Bill S-3 (Historical)

Port State Measures Agreement Implementation Act

An Act to amend the Coastal Fisheries Protection Act

This enactment amends the Coastal Fisheries Protection Act to implement the Port State Measures Agreement, to prohibit the importation of fish caught and marine plants harvested in the course of illegal, unreported and unregulated fishing and to clarify certain powers in respect of the administration and enforcement of the Act.

Port State Measures Agreement Implementation Act

[Don Davies, NDP, Vancouver Kingsway, BC]

Mr. Speaker, that is an excellent question. I would congratulate the government on its made-in-Canada procurement solution to our navy needs. I am very happy to see that the government has done that. The NDP has been calling for that for decades to make sure that we stimulate the Canadian shipbuilding industry.

The member is quite right that on the north shore of the Lower Mainland we have Seaspan, which is going to get, I think, several billion dollars of work. That will not only help British Columbians and the British Columbia shipbuilding industry but will provide what we all believe we need to have a well-equipped navy.

I want to just for a moment address his reference to the performance of the previous Liberal governments. Under the previous Liberal governments, and we have heard some bragging here, we saw the collapse of the cod fishery. We saw the mismanagement of several species of fishery stocks in this country, which created crises in many provinces. We saw an infrastructure deficit build up under the previous Liberal governments, which basically balanced their budgets by ignoring important infrastructure and pressing social needs.

Again, with a New Democratic government this October, Canadians will have a chance to see a government that actually invests in infrastructure and does not allow such a deficit to build up only to pass on that responsibility to future generations.

[Yvonne Jones, Liberal, Labrador, NL]

Mr. Speaker, it is always great to have dreams, I say.

Liberals believe in the vital role of the fishing industry. We know the number of Canadians who are dependent on this industry. Protecting this industry is why we brought in the 200-mile limit. It is why we challenged the Spanish in the turbot war. It was so we could protect the Canadian fishing industry from foreign fishing.

We support the bill before us today. However, the problem I see, and I ask the member if he shares this, is that it was the Conservative government that cut $4.2 million and 23 jobs in Canada's offshore surveillance of foreign fishing vessels. Today they are talking about giving more powers to Canadian fisheries protection officers and greater authority for enforcement, but do they not also need to give them the resources and tools to do their jobs appropriately and not cut the people who are out there enforcing these policies already?

[Don Davies, NDP, Vancouver Kingsway, BC]

Mr. Speaker, the member is correct in the sense that we can pass all the laws we want in the House, and we can put words on paper, but it really comes down to providing the actual resources on the ground to the civil service and the regulatory bodies that are charged with actually making the goals of these pieces of legislation a reality.

I want to stop for a moment, because my hon. colleague mentioned that it is good to have dreams, and it is. Tommy Douglas, one of the founders and towering figures of Canadian politics, said do not dream little dreams. What we saw yesterday in Alberta is what happens when people come together and choose the politics of hope and a politics of investing in our communities. They chose a New Democratic government that will provide a better form of government, not like the Conservative and Liberal failures that have marked this country for far too long. It will change this October.

[Fin Donnelly, NDP, New Westminster—Coquitlam, BC]

Mr. Speaker, I rise today to talk about Bill S-3, an act to amend the Coastal Fisheries Protection Act, the Port State Measures Agreement implementation act.

I just want to provide a little background. It is an act to amend the Coastal Fisheries Protection Act. It was introduced in the Senate, about which of course we have some serious concerns, not only about that body in the upper chamber but how this bill was introduced. However, it was passed at third reading on March 7, 2013, after prorogation. The bill was then reintroduced as Bill S-3 and passed through the Senate again. It was introduced in the House of Commons on February 11, 2014.

The bill would amend the CFPA to implement the United Nations Food and Agriculture Organization's 2009 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing. In addition, Bill S-3 would add to the act prohibitions relating to importing illegally acquired fish and marine plants, and would clarify some of the act's administration and enforcement provisions.

Under the CFPA, the act would also prohibit fishing vessels without nationality from fishing in Canadian or NAFO waters. The United States has introduced similar legislation in an effort to ratify the PSMA. It should be noted that the agreement can only come into force after it has been ratified by 25 nations.

