Fisheries Committee on Nov. 1st, 2018

[The Chair, Mr. Ken McDonald (Avalon, Lib.)]

I call the meeting to order.

Pursuant to the order of reference of Wednesday, June 6, 2018, this is a study on the situation of endangered whales, motion M-154.

For this meeting this evening, we have witnesses from Fisheries and Oceans Canada. We have Philippe Morel, Assistant Deputy Minister; we have Adam Burns, Acting Assistant Deputy Minister; and by video conference, we have Patrick Vincent, Regional Director General.

As well, from the Office of the Auditor General, we have back again Julie Gelfand, Commissioner of the Environment and Sustainable Development, and Kimberley Leach, Principal.

Welcome, everybody. I know none of you are strangers to this committee, so we'll start off with your opening statements at seven minutes or less. I don't know if you're sharing the presentation or if there's just one person doing it.

When you're ready, Adam, please go ahead.

[Adam Burns, Acting Assistant Deputy Minister, Fisheries and Harbour Management, Department of Fisheries and Oceans]

Thank you very much, and I certainly thank you for having us here today. As you noted, I'm here with some colleagues from the department.

Thank you for the opportunity to be here today to discuss the situation of endangered whales in Canada.

As I'm sure you know, the government has been very actively engaged in implementing measures to protect whales over the last couple of years, and your work here in reviewing these measures, and what gaps may still exist, will be very valuable to us.

While we await your findings, the department continues to protect endangered whales. Just yesterday, Minister Wilkinson, along with his colleague Sean Fraser, the Parliamentary Secretary to the Minister of the Environment and Climate Change; and the Honourable Marc Garneau, Minister of Transport, announced a suite of additional measures that will help strengthen the protection and recovery of the southern resident killer whale.

The government has made an investment of an additional $61.5 million and announced a variety of measures, including ones aimed at continuing to identify and protect new areas of habitat necessary for survival or recovery of the southern resident killer whale population, introducing important measures aimed at protecting and recovering chinook salmon stocks that are significant for the southern resident killer whales, expanding the vessel slowdowns to further reduce underwater noise, developing agreements with ferry operators and other marine industry partners to formalize current voluntary measures to reduce noise, expanding vessel monitoring systems and capabilities to develop real-time ability to avoid whale encounters, and providing funding to Ocean Wise for the development and deployment of a whale report alert system.

The government is also launching consultations with the marine industry on the development and implementation of noise management plans, advancing feasibility work on one or more southern resident killer whale sanctuaries within sub-areas of the critical habitat the whales use for foraging, and enhancing regulatory control of five key organic pollutants.

Whales in Canada face a complexity of threats, such as the availability of prey, increased noise levels from passing ships and pollution in the water. Over the past two years, the Government of Canada has made substantial investments to protect endangered and at-risk marine mammals and support their recovery. Since 2016, the government has invested $1.5 billion in Canada's oceans protection plan, $167.4 million in the whales initiative and, yesterday, $61.5 million in measures directed specifically for southern resident killer whales.

With these investments, the government has taken and will continue to take significant actions to help protect marine animals from threats related to commercial fishing and marine traffic on all three coasts. This is especially true with regard to southern resident killer whales and North Atlantic right whales.

This suite of additional measures for southern resident killer whales, such as protection and recovery of chinook salmon stocks, will be accomplished through active collaboration with U.S. partners at both federal and state levels to harmonize protection measures on both sides of the border, which is critical, given the migratory patterns of the whales.

We're also pleased that other new measures, including speed restrictions for vessels and fisheries management measures in the Gulf of St. Lawrence, have been successful in reducing the risks for the endangered north Atlantic right whale population. In fact, thanks to the tremendous collaboration from the fishing and transport industries in implementing 2018 measures, there have been no observed north Atlantic right whale deaths in Canadian waters this year.

We continue to work with all involved as we review 2018 measures and improve them for 2019 based on this input and important new science advice we're expecting later this year. Just last week, Minister Wilkinson and DFO staff met with representatives from Atlantic Canada's fishing industry and indigenous groups, as well as marine mammal experts, to discuss the impacts of the 2018 fisheries management measures and seek input to help inform management decisions for 2019.

I would also like to highlight that the government has also made important investments in our marine mammal response program, providing $1 million per year to the world-leading third party responder groups that are the backbone of this program. With this investment, the government is making sure that the capacity is in place within the vital network of third party responders to respond to marine mammal incidents, including whale entanglements, should they occur.

Further bolstering protections of marine mammals, recent amendments to the marine mammal regulations will provide greater protection for marine mammals, including Canada's at-risk whales.

These amendments include measures to reduce disturbance associated with vessel presence by applying minimum approach distances, which is a recovery objective for the southern resident killer whale, the St. Lawrence estuary beluga and the North Atlantic right whale.

