Evidence of meeting #40 for Fisheries and Oceans in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was mackerel.

A recording is available from Parliament.

On the agenda

Members speaking

Before the committee

Wareham  President and Chief Executive Officer, Icewater Seafoods Inc.
Andrea Paul  Regional Chief of Nova Scotia, Assembly of First Nations
McLinton  President, Fisheries Council of Canada
Dovey  Member, Fisheries Council of Canada
Mavin  Commercial Harvester, As an Individual
Cyr  Retired Fisherman, As an Individual
Barron  President, Cape Breton Fish Harvesters Association
Fisher  Co-Chair, Joint Technical Committee, Fraser Salmon Management Board

Grant Dovey Member, Fisheries Council of Canada

Thanks, Jason.

I could use the Pacific prawn fishery as an example. This fishery typically opens in mid-May. The managers did a good job of conducting the advisory committee meetings and putting the IFMP up for review, but we still didn't get a sign-off on the IFMP until the end of April.

There were indications that the fishery would start mid-May, but then we needed the official fishery notice to come out before that opened, and we didn't get that fishery notice until six days before our May 13 opening. You can imagine the difficulties around logistics, with teeing up crews, buyers, ice, grub and everything around that situation. It's really untenable. It's the latest we've seen in the fishery on the west coast.

Martin Champoux Bloc Drummond, QC

These can sometimes be unforeseen circumstances, as we saw in the case of ice on the Atlantic coast, a region that is geographically a bit closer to the riding of my colleague, Alexis Deschênes, whom I am replacing today, than to mine. In such cases, do you consider that the communities and groups of fishers in the various sectors affected by these conditions are sufficiently taken into account in the consultations prior to the opening?

Is there some degree of flexibility or agility to adapt to unforeseen circumstances that may arise at the beginning or before the start of the fishing season?

11:35 a.m.

President, Fisheries Council of Canada

Jason McLinton

As I said, for the most part, I'm hearing from members that things are generally working well.

I would also underscore anything to do with safety. Safety is an absolute top priority for Fisheries Council of Canada members.

There are other factors that one must consider when making decisions around opening and closing dates. I think the opportunity lies in more clarity and openness around what the process is and making sure in all cases that everyone understands that, that the process is adhered to and that timely decisions are made.

For the most part, what I'm hearing from members, particularly on the east coast, is that the decision-making processes are generally working well, so my comments are meant for continuous improvement.

Martin Champoux Bloc Drummond, QC

Among your most experienced members—let's put it that way—do you hear comments that over the years, more and more new criteria are being added to the evaluation for the opening of fisheries, as well as for the monitoring and protection of stocks?

Do you hear people complaining that many criteria have been added over the years and that some of these criteria are a bit exaggerated?

11:35 a.m.

President, Fisheries Council of Canada

Jason McLinton

I haven't been hearing a lot about new criteria being added for members. What I am hearing a lot, particularly from members on the west coast, is that there are so many other things being thrown at them at the same time. We're talking right now about opening and closing dates, but marine protected areas and all kinds of other things are being thrown at them.

It's a tough business at the best of times. There are so many variables that we don't have control over, but let's try to be as predictable and timely as we can with the things that we do have control over.

The Chair Liberal Hedy Fry

Thank you.

We now go to a second round of questioning, and that's a five-minute round.

I will begin with Mr. Gunn for the Conservatives. You have five minutes, please.

11:35 a.m.

Conservative

Aaron Gunn Conservative North Island—Powell River, BC

Thank you, Chair.

Mr. McLinton, I have a question that pertains to fisheries on the west coast. Can I address that to Mr. Dovey?

Mr. Dovey, across B.C. we've had a number of examples of indigenous groups, be they first nation band councils or hereditary chiefs, unilaterally declaring an area closed to fishing to non-band members. Have you had any experience with these pronouncements?

11:35 a.m.

Member, Fisheries Council of Canada

Grant Dovey

Predictable protocols where commercial fishing is meaningfully engaged are key.

We have had experiences of IPCAs being declared mid-season or the IFMP being released. When the IFMP is released, DFO needs a protocol to ensure that the areas assigned to that IFMP will be accessible.

We've had situations of DFO saying an area is open, but a nation has declared an IPCA and says it's not. Then we're left with conflict on the water, and it's hard for the fishermen to have the capacity to sort those situations out in order to access an area.

