Canadian delegation, we are very much mindful of operating within scientific advice.

October 6th, 2009Committee meeting

David Balfour

Fisheries committee  There are 12 members of NAFO. As we described earlier, the operating approach of NAFO is to reach decisions by consensus, not by votes.

October 6th, 2009Committee meeting

David Balfour

Fisheries committee  It would be Canada that would request it.

October 6th, 2009Committee meeting

David Balfour