We in the official opposition think this is a small step in the right direction. We, in fact, support this bill and support this measure. However, we have some serious concerns. We have some concerns about how this bill would be resourced and how it would actually come into effect and be implemented.

I want to talk about some of those concerns, whether they be the fisheries, the Coast Guard, or dealing with our oceans. I think this really speaks to the commitment of the government to invest in the real concern of illegal fishing, which is surveillance. We can look at the past actions of the government. When it comes to the fisheries, it has gutted the Fisheries Act.

This is a critical tool that has been used to protect our fishery for over 100 years in this country. It is a powerful piece of legislation. Under this watch, under this government, it has now been gutted. It specifically went after a section, under habitat, where it has made very significant changes that would weaken the Fisheries Act and the protection of our fishery.

The resources to habitat are critical because I think this speaks to what the government's agenda is, which is really focused on getting oil to the coast. We on the west coast certainly know that is a clear agenda the government has. It has been open about the Enbridge northern gateway pipeline, which would traverse northern British Columbia through watersheds that are critical to fish and fisheries. That is a clear objective that the government has, and it is overriding the fisheries and our commitment to a sound investment in fisheries.

We can also see that in terms of the government's lack of investment on science, or hearing from scientists. We are not getting that information from scientists because the government is muzzling those scientists. They are not able to speak out on some of these serious concerns. Once they find these concerns through their studies, getting that to the public is made even more difficult.

The government has made significant cuts to the department in terms of its resources over the years, and has not spent some of the budgeted funding that is available. We are seeing a pattern here in terms of the fisheries. When we look to the Coast Guard, which is there to protect our coast, to prohibit illegal vessels from coming into Canadian waters, we are seeing cuts there, as well.

We are seeing cuts in the busiest port in the country, Vancouver, to the Kitsilano Coast Guard station. There has been a huge outcry from many people across the political spectrum, from the province to cities to health concerns to mariners to recreational boaters. All have said the same thing, that closing that strategically located station in a key position in that port is going to not only cost lives but will make a difference.

My hon. colleague from Vancouver Kingsway mentioned we recently had a very small spill in English Bay, and that station could have played a key role in maintaining and confining that spill. Unfortunately, it was not able to do that. It is closed. The equipment that was there obviously could not be used. These are indications of a government that is not serious about investing in the resources needed to protect, investigate, and do the surveillance needed for an illegal fishery.

I come back to our Coast Guard. I am from the west coast. My riding of New Westminster—Coquitlam, along with Port Moody, right on the Fraser River, also touches Burrard Inlet, so I am nestled in coastal waters in an important riding that is part of the fisheries on the Fraser River. It is one of the greatest salmon rivers in the world. Therefore, it is important to my riding that the federal government is investing in coastal protection.

We had five MCTS stations on the west coast until the government closed three of the five. It closed the Ucluelet, Comox, and Vancouver stations. The Marine Communications and Traffic Services centres are really the air traffic controllers for the oceans. The centres play a critical role in knowing what vessels are out there and what is happening on the waters. The government is closing three of the five, leaving two, one in Victoria and one in Prince Rupert, near Alaska, to do the entire coast. This is unacceptable. This is going to cause problems. After the closure in Vancouver, there will be zero Coast Guard presence in Vancouver. Canadians and those on the coast in British Columbia and Vancouver find that completely unacceptable. It will lead to problems. They have been speaking out for years, in the case of the Kitsilano closure, and the government has refused to listen.

In terms of our oceans, we have a lack of science and knowledge about the changing of the oceans and the impact climate change, for instance, is having on our oceans. Also, there is acidification. The ocean is increasing in acidity, and that is playing a key role in how things change. That speaks again to a lack of investment to find out and to know what those key changes will be.