11:35 a.m.

Conservative

Aaron Gunn Conservative North Island—Powell River, BC

We've been told repeatedly at this committee, by DFO officials and the minister herself, that only the federal government has the ability and the right to close areas to fishing. Does DFO clarify this and defend the rights of fishermen to access these areas when the status of these areas becomes uncertain?

11:40 a.m.

Member, Fisheries Council of Canada

Grant Dovey

The DFO, in my experience in the geoduck fishery, has maintained areas as open to the fishery, but IPCAs need to be discussed ahead of the release of the IFMP. DFO, the nations and stakeholders need to be at the table to discuss those potential IPCAs. Otherwise, if the department is saying an area is open and the nation is saying it's not.... The department has only so many resources available on such a remote coast, and it leads to situations of our not being able to complete the quota.

11:40 a.m.

Conservative

Aaron Gunn Conservative North Island—Powell River, BC

It seems like a situation that would be bad for everybody: first nations, fish harvesters and the rule of law.

Do you have a specific example of this happening, how it affected a fishery and what the consequences of this uncertainty have been?

11:40 a.m.

Member, Fisheries Council of Canada

Grant Dovey

There's an example from this past season on the central coast, where the IFMP included quota in Kitasu Bay. The Kitasoo Xai'xais Nation had declared Kitasu Bay an IPCA. Once the IFMP was released, I contacted the UHA about coming up with an alternative to harvest in Kitasu Bay. That was a really difficult situation for industry to be put in. We really didn't have any conversation with all three parties until really late in the game. It was toward the end of the season, when we ended up with biotoxin issues and weather issues. It ended up that the area wasn't able to be fished due to potential conflict and other external factors.

11:40 a.m.

Conservative

Aaron Gunn Conservative North Island—Powell River, BC

Just to clarify, was this closure of Kitasu Bay a unilateral declaration? If so, do you have evidence of that—a letter or an email from the band—that you can submit as evidence to this committee?

11:40 a.m.

Member, Fisheries Council of Canada

Grant Dovey

I'm sorry, Mr. Gunn. You broke up a bit, but I think I got the gist of it.

The Kitasoo Xai'xais have declared Kitasu Bay as a priority for a number of years now, including the 2023 and 2026 rotation. We're asking that these IPCAs be incorporated into the existing NSB implementation regulations. For example, there's a central coast NMCA that's on the board for this area. The Kitasoo declared that area as closed outside of that process, which makes it next to impossible to prosecute the fishery.

11:40 a.m.

Conservative

Aaron Gunn Conservative North Island—Powell River, BC

Chair, I think I must have cut out or something—there's a technical issue—because I made a specific request. I need to repeat it.

The Chair Liberal Hedy Fry

I'll give you 30 seconds.

11:40 a.m.

Conservative

Aaron Gunn Conservative North Island—Powell River, BC

Mr. Dovey, was there a unilateral pronouncement from the band about this closure? If so, do you have evidence of it that you could submit to this committee?

11:40 a.m.

Member, Fisheries Council of Canada

Grant Dovey

The Kitasoo have released a management plan for Kitasu Bay, yes. I can submit that.

11:40 a.m.

Conservative

Aaron Gunn Conservative North Island—Powell River, BC

Yes, please submit that to me. Thank you.

The Chair Liberal Hedy Fry

I now go to Mr. Klassen for the Liberals, for five minutes.

Ernie Klassen Liberal South Surrey—White Rock, BC

Thanks to all the witnesses for appearing here today.

Ms. Paul, the Fisheries Act requires the minister to consider impacts on indigenous rights when making fisheries decisions. Can you give an example of when indigenous observation is different from DFO science? How should these differences then be reconciled?

11:40 a.m.

Regional Chief of Nova Scotia, Assembly of First Nations

Chief Andrea Paul

Thank you.

I'm just wondering if my technician, James MacDonald, made it on the call.

The Chair Liberal Hedy Fry

No.

11:40 a.m.

Regional Chief of Nova Scotia, Assembly of First Nations

Chief Andrea Paul

I will try my best to answer this question.

You were asking about indigenous observation versus western science.

Ernie Klassen Liberal South Surrey—White Rock, BC

That's correct—versus DFO's decision-making. Is there a difference of opinion, and how is that reconciled?