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As a result of the Larocque and l’Association des pêcheurs de poisson de fond acadien (APPFA) Federal Court of Canada decisions, the Department of Fisheries and Oceans (DFO) can no longer use fish to finance activities related to science and fisheries management, whether these are DFO or industry activities.
Bill C-45, the new Fisheries Act, tabled in December 2006, offers a partial solution to the issue of using fish for financing purposes, strictly in the context of the Minister of Fisheries and Oceans entering into a Fisheries Management Agreement with an organization representing a class of licence holders.
However, this Bill is not yet passed, and is subject to review and possible further amendments by Parliament. While the legislative process is unfolding, the Department needs to address how cooperative and collaborative agreements can continue and minimize any disruption to planned science and fisheries management programming. We need to work with the industry to identify alternative approaches to carry out important scientific research relating to conservation and proper management of the fisheries.
What is being done
New funding announced in the Federal Budget 2007 will go a long way to ensure high priority activities continue and alternative approaches are implemented. In all instances, DFO will assign highest priority to conservation and effective fisheries management; assign its resources according to risk of serious or irreversible harm to the conservation of the fisheries resource; and, provide under certain circumstances, programs and services necessary for conservation.
The Department is reviewing collaborative arrangements with the fishing industry which had a use of fish component for financing purposes. Many arrangements will have to be modified in collaboration with the industry. However, DFO will seek to sustain activities essential to conservation and minimize any disruption of the fisheries by reviewing priority arrangements on an as needed basis.
What progress has been made
The Department has established a National Committee to review existing collaborative agreements. The Committee has developed a policy approach and decision-making process, as well as guideline documents to assess existing arrangements in the areas of Live Fishery – Retention and Release, Sentinel Fisheries, Test Fisheries, and Resource Surveys. In the area of Emerging/Exploratory Fisheries, the Committee will use updated existing guidelines which are compliant with the court decisions to develop arrangements. The Committee is also reviewing arrangements that do not fall under the preceding categories.
In total, there are approximately 170 arrangements under review. DFO is undertaking a case by case review of each arrangement to identify legal risk, risk to conservation, financial risk, and the potential for setting precedents. In short, the Department is determining whether an arrangement can continue in its present form, or we need to identify alternative approaches and implications for funding.
Where it is determined a project should continue, DFO will begin negotiations with the industry on how to deliver the project and share the costs associated with the project.
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