Earlier, I asked a question about why the government did not support my private member's bill to ban the importation of shark fins to Canada. Our scientists are telling us that sharks are playing a key role in maintaining the health of the oceans, and we are losing them at a dramatic rate, more than 100 million sharks a year. It is hard to fathom that we are losing that many sharks a year. They play a critical role in maintaining the balance of our ocean ecosystem, yet we are not getting the response needed from the government. It was a very close vote. It lost by five votes. All it needed was three more Conservative members. We did have three who stood up and voted with the opposition on that vote, but unfortunately, we did not have enough. That was a simple measure that could have made a difference.

I know the bill is just really a housekeeping measure, but if the government is really serious about tackling illegal fishing, then it must invest the resources needed to deal with our fisheries, including our Coast Guard, and also to look at our oceans.

It is important to mention some of the validators that have come forward to lend their concerns. I want to quickly finish by mentioning two. The Pew environmental group has said:

Illegal fishing is a major threat to the sustainability of the world’s fisheries. Some estimates are that illegal and unreported fishing accounts for up to $23.5 billion worth of fish annually worldwide, and up to 20 percent of all of the wild marine fish caught globally. In some parts of the world, the situation is even more dire. For example, fisheries scientists estimate that illegal fishing accounts for up to 40 percent of fish caught in West Africa.

I can go on. I wanted to mention Brad Caldwell, who is the west coast co-chair of the fisheries committee of the Canadian Maritime Law Association. However, I am out of time. Maybe somebody will ask me a question about what he had to say on this bill.

[Dany Morin, NDP, Chicoutimi—Le Fjord, QC]

Mr. Speaker, my question for my colleague is this. What did he say about that?

[Fin Donnelly, NDP, New Westminster—Coquitlam, BC]

Mr. Speaker, I appreciate that excellent question. That is going to allow me to enter into the record what Mr. Caldwell had to say, and it is important. He said:

The CMLA is strongly in support of DFO’s initiative to curb IUU fishing through the implementation of this bill. Although we strongly support it, there is one area where we feel there could be some modest room for improvement....

A suggested modest improvement to the bill involves the proposed change to section 13 of the Coastal Fisheries Protection Act. Our proposal would be very similar to a change that was proposed by the Government of Canada to section 71(2) of the Fisheries Act back in 2007 when it tabled Bill C-32.

I enter that into the record.

[Libby Davies, NDP, Vancouver East, BC]

Mr. Speaker, first I want to thank the member for New Westminster—Coquitlam for his outstanding advocacy and work in protecting fisheries on the west coast. He is a well-known champion and advocate, and his activism in response to the recent oil spill in English Bay was just outstanding. I know he spoke for thousands of people in metro Vancouver who have so much concern.

I would like to ask the member a question on his comments about the importance of coastal protection and how this, as he has pointed out, is really just a housekeeping bill, but the issue that underlies this is coastal protection. It seems incredible that three out of five of the marine communications control centres were closed. Is there anywhere else in the world that would have that kind of lack of oversight in and environment where so much of a complex coast would be unprotected, particularly in metro Vancouver where there is, of course, so much marine traffic? I wonder if the member would just expand upon that a bit more.

[Fin Donnelly, NDP, New Westminster—Coquitlam, BC]

Mr. Speaker, I thank my hon. colleague for her service to this House over the years. That is a great question.

As the member mentioned, I definitely have commitment to ocean health and ocean protection, as does our leader. We are committed to investing in the resources, which is what is really missing. The thrust of my speech was about how there is not that investment and commitment to make a difference in terms of illegal and unreported fishing.

When we look around the world at other jurisdictions, we see the opposite. Where there are similar moves to reduce government involvement, we see problems. In Europe, they are investing now. They are hiring more officials to deal with their coastal protection.

This is the wrong direction. Our Coast Guard officials to whom I have spoken have clearly said that cutting the MCTS stations is going to cost lives. This will not help in terms of increasing our surveillance on the waters. In fact, the limit on the west coast over which we as a country had surveillance was 50 miles just until late last year, when it was reduced to 12 miles.

These are both the wrong directions: to shrink our jurisdiction to 12 nautical miles off the west coast, and to shrink the amount of resources we are investing in protection. It is inexcusable. It is not the right direction. It is not what Canadians want.