Other added measures include mandatory reporting for accidental contact between vessels or fishing gear and marine mammals, and regulating marine mammal watching.

ln order to address the risk of entanglement with North Atlantic right whales, several fishing gear management measures were applied to fisheries with a likelihood of interactions with right whales. Measures included reducing the amount of rope floating on the surface of the water; gear marking; additional identification of buoys; increased surveillance; and the requirement to report lost gear for all fisheries, an important step to reduce the risk of ghost gear.

The department continues to foster innovation in fishing technologies and methods that would maintain an active fishing industry while also reducing the risk of whale entanglements.

We will continue to collaborate to review, assess and recommend the implementation of measures to address the threats to marine mammals.

This review put forth by the standing committee will aid us in taking stock of present measures and provide the government with a focus for future efforts.

My colleagues and I would be happy to respond to any questions you may have.

[The Chair]

Thank you, Mr. Burns.

Now we go to the Office of the Auditor General for seven minutes or less, whenever you're ready.

[Julie Gelfand, Commissioner of the Environment and Sustainable Development, Office of the Auditor General]

Mr. Chair, I am pleased to be here today to discuss my report on protecting marine mammals, which was tabled in Parliament on October 2. I am accompanied by Kimberley Leach, the principal responsible for this audit.

Our audit looked at what the government had done to protect marine mammals from the threats posed by marine vessels and commercial fishing. In Canada, there are over 40 species of marine mammals—such as whales, dolphins and seals—and 14 populations are on the endangered or threatened species list.

We found that Fisheries and Oceans Canada, in collaboration with Parks Canada, Transport Canada and Environment and Climate Change Canada, was very slow to take action to reduce threats to marine mammals. Departments have several tools at their disposal to protect these animals. For example, they can establish protected areas, set speed limits for vessels, close or restrict fisheries and set distances for whale-watching boats.

We found that most of these tools were not used until the situation became severe. Twelve endangered North Atlantic right whales, which represent 3% of the world's remaining population, were found dead in the Gulf of St. Lawrence in 2017. The tools that were not used include the Species at Risk Act, marine protected areas and integrated fisheries management.

For example, we found the following.

First, only four of the 14 recovery strategies required under the Species at Risk Act were completed within the act's required timelines, and no action plans were completed on time. ln 2017, only seven of 14 action plans were finalized and the rest remain incomplete.

Second, dealing with the issue of marine protected areas, we know that they are not necessarily established to protect marine mammals. In fact, only three of the 11 marine-protected areas established by Fisheries and Oceans Canada are intended to protect marine mammals. What we found was that fishing and shipping are allowed in over 80% of our marine protected areas in Canada.

Third, another tool that wasn't used was the policy on managing bycatch. Up to and including the 2017 fishing season, only eight of the 74 fish stocks that had interaction with marine mammals had management measures in place as required by the policy on managing bycatch. None of these measures included gear restrictions. ln 2018, new restrictions were placed on fishing licences.

Fourth, if we continue to look at the issue of fisheries management, we see, in the case of the southern resident killer whale, that even though prey availability for that whale was identified as a significant threat to the species for many years, Fisheries and Oceans Canada had not taken action to implement quotas on chinook salmon fishing. The department announced such measures in the 2018 fishing season, which was subsequent to our audit period.

We also found that Fisheries and Oceans Canada lacked the resources and guidance to effectively respond to distressed marine mammals. There are about 900 incidents of distressed marine mammals each year, and very few people are trained to help.

The recent measures have been reactive, limited and late. The clock could well be running out for certain species, such as the west coast's southern resident killer whale, which has been listed as an endangered species for 15 years and whose population is now down to 74 individuals. There needs to be continued action from the departments to manage threats for all marine mammals.

This concludes my opening statement. We would be pleased to answer any questions the committee may have.

Thank you.

Thank you very much. We're ready to take your questions.

[The Chair]

Thank you.

Before I start the questioning round, I would like to welcome a couple of members to the committee today. They are Garnett Genuis from Sherwood Park—Fort Saskatchewan on the Conservative side, and somebody who of course needs no introduction to this committee, Mr. Scott Simms from Coast of Bays—Central—Notre Dame, Newfoundland.

Welcome to both of you.

First we'll go to the government side for seven minutes. Go ahead, Mr. Fraser.

[Colin Fraser, West Nova, Lib.]

Thank you very much, Mr. Chair. Thank you all for being with us today. I appreciate your presentations.

Mr. Burns, if I could start with you, I want to say that I very much appreciate yesterday's announcement regarding the significant investment, especially with regard to the plan for a sustained effort to recover the killer whale population.

Specifically with regard to chinook salmon, I'm wondering if you can expand on the investment that was made and how the investments the government is making will help increase the population of chinook salmon. We know they are the main source of food for the killer whales.

[Adam Burns]

Absolutely. There are a number of components, but clearly prey availability is a key one for southern resident killer whales, and their preferred food is the chinook.

