Good afternoon.
Thank you to the standing committee for the opportunity to be here regarding the review of the Fisheries Act. I have distributed some copies of my presentation. If you're going to be following along, I'll note that I may skip some sections in respect of the time limit.
The Newfoundland and Labrador seafood industry was worth more than $1.2 billion in 2015, with aquaculture accounting for $161 million. It directly employed over 17,000 individuals throughout our province.
Newfoundland and Labrador is experiencing a regime shift from shellfish to groundfish. The province's seafood industry will require supports to seize the new opportunities afforded by this shift, including investments in innovation, technology transfer, infrastructure, and skills development to ensure that it is sustainable and globally competitive.
Seal populations have been growing substantially since the 1970s and are having a significant impact upon our marine ecosystem.
Not surprisingly, sustainable marine resources are vital to Newfoundland and Labrador's current and future prosperity. It is imperative that the need for economic development is balanced with environmental protection.
The existing federal Fisheries Act was enacted to give the Government of Canada the authority to manage Canada's fisheries and protect the habitat that supports them.
The province supports the federal government's efforts to open the Fisheries Act to reform Canada's system for fisheries management. Opening the review to only lost protections and modern safeguards does not give the opportunity to address the issues of all stakeholders.
We have always maintained that fisheries management decisions, for which the Fisheries Act gives DFO the authority, should be based on sound scientific advice and should respect and reflect the rights of harvesters as adjacent and historical users. Therefore, I recommend that these be incorporated in legislation as key principles for access and allocation decisions.
The current owner-operator and fleet separation policies are important elements of Atlantic fisheries policy. They maintain harvester independence while ensuring that benefits from fish resources accrue to active participants. Enshrining these policies in legislation will support the viability of our coastal communities.
Newfoundland and Labrador was the first province in Canada to recognize fish harvesters as professionals. In 1996, the province passed the Professional Fish Harvesters Act, which recognized the special skills and experience required to become a professional fish harvester. Currently, DFO policy requires that a harvester be certified as a level II professional fish harvester in order to receive the transfer of a core enterprise. Our province recommends that this, too, be recognized in federal legislation.
In June 2012, the federal government passed amendments to the Fisheries Act, which DFO stated were in line with DFO's core mandate and increased regulatory efficiencies and did not obstruct economic development. Under the revised legislation, protections have been limited to fish species that can be defined as being part of a commercial, recreational, or aboriginal fishery, as well as applying only if fish will be seriously harmed. DFO is restructuring its habitat program, which is now the fisheries protection program, and is reducing regional habitat offices from 68 to 15 across the country.
The current mandate of DFO's minister includes the direction to work with relevant ministers to review the precise government changes to the Fisheries Act and the Navigable Waters Protection Act, to restore lost protections and incorporate modern safeguards, and to review Canada's environmental assessment processes. There is a good deal of interplay among these pieces of legislation, and it is important that we avoid duplication.
The Canadian Council of Fisheries and Aquaculture Ministers agreed to create a task group to review the changes made to the federal Fisheries Act and conduct a detailed assessment of these amendments. My officials have been engaged in a review process, and I understand that the recommendations from this task group will also be presented to the standing committee.
At this time, my department is in consultation with other provincial departments to determine what protections have been lost, if any, and what further analysis is required. Following discussions with the provincial Department of Environment and Climate Change, I have several general points to communicate on the issues of fish habitat protection.
Continued, improved, and increased engagement and collaboration between DFO and provincial and territorial departments and agencies are essential for the development and implementation of clear and effective legislative policies. Engagement and collaboration are critical to balancing the need to reduce red tape with restoring any protections that may have been lost. Our province is currently a member of an FPT committee on lost protections that consists of regional DFO officials and provincial officials from several departments. It is imperative that venues such as these exist to share information concerning potential lost protections.
DFO requires only that proponents partake in an online self-assessment to determine if their project avoids or mitigates impacts on fish. This requirement translates to an unrealistic expectation that proponents must understand the types of ecological and biological impacts their projects are likely to cause. At a minimum, proponents should be required to register projects through a self-assessment process so that follow-ups would be possible. However, DFO staffing capacity throughout our province is small, and the majority of the regional offices have been closed. Therefore, there are not enough fish habitat specialists to do the follow-up checks to verify if the proponents' self-assessments are accurate.
Most importantly, we do not believe that the self-assessment protocol currently in place can offer full protection to inland waters, fish, and fish habitat. A more rigorous, systematic, and regionally based assessment conducted by DFO officials should be considered. In addition, from a wider enforcement perspective, DFO should provide resources sufficient to enforce the Fisheries Act at the regional level.
I would now like to discuss issues pertaining to our aquaculture industry. Balancing the needs for our aquaculture industry—so important for economic development—while protecting the environment is key. I would like to point out that the aquaculture industry has a vested interest in environmental stewardship. We are looking to the future for the opportunities that exist for new growth. The aquaculture industry provides exciting opportunities for economic diversification in Newfoundland and Labrador.
We currently have successful aquaculture operations, and we have seen great benefits for the regions and other parts of the province from this industry. This industry is an important contributor to the social and economic viability of our province and its rural communities.
The Government of Newfoundland and Labrador recently launched “The Way Forward: A Vision for Sustainability and Growth in Newfoundland and Labrador”. Throughout our vision, we have committed to growing our aquaculture industry by doubling salmon production and more than doubling mussel production. Newfoundland and Labrador is open for aquaculture development. We want to attract companies with clear plans and the ability for sustainable development in aquaculture sites throughout our province.
In 2015, after review, the aquaculture activities regulations, or AAR, came into force. Under the current regime, the activities of licensed aquaculture operations specified in the regulations are authorized and exempt from section 35(1) of the Fisheries Act. As stated, the AAR clarifies conditions under which aquaculture operations may install, operate, maintain, or remove an aquaculture facility, or undertake measures to treat fish for fish health reasons, as well as deposit organic matter under sections 35 and 36 of the Fisheries Act.
Our department is pleased with the improved clarity of the AAR in regard to aquaculture activities. Our interest is to continue to work collaboratively with DFO to improve the federal and provincial governance framework around aquaculture. Any review of the Fisheries Act should take the AAR into consideration and ensure that any proposed changes do not duplicate or conflict with the applications of the AAR.
Further discussions will be required on the implementation of this review for the aquaculture industry. In addition, I note that the Senate committee's recommendation to pursue “national” legislation on aquaculture may have unknown implications on this review and for the aquaculture industry at this point.
In closing, I am pleased that DFO has invited Canadians to take part in the online consultation on fish habitat through the Government of Canada's online consultation site. I would like to thank DFO regional staff for assisting the provincial government during this review process.
Again, thank you to the committee for this opportunity to present this afternoon.