I know that, on October 19, Canadians and those in Vancouver who were very concerned about the closure of the Kitsilano Coast Guard station and the lack of an MCTS station will have an opportunity to vote in an NDP government to make those changes, to make those investments to increase our coastal protection and communities.

[Rodney Weston, Conservative, Saint John, NB]

Mr. Speaker, I will be sharing my time today with the hon. member for Yukon.

I am pleased to stand in the House today to support Bill S-3, amendments to the Coastal Fisheries Protection Act. As my hon. colleagues have stated, these amendments would give Canada and our global partners the tools to combat illegal, unreported and unregulated fishing activities more effectively.

When it comes to foreign fishing vessels, Canada already has a robust port patrol system. The vast majority of annually stocked fishing vessels are Canadian. Our comprehensive port licensing and inspection requirements mean that vessels fishing illegally on the high seas already avoid Canadian ports.

Nevertheless, Canada has made a commitment to implement additional measures in order to support global efforts to combat illegal fishing worldwide. Once approved, the proposed amendments to the act will allow us to better protect the economic interests of our hard-working, legitimate Canadian fishermen and their families by strengthening the global effort to combat illegal fishing and further preventing access to the Canadian marketplace.

Of course, Canada is no stranger to strong fisheries enforcement and conservation. It is an area that we already take very seriously. For example, our domestic conservation and protection program applies a rigorous standard of scrutiny to our fisheries to ensure that practices are responsible and consistent with legal or regulatory requirements.

There are approximately 584 fisheries officers in the conservation and protection program, which continues to recruit new, dedicated talent. In fact, a new class of 22 recruits is currently training and is scheduled to graduate this month. We support the crucial work these officers do with the ongoing development of a national fisheries intelligence service, which complements existing enforcement efforts and will address the areas of greatest risk.

Additionally, five new specialized midshore patrol vessels were built and deployed on the east and west coast, specifically to conduct fisheries enforcement patrols. These efforts to protect our domestic fisheries are garnering real results. From 2012 to 2014, fisheries officers detected over 23,000 violations. They issued over 5,500 charges, which resulted in issuing over 2,600 tickets, and they obtained over 2,900 convictions, an overall $6 million in fines.

In the case of the Atlantic halibut, our government recently announced that over the past five years our enforcement efforts had resulted in over $1 million in fines and 164 convictions.

When it comes to ensuring the sustainability of our fisheries, our government is delivering for Canadians.

Turning to the amendments that we are discussing today, it is important that we take the same dedication to enforcing protection in our fisheries as we do to protecting the port activities of our country. As has been stated by my colleagues earlier, the proposed changes would make it an offence to import illegal, unreported and unregulated fish into Canada, cutting off potential trade of illegal and unsustainable catches.

On top of the penalties and charges, these amendments ensure that courts have the power to fine those convicted under the act for importing illegally harvested fish and seafood products, with a penalty equal to the financial benefits of their illegal activity. This is in addition to strict penalties under the act, which include a summary conviction that would land an illegal harvester a fine of up to $100,000, a conviction or indictment costing vessels up to $500,000, and subsequent convictions that would garner up to double these fines.

The purpose of the port state measures agreement is to create an economic disincentive for this illegal activity. That is why the amendments have included the provision for the courts to order the convicted parties to pay an additional fine equal to the estimated financial benefit they expected to gain from committing the offence. Under the proposed amendments, it would definitely not pay to do the crime.

The species of fish that tend to be targeted for illegal fishing are those of the highest of value. Bluefin tuna and albacore tuna are great examples. From an international perspective, the cost of not taking these actions is too grave to risk, both for our economy and the environment. We must continue to support the efforts of the responsible international fishing community.

The amendments also cover several changes in definitions for consistency with the port state measures agreement. These definitions are phrased carefully to avoid catching the wrong vessels in the enforcement net. While we are broadening our international leadership, we will not saddle our legitimate industry with unnecessary bureaucracy.

As an example, the amended definition of “fishing vessel” would include any craft used in the transshipping of fish for marine plants, but it would not include vessels merely equipped to transship at sea that are not involved in fishing activity and are not carrying fish nor previously controlled in another port.