We're continuing to identify and protect new areas of habitat necessary for their survival. Protecting the habitat, protecting the foraging areas, reducing noise and all of those sorts of things help with their foraging activity.

I believe also that there is a component in there to enhance the hatchery production. That results in a focus on a specific type of chinook salmon from the Fraser River, and it would result in a return of about 30,000 additional chinook salmon. That is a very significant increase, especially in that subcomponent of the chinook population.

[Colin Fraser]

Is that a one-time re-entry of 30,000 chinook salmon as juvenile salmon, or is this a long-term, sustained effort that will take effect over time?

[Philippe Morel, Assistant Deputy Minister, Aquatic Ecosystems Sector, Department of Fisheries and Oceans]

It's a long-term, continuous production of chinook for as long as it's needed to support prey availability for the killer whale. It's not a one- or two-year project just to grow the fish. It's more than that.

[Colin Fraser]

We heard somewhat contradictory testimony regarding seals and sea lions, depending on which witness appeared before the committee. They may be a problem in terms of being a predator for the chinook salmon.

Does this plan address that issue, or what is the department's position with regard to the possible overpopulation of seals and sea lions and its effect on chinook salmon?

[Adam Burns]

There's a complex ecosystem consideration that goes beyond simply harbour seals eating salmon that are prey for southern resident killer whales. Harbour seals, for example, are themselves prey for other whale populations. A lot more scientific information would be needed before any type of intervention of that nature could be considered.

[Colin Fraser]

Mr. MacLean from Nova Scotia indicated to this committee that there were concerns among a lot of fishermen regarding the consultations that were taking place, especially in the snow crab fishery. He mentioned that the recent meetings with the minister—in Halifax, I think—were welcome, that it seemed as though things had improved, and that he was thankful for that.

I'm wondering if you can update the committee on work that the department is doing for outreach to the fishing community and the level of consultations that are going to be happening going forward.

[Adam Burns]

That's been a real focus of our activities this fall: ensuring we take the time to inform people about improvements in the management measures for 2019 based on stakeholder input, as well as the scientific information that we'll be getting later in December.

We've had a number of local discussions with harvesters across Atlantic Canada and Quebec around what worked and what could be improved in terms of the management measures going forward. That culminated in the round table that the minister hosted last week in Halifax. All of that information will certainly be a critical consideration as we move forward to finalizing improvements for next year.

[Colin Fraser]

I think it's really important that the whole fishing community is included in these sorts of decisions. Being from southwestern Nova Scotia, I know it was welcomed that there were representatives at that meeting from the lobster industry there.

However, I can't stress how important it is to make sure that not only are consultations done, but that they're seen to be meaningful among the groups that are involved. Thank you for that recent work.

If I could turn to another thing, earlier today we heard a proposed measure from the Gaspésie professional fishermen. They were comparing the standard in regulation or policy between Canada and the United States. The proposal is basically regarding the closure of dynamic grids. Right now if a single right whale is spotted, that may trigger a closure of the dynamic grid, whereas in the United States it's when three right whales are simultaneously present.

Can you comment on why there's a different standard, and if any thought has been given to matching up the standard with the United States?

[Adam Burns]

The establishment of the protocol in Canada is based on the suite of measures we had in place and we were able to put in place for 2018, so to compare one measure to one measure in the United States doesn't necessarily tell the full story. The measures have to be considered in conjunction with each other in achieving the level of protection for the right whales that is necessary to ensure their survival.

Certainly, though, the issue of the one whale versus three whales is something that will be looked at. It's something that we expect to hear more about from our scientists early in December.

It's certainly something that will be considered, but I can't speak to what the outcome of all of that process will be at this point.

[Colin Fraser]

Do I have more time, Mr. Chair?

[The Chair]

You have 19 seconds.

[Colin Fraser]

Well, then, I'll thank the witnesses for being here.

[The Chair]

Thank you.

Now we'll go to the Conservative side and Mr. Arnold.

[Mel Arnold, Conservative, North Okanagan—Shuswap, BC]

Thank you, Mr. Chair.

Thank you all for being here—the Auditor General for the second time in a couple of weeks, and the officials from DFO.

I see in the announcement from yesterday, “enhanced regulatory controls over five persistent organic pollutants, including two flame retardants”.

There are obviously two specific pollutants that are flame retardants. Can you elaborate on what those are, where they're found and where they're used?

[Philippe Morel]

These are measures that are put in place by Environment Canada. I don't have the details on that.

The measures are either from Environment, Parks, DFO, or Transport. Those contaminants are from—

[Mel Arnold, Conservative, North Okanagan—Shuswap, BC]

There are obviously two very specific ones that have been identified, but you don't know what they are.

[Philippe Morel]

I know one is PBDE, the flame retardant that they use in clothing, but I don't know about the other one.

[Mel Arnold, Conservative, North Okanagan—Shuswap, BC]

They use it where?

[Philippe Morel]

It's used in clothing. Sorry, but I don't know the details about the other one.