Mr. Speaker, first I would like to commend the member for Mississauga West who spoke previously for his support for the TAGS program and the support of his caucus for the Newfoundland fishery. He mentioned there were a lot of Newfoundlanders in his riding. I am sure they are enjoying themselves there, but they would prefer to be in the communities where they were born and grew up in.
The past speaker reminded us that we are talking about two oceans when we pass fisheries legislation, and also the fish committee that is in the north, and there are three oceans that this bill impinges upon and that is why it is so necessary to have it. He raised the matter of the Estai . The member for Burin—St. George's was saying why it cost us $100,000 to prosecute in that particular event and why we had to return to Spain the various bonds that were required. That is why we have this bill today. We knew that in an international court we would have lost those cases because the legislation that we have before us today was not in force. We are here today to take care of that and to make sure that a predator or a pirate ship will be prosecuted if it is caught ravaging our stocks on the nose and tail of the Grand Banks or the Flemish Cap.
Even as we debate this bill today, massive fishing power is being deployed on the high seas. Large vessels armed with the latest technology are zeroing in on the world's dwindling fish stocks on the high seas. There are flags of convenience vessels that can and do plunder the oceans of the world. They are getting away with it because they operate in the global commons, that is, they fish the high seas that belong to no one and lie outside the authority of any single state.
The legislation before us today amends the Coastal Fisheries Protection Act and the Canada Shipping Act. When they are amended, Canada will be in a legal position to implement the UN fisheries agreement. That agreement will provide a needed step to deal with the world's fish pirates.
The Brundtland commission, or more properly, the World Commission on Environment and Development, made the following comment about the global commons. I quote directly from the commission's report written more than 10 years ago, in 1986:
Without agreed, equitable and enforceable rules governing the rights and duties of states in respect of the global commons, the pressure of demands on finite resources will [eventually] destroy their ecological integrity.
In other words, unless we move to stop the plundering, we face destruction of many fish stocks around the world. Time is running out.
That was only one of many similar warnings. The United Nations Food and Agriculture Organization reported that disastrous social and economic consequences await the worldwide fishing industry unless fleets are reduced in size, subsidies are eliminated, and fishing activity on the high seas is regulated.
The legislation before the House today represents those agreed to equitable and enforceable rules that are needed for the conservation and management of straddling fish stocks and highly migratory fish stocks in the global commons.
When we pass this legislation and prepare the necessary regulations, Canada will be in a position to join that handful of nations that have ratified the United Nations fisheries agreement, UNFA. A total of more than 59 have signed the agreement and 17, including the United States and Russia, have ratified it so far. We will build the momentum needed to get the 30 ratifications required for entry into force.
When Canada ratifies the UN fisheries agreement, Canada will underline its commitment to settling fisheries disputes with other nations through negotiation and co-operation.
In 1994 Canada was the first nation to sign the UN Food and Agriculture Compliance Agreement for vessels fishing in the high seas. The agreement committed us to exercising licensing control over any Canadian vessel fishing the high seas.
Canada was the prime mover and is among the strongest supporters of the UN fisheries agreement. That is one reason why we should support this bill, so that we can add Canada's name to the list of those who have agreed to work toward a sustainable harvest of protein from the high seas.
The UN fisheries agreement rests on three pillars. First, the agreement sets out the principles on which conservation and management must be based for straddling fish stocks and highly migratory fish stocks. One of these principles is the precautionary approach. That means when it comes to setting catch limits, net and mesh sizes and so forth we agree with the UN fisheries agreement to err not on the side of high hopes or greed but on the side of caution. Conservation measures on the high seas must be similar to the measures enforced within national waters. That means we cannot have incompatible regimes for straddling or migratory fish inside the 200 mile limit of coastal states and outside the 200 mile limit.
Also in setting up the conservation regime, we agree to use the best available scientific information. That is an important point. Under this principle, states will not wait for so-called better information to come along before they limit their catch.
We will not be swayed by those who argue that we do not have enough information to set limits accurately. We will not listen to those who say “let us study the problem some more and then decide”. That is an old dodge. It has been used from time immemorial to delay action and maintain the status quo. If we maintain the status quo we will not have to worry about setting limits because there will not be any fish left to conserve.
