Mr. Speaker, it is an honour to rise today to speak to Bill S-238, an act to amend the Fisheries Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, which is also referred to as an act on the importation and exportation of shark fins.
Bill S-238 proposes to amend the Fisheries Act, with the goal of prohibiting the practice of shark finning. It also proposes amendments to the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, which would prohibit the import and export of shark fins that are not attached to a shark carcass or any derivatives of shark fins.
Shark finning is the practice of removing fins from sharks and discarding the carcasses at sea. This practice has been effectively banned in Canada, as we have heard in this House already this evening, since 1994. It is prohibited through the Department of Fisheries and Oceans' regulatory framework as a condition of licences issued under the Fisheries Act.
However, there is no doubt that shark finning and the illegal shark fin trade have had a devastating impact on global shark populations, as we have been hearing this evening. Sadly, it is more efficient for fishermen to harvest the fins and discard the carcasses at sea, given the high value of the fins. Loading a vessel with the entire carcass is burdensome and less profitable. In Canada, sharks are harvested as bycatch.
We have heard the concerns of many Canadians who signed many petitions supporting government action to ban the shark finning practice. The intent of Bill S-238 is consistent with the government's commitment to sustainable, science-based management of stocks, including sharks. In Canada, the practice of shark finning has in effect been banned since 1994 through licence conditions.
In March of this year, the government implemented a fisheries management change requiring all sharks caught in Canadian fisheries to be landed with their fins naturally attached. This means that all harvesters are required to land sharks with fins attached. Through enforcement provisions, these fisheries are also subject to 100% independent dockside monitoring to ensure compliance.
Canada represents less than 1.5% of global shark fin imports. In 2017, outside of Asia, countries such as Italy, the United Kingdom and the United States all imported more shark fin products than Canada. No shark fin products have been exported from Canada since 2015. That said, Canada has a unique opportunity to demonstrate global leadership on this very important issue.
There are provisions in the Fisheries Act and its associated regulations to provide a mechanism that can be used to address the issue of shark finning by Canadian fishing vessels. However, Bill S-238 proposes to add a prohibition against shark finning in the Fisheries Act. By enshrining the ban in legislation, Canada would strengthen its approach to protecting endangered sharks and exhibit global leadership on this very important issue. This would also shore up enforcement and penalties associated with any breach of licence with penalties for chargeable offences under the Fisheries Act.
Bill S-238 also proposes amendments to the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act that would prohibit the import and export of shark fins that are not attached to a shark carcass.
I understand that concerns were raised in the other place about the trade implications of banning the import and export of shark fins and their derivatives in this manner. In particular, the national treatment obligation of the World Trade Organization requires imported and domestic goods to be treated equally. A ban on the import of shark fins that are not attached to shark carcasses or any derivatives of shark fins without banning all international trade of the products, as heard in the other place, would likely violate this obligation.
In order for importers to bring in shark fins, the bill would require that the captured shark remains whole until the product reaches Canada. This would be a significant increase in the burden on the shark fin trade industry, including for processors, exporters and importers. Requiring that fins remain attached until a product is imported would also be a significant shift in the global standard. It would create a significant burden for foreign counterparts and disrupt trade flows for importers and exporters as shark meat and fins are often destined for separate markets.
I indeed support the intent of the legislation and I hope this unintended consequence is something the committee can further examine. Make no mistake, shark finning is a cruel practice that needs to be addressed. Bill S-238 is a step in the right direction. Similar measures have already been implemented by some of our key partners, such as the United States and the European Union. These mandate the domestic landing of entire shark carcasses with the fin attached, which is agreed upon as an effective way of preventing finning. Landing the entire shark carcass also encourages the full use of the shark and not just the fins.
That is why I look forward to the debate at committee and to hearing from witnesses so that the committee can ensure the bill meets its intent while respecting the existing trade responsibilities. I commend Senator MacDonald and, indeed, the member for Port Moody—Coquitlam for championing a cause that I know Canadians from coast to coast support.