Mr. Speaker, I would like to recognize my colleague, the Parliamentary Secretary to the Minister of Fisheries and Oceans, and congratulate him and the department for bringing this important legislation forward.
As the parliamentary secretary stated earlier, Canada signed the port state measures in 2010. This is 2013 and it is time to put into legislation ratification of our signature in 2010. We really should not delay that ratification any longer.
The reality is that illegal, unreported, unregulated or IUU fishing is a serious problem around the world. It is one of the main impediments to the achievement of sustainable fisheries worldwide. The estimated economic losses for illegal, unreported and unregulated fishing averages between $10 billion and $23 billion per year, most of that in economies that cannot afford it.
Worse yet, illegal, unreported and unregulated fishing affects these poorest countries. Their dependency on fisheries for food, livelihood and revenue is high compared to many other jurisdictions in the world.
IUU fishing is not a problem for one country to solve on its own, because it respects neither national or international borders. Where governance is weak and where countries fail to meet their international responsibility, it puts pressure on sustainability of fish stocks, marine wildlife and distorts markets, not just in that specific region but worldwide.
In recent years, the international community has been working to develop global tools to prevent, deter and eliminate illegal, unreported and unregulated fishing activities. Improving the control of foreign fishing vessels, through a global standard for actions that can be taken in ports, is one tool to prevent illegal fishing.
I am proud to say that our government plays a leadership role in this movement. As a nation with a robust fishing industry, Canada has a strong interest in protecting fish stocks and ensuring fishing regulations are respected. That is why we have taken action and have taken an international leadership role.
In 2009, Canada and other countries approved the port state measures agreement that had been negotiated at the Food and Agriculture Organization of the United Nations. Canada signed this agreement in November 2010 to signal the importance of taking strong actions in ports to prevent illegal fishing, and is now working towards ratifying these port state measures.
So far 20 countries have signed the treaty, 5 have ratified. The United States is currently dealing with its ratification legislation and it is expected other countries will soon follow suit.
Before Canada can ratify this new global standard, we must address gaps in our current legislation. These are the amendments we are discussing today in the Coastal Fisheries Protection Act. Once approved, the proposed amendments to the act and the subsequent changes to the regulations will allow us to meet our international obligations, not to mention better protect the integrity of legitimate activities by Canadian fish harvesters.
Within the existing Coastal Fisheries Protection Act and its regulations, Canada already has a robust port state control regime for foreign fishing vessels. These amendments will make our regime even stronger.
The proposed amendments can be grouped into three broad categories.
The first concerns authorities related to fishing vessels. Currently fishing vessels must apply for a licence to enter Canadian fishing waters or to access our ports at least 30 days before they arrive. Under the proposed amendment, the minister can allow a foreign vessel that has been directed by its flag state to enter a Canadian port even if it has not applied for a licence. In this case, Canada will issue a specific permit for the sole purpose of inspection and enforcement.
While the port state measures agreement generally promotes refusal of entry to fishing vessels that have engaged in or supported illegal fishing, there might be situations where the flag state, that is the country responsible for the fishing vessel, may want Canada's assistance to conduct an inspection and to gather evidence of a violation.
These proposed amendments will also give our Canadian protection officers greater authority to enforce the amended Coastal Fisheries Protection Act and the port state measures agreement.
When the vessel is directed to port under the new permit regime, these powers will allow Canadian protection officers, when they have reasonable grounds to suspect a vessel has been engaged in or supported illicit fishing activities, to inspect and search that foreign fishing vessel and seize and dispose of illegal catch. In the absence of the consent of the flag state, however, a Canadian court could still authorize protection officers to dispose of any catch in accordance with international law.
The second set of amendments revolves around information sharing. To meet the requirements of the port state measures agreement, the amendments provide clarity on the authorization to share information. The amendments cover both the type of information and with whom it would be shared.
First, the amendments clearly outline that the minister can share information regarding the inspection of a foreign vessel, the denial of entry to port of a foreign vessel, a change in a decision and enforcement action taken or the outcome of any proceedings related to a decision.
Second, the amendments clarify that the minister can share this information with the flag state of the vessel, relevant coastal states, regional fisheries management organizations, states in whose fisheries the illegal, unreported and unregulated fishing appears to have occurred, the state of nationality of the owner of the vessel, the Food and Agriculture Organization of the United Nations and other relevant international organizations.
As I have mentioned, illegal, unreported and unregulated fishing is a global threat to sustainable fisheries and to the management and conservation of fisheries resources and marine biodiversity. The sharing of information is essential for all countries to work collectively to address this global threat.
Third, the proposed amendments to the act clarify that the minister can report actions that Canada has taken with respect to Canadian vessels that have engaged in illegal, unreported and unregulated fishing or fishing-related activities in support of such fishing. This information can be shared with other states party to the port state measures agreement, relevant states, regional fisheries management organizations and the Food and Agriculture Organization.
In addition, the proposed amendments would give certainty to the ability for Fisheries and Oceans Canada and the Canada Border Services Agency to share each other's information related to the import of fish and fish products.
The third major category of amendments concerns prohibitions and related authorities.
The proposed amendments will make it an offence to import illegal, unreported and unregulated fish into Canada. The amendments will also give the authorities new tools to enforce these prohibitions. For example, the amendments will expand the powers of protection officers to inspect any place, including containers, warehouses, storage areas and vehicles. Inspections can be conducted in all ports of entry. This is an important amendment since currently such powers are limited to seaports and wharves. They will also expand powers to allow for entry in search of these places with a warrant and, in certain circumstances, without a warrant.
The Conservative government is serious about controlling IUU fishing. The amendments would allow Canadian protection officers to seize illegal, unreported and unregulated caught fish and fishing vessels. Vehicles or any other thing believed to be obtained or used in the commission of an offence under the act could be seized. These foreign vessels would not only be seized if it has shown that they have been engaged in or supported illegal, unreported and unregulated fishing, but stiff fines can be imposed. A summary conviction would land a fine of up to $100,000, conviction or indictment would cost vessels up to $500,000 and second convictions would garner up to double of the above fines.
I realize I do not have time to finish all my written text, but I implore my colleagues across the way to support this important legislation. We catch fish on the east coast, the west coast and the High Arctic in Canada and the in-line fishery in Manitoba as well, all important to the local economies in those regions. Those fish simply do not stay in one spot. They swim across international, territorial and provincial boundaries. We have one biomass of fish on the east coast of North America and one biomass on the west coast. They are regularly caught in international or national waters on the Canadian side and it is important that we have a regulatory regime that can address any illegal fishing of this important biomass in this important Canadian industry.