No one should think I am suggesting that we should stop or cut out our research programs. We should increase them. Indeed the UN fisheries agreement calls for the parties to commit themselves to continued and increased research. That applies especially to the collection of high quality data, for it is on the basis of this information that we set fishing limits.
The second pillar of the UN fisheries agreement is credible enforcement. Unenforced conservation and management measures are not worth the paper they are written on. We will enforce our conservation and management decisions co-operatively along with other parties to the agreement.
The primary responsibility for enforcement will continue to be with the flag state, the nation that, like Canada, licenses and regulates fishing activities. But the agreement enables states concerned about conservation on the high seas to take effective enforcement measures.
The agreement sets out a framework for action against vessels that break the rules by states other than the flag state, but there are clear safeguards against the abuse of these powers.
Canada has no wish to deprive those who fish on the high seas of their right to do so. I am referring to vessels from those countries known as distant water fishing states. We do not want to end their legitimate use of the high seas, but we do insist on an end to the abuse of the high seas by them or anyone else.
Regional and subregional fisheries management organizations will play the major role in conserving and managing straddling fish stocks and highly migratory fish stocks. In fact it is groups such as these, and the Northwest Atlantic Fisheries Organization, NAFO, is one example, that establish the specific measures we must take to conserve and manage fish stocks. NAFO sets measures for the conservation and management of stocks that straddle our 200 mile limit. ICCAT, the International Commission for the Conservation of Atlantic Tuna, sets them for highly migratory stocks, specifically swordfish and tuna, that move through the high seas and through the exclusive economic zones of many countries.
The third pillar of the agreement is a commitment to settle disputes peacefully. The UN fisheries agreement provides for a number of methods to settle fisheries disputes. Some of these are non-binding, but if these methods fail to resolve the dispute, there is provision for compulsory and binding procedures. My colleagues will have more to say about these particular provisions.
In the little time left to me I would like to return to the enforcement issue. What will happen under this legislation in those cases where fisheries inspectors know that a serious violation has taken place in the international waters within our 200 mile zone?
First of all, what is a serious violation? Some are listed in the legislation and some are brought in through regulations which incorporate by reference the relevant provisions of regional or subregional fisheries management organizations. The agreement specifies fishing in a closed area or during a closed season, exceeding a quota, fishing without a licence, using prohibited gear, or fishing for a stock under moratorium.
As well, a vessel may commit minor violations that cumulatively can be regarded as a serious disregard for conservation and management measures. Here is what the agreement allows. Canadian officers may board and inspect fishing vessels of any other state to verify compliance with conservation and management measures; that is, any other state whether it is or is not a party to the agreement.
Where there are clear grounds to believe a violation has been committed, the protection officer will notify the flag state which is then expected to take appropriate action against the vessel. If it does not respond or if it does not begin to fulfil its obligations to fully investigate and does not take appropriate action within three days, our officers can search and seize evidence and bring the vessel to port.
Actually, the legislation goes beyond this. We can take action when any fishing vessel from a state that is party to the UN fisheries agreement contravenes conservation measures adopted by a local fisheries management organization and we can do that whether or not the state in question is also a member of the organization. This is a breakthrough in the development of the International Law of the Sea.
Under the United Nations fisheries agreement our protection officers may take charge of a vessel until the flag state fulfils its obligation to investigate fully and promptly and then take follow up action. As it stands now, under NAFO for example, if the flag state cannot be contacted our inspectors must leave the vessel even if they discover a serious violation.
The United Nations fisheries agreement procedure is another significant breakthrough.
Enforcement is vital if we are to properly conserve and manage straddling stocks and highly migratory fish stocks. However, we cannot rely exclusively on these provisions. The real goal of the agreement is to create an atmosphere of mutual trust coupled with effective enforcement to ensure the sustainable exploitation of these many important living resources of the sea.
I would like to conclude by quoting Ambassador Satya Nandan of Fiji. It was Ambassador Nandan who chaired the conference that produced the UN agreement. He said:
In essence, this agreement provides for the conservation and sustainable use of the fish resources of the oceans. In place of conflict, it provides a framework for co-operation.
That is something that Canada has always sought. I urge all hon. members to pass this bill and thus permit Canada to ratify this important agreement.