Naturally, it is not our intention to search for illegal fish on vessels that ship wheat or manufactured products. The proposed amendments will also redefine the term “fish”. In keeping with the port state measures agreement and in alignment with the Fisheries Act, “fish” would include shellfish and crustaceans as well. These amendments would also add a definition of “marine plant” to reflect the broad scope of the international agreement.

Bill S-3 would strengthen the Coastal Fisheries Protection Act greatly, aligning it with the new global standard articulated in the port state measures agreement. As part of meeting our international obligations, the bill would allow us to protect the livelihoods of legitimate fish harvesters in Canada more effectively.

Canada is a net exporter of fish and seafood, and our world-class products increasingly find their way onto the dinner plates of customers across the globe. The European Union and the United States are our key export markets, to the tune of $3.5 billion per year. For them, as for us, combatting illegal fishing is a high priority. We want to work together with our global allies to combat this scourge, and these amendments would allow us to be at the forefront with our international partners and our customers.

I want to take this opportunity to urge all hon. members to join me in supporting this bill to protect the livelihoods of legitimate, hard-working fishermen, who play by the rules, and to ensure sustainable management of fisheries for generations to come.

[Anne-Marie Day, NDP, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, few people in the House know this, but I was born near a small coastal village in the Gaspé called Grande-Rivière. My father worked for many years at the fishery school. We talked about the industry at home. Soon, we will pass this bill.

Fisheries have been transformed over the past 50 or 60 years. They have become industrial. Canada has drawn coastal boundaries to protect its fisheries.

We support this bill, but I am worried. Earlier, the whip said that as part of the new action plan, information would be shared with other countries. Can we get a more specific action plan to protect our fisheries?

[Rodney Weston, Conservative, Saint John, NB]

Mr. Speaker, like the hon. member, I too was born in a coastal fishing community and I certainly have a great deal of respect for those who earn their living at sea. We would not want to do anything that would jeopardize that livelihood in any way, shape or form.

As per the port state measures agreement, we will participate with other countries that share the same beliefs and same goals that we have with respect to protecting a livelihood we value and cherish for many years to come. Under the agreement, we will continue to work with these countries to ensure this livelihood continues for many years.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, coming from the Prairies, Manitoba has a very strong, active commercial fishing industry that employs several thousand Manitobans and provides a substantial income. Whether it is on our many lakes or in the Churchill area, there is a great deal of concern with respect to overfishing or the types of fish being brought into Canada, potentially illegally.

How will this legislation impact Manitoba's commercial fishing industry?

[Rodney Weston, Conservative, Saint John, NB]

Mr. Speaker, I recognize that the province of Manitoba has a vibrant fishing community. As the member might or might not be aware, I chair the fisheries committee. My hon. colleague from Dauphin—Swan River—Marquette is always making the other members of that committee and me aware of how vibrant the industry in Manitoba is.

The port state measures agreement that we will sign on to through the passage of this legislation will enhance the protection of all fisheries in the member countries. We are in agreement with the other countries with respect to reducing the amount of unreported and unregulated fishing activities. We want to reduce the amount of illegal activity, which is good for our entire fishing industry. It will show that our country does not fool around when it comes to illegal activity, when it comes to protecting a fishery that so many depend on for their livelihoods. We are not prepared to screw around with that at all.

[Paulina Ayala, NDP, Honoré-Mercier, QC]

Mr. Speaker, there is one thing that worries me. Yes, this bill is a step in the right direction, but the Conservative government basically gutted the Fisheries Act, and the role of Fisheries and Oceans Canada is diminishing every year in coastal communities.

How, then, does the government plan to enforce this bill without adequate resources to do so? How can we eliminate illegal fishing without the resources needed to do so? It does not just magically happen; it takes resources.

[Rodney Weston, Conservative, Saint John, NB]

Mr. Speaker, the member might not have heard, but in my speech I noted that we had large enforcement agency and we would continue to expand it on an annual basis. This month we anticipate another 22 officers graduating, and we look forward to training more in the years to come.