Thank you very much, Mr. Chair.
Good afternoon, everyone.
I appreciate the opportunity to talk about DFO's role in combatting illegal fishing and to answer any questions about the proposed amendments to the Coastal Fisheries Protection Act.
Before I do that, though, I'd like to introduce the colleagues here with me today. I'm very pleased to have with me here on my left, Mr. Allan MacLean, director general of conservation and protection. Allan has overall responsibility for enforcement activities at DFO. As well, on my right, I'm very pleased to be joined by Tim Angus, acting director general of external relations. He has overall responsibility for international negotiations for policies on fisheries, oceans, and trade, as well as federal, provincial and territorial relations.
Illegal fishing is a global problem that requires a global solution. One solution was negotiated under the auspices of the Food and Agriculture Organization of the United Nations, in the form of a new treaty, entitled the “Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing”. It is also called the “Port State Measures Agreement”, for short.
The goal of this treaty is to undermine the economic incentives behind illegal fishing. The key requirement of this treaty is to prevent the trade of illegally harvested fish. This is done by taking action against foreign fishing vessels trying to land illegal catches, and by taking action against other vessels or methods of trying to import illegally harvested fish into countries.
A 2008 study commissioned by the Government of the United Kingdom estimated that global economic loss due to IUU fishing, or illegal, unreported and unregulated fishing, ranges from $10 billion to $23 billion U.S. per year, representing 11% to 19% of total global reported legal catch.
Illegal fishing undermines the livelihoods of legitimate fish harvesters, such as Canadian fishermen, because illegal fish harvesters can operate more cheaply and sell their products more cheaply by not following rules and regulations, such as documenting catch, respecting catch limits, applying ecosystem protection measures, and implementing labour requirements. Illegal fishing also undermines efforts to ensure fisheries are sustainably managed and that ecosystems and habitats upon which they rely are appropriately protected.
Canada has a well-regulated fishery, as fishing violations are kept to a minimum and policies for sustainable use are implemented. However, Canadian fish harvesters are part of the global fishing industry and Canada needs to be part of the international effort to stop illegal fishing, even when it takes place in other parts of the world.
As a responsible fishing nation, Canada is committed to implementing efforts that stem the trade of illegally harvested fish and seafood products. Our key trading partners, the United States and the European Union, as well as other responsible fishing allies, continue to work domestically to stop illegal fishing through strong actions at their borders and ports. With our allies, we need to remain vigilant in the face of illegal fishing operators who seek to profit from being out of sight on the high seas.
Bill S-3 is an Act to amend the Coastal Fisheries Protection Act. Canada already has a robust port State measures regime in relation to foreign fishing vessels. All foreign fishing vessels wishing to enter Canadian waters and ports must apply for and receive authorization from the Minister of Fisheries and Oceans pursuant to the Coastal Fisheries Protection Regulations. The minister can issue authorization only if the foreign fishing vessel is in compliance with the conservation and management measures of a regional fisheries management organization.
However, in order to meet the requirements of the port state measures agreement, some amendments to the Coastal Fisheries Protection Act are required. The most important amendments in this regard include: number one, expanding inspection enforcement powers beyond the fishing vessel to any place where fish might be transported or stored; number two, strengthening prohibitions on imports of fish and seafood products, including marine plants that are illegally harvested; number three, adding the authority to permit foreign fishing vessels to enter Canadian ports for enforcement purposes; number four, facilitating information sharing among federal agencies and with relevant international organizations for enforcement purposes.
If you permit me, Mr. Chair, I will just review each of them briefly, in turn.
First, we must expand inspection and enforcement powers.
The Port State Measures Agreement makes reference to “container vessels”, as a possible means to transport illegally harvested fish. Although this would be a rare situation at this time, the intention of the negotiators of the agreement was to anticipate and close any potential gaps for how illegally harvested fish might be brought to markets. Should stronger measures be taken against fishing vessels, the idea is to take similar measures in relation to other types of vessels that might be used to transport fish not previously landed.
Of course, we need to avoid creating a burdensome regime for shipping vessels, which is why the definition of “fishing vessels” is carefully drafted. However, it also means that protection officers—whether from DFO or the Canada Border Services Agency—need to have enforcement powers that are not just limited to fishing vessels, but also apply to “any place” where illegally harvested fish may reasonably be kept.
Number two is strengthening prohibitions on imports. The broad scope of the port state measures agreement also means that we need to consider our regime in relation to the import of fish and seafood products. The key tools for determining whether a product should be considered illegal or not are whether the vessel is on the IUU fishing vessel list of a regional fisheries management organization and whether the fish import requires any documentation. It is a growing trend for fisheries management organizations to implement documentation requirements to prevent illegally caught fish from entering international markets. This documentation follows the fish when it is sold and when it is imported or re-exported.
Number three is directing foreign fishing vessels to port for enforcement purposes. The purpose of the port state measures agreement is to make it difficult and expensive for illegal operators to bring their fish to market. Hence, the agreement focuses on denying port entry and port services to vessels that engage in or support illegal fishing.
As mentioned, Canada already has these powers in its legislation. However, we need to be mindful that not all jurisdictions have such strong provisions and that Canada can help others in enforcing international and domestic laws. Thus, the agreement envisions a situation in which a flag state might order one of its vessels to a nearby port for the purposes of inspection and enforcement. Under our current legal regime, authorization to enter any port can be granted only if a vessel requests it. There is currently no mechanism to allow a vessel into our ports at the request of a flag state. If the vessel has violated a rule, then it may well not be inclined to seek entry to port on its own. A new provision needs to be included to allow the minister to authorize entry when the request comes from a flag state rather than the vessel, and in relation to enforcement purposes.
Finally, the amendments provide clear authorities for sharing information among the various federal departments and agencies. This would promote more efficient and better use of resources for enforcement purposes.
In summary, the amendments proposed in Bill S-3 will strengthen and clarify Canada's domestic regime to enable ratification of the Port State Measures Agreement and ensure that Canada maintains its place among countries that are leading the fight against illegal fishing.
Thank you again, Mr. Chair, for the opportunity to highlight the proposed amendments.
My colleagues and I would be pleased to answer any questions you or the committee members may have regarding this proposal.