Regulations Amending the Coastal Fisheries Protection Regulations: SOR/2021-141

Canada Gazette, Part II, Volume 155, Number 14

Registration
SOR/2021-141 June 17, 2021

COASTAL FISHERIES PROTECTION ACT

P.C. 2021-583 June 17, 2021

His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to section 6 ^{footnote a} of the Coastal Fisheries Protection Act ^{footnote b}, makes the annexed Regulations Amending the Coastal Fisheries Protection Regulations.

Regulations Amending the Coastal Fisheries Protection Regulations

Amendments

1 (1) The definition NAFO Measures in section 2 of the Coastal Fisheries Protection Regulations ^{footnote 1} is replaced by the following:

NAFO Measures

means the Conservation and Enforcement Measures adopted by NAFO; (mesures de l'OPAN)

(2) Section 2 of the Regulations is amended by adding the following in alphabetical order:

NPFC

means the North Pacific Fisheries Commission established in accordance with the NPF Convention; (CPPN)

NPF Convention

means the Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean; (Convention PPN)

NPFC Convention Area

means the area described in Part 1 of Schedule 2; (zone de la Convention de la CPPN)

NPFC Measures

means the Active Conservation and Management Measures adopted by the NPFC; (mesures de la CPPN)

WCPFC

means the Western and Central Pacific Fisheries Commission established in accordance with the WCPF Convention; (CPPOC)

WCPF Convention

means the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean; (Convention PPOC)

WCPFC Measures

means the Conservation and Management Measures adopted by the WCPFC; (mesures de la CPPOC)

WCPFC Regulatory Area

means the area described in Part 2 of Schedule 2. (zone de réglementation de la CPPOC)

2 Section 23 of the Regulations is replaced by the following:

23 (1) The NAFO Regulatory Area is an area of the sea designated for the purposes of section 5.3 of the Act.

(2) The NAFO Regulatory Area is an area of the sea designated for the purposes of section 5.5 of the Act.

3 The Regulations are amended by adding the following after section 24:

Western and Central Pacific Fisheries Commission

25 (1) The WCPFC Regulatory Area is an area of the sea designated for the purposes of section 5.3 of the Act.

(2) The WCPFC Regulatory Area is an area of the sea designated for the purposes of section 5.5 of the Act.

26 (1) A fishing vessel of a state party to the Fish Stocks Agreement may fish in the WCPFC Regulatory Area for fish of a stock regulated by the WCPFC Measures only if the state is a party to the WCPF Convention.

(2) Despite subsection (1), a fishing vessel of a state party to the Fish Stocks Agreement that is not a party to the WCPF Convention may fish in the WCPFC Regulatory Area for the fish referred to in subsection (1) if the fishing is done under an arrangement that is expressly contemplated by the WCPFC Measures and in a manner that complies with that arrangement and the WCPFC Measures.

North Pacific Fisheries Commission

27 (1) The NPFC Convention Area is an area of the sea designated for the purposes of section 5.3 of the Act.

(2) The NPFC Convention Area is an area of the sea designated for the purposes of section 5.5 of the Act.

28 (1) A fishing vessel of a state party to the Fish Stocks Agreement may fish in the NPFC Convention Area for fish of a stock regulated by the NPFC Measures only if the state is a party to the NPF Convention.

(2) Despite subsection (1), a fishing vessel of a state party to the Fish Stocks Agreement that is not a party to the NPF Convention may fish in the NPFC Convention Area for the fish referred to in subsection (1) if the fishing is done under an arrangement that is expressly contemplated by the NPFC Measures and in a manner that complies with that arrangement and the NPFC Measures.

4 Section 41 of the Regulations is replaced by the following:

41 (1) Sections 24, 26, 28 and 40 are designated as regulatory provisions whose contravention is prohibited under paragraph 5.3(a) of the Act.

5 Section 42 of the Regulations is replaced by the following:

42 The Minister may authorize a state party to the Fish Stocks Agreement to take enforcement action in respect of a Canadian fishing vessel if there are reasonable grounds to believe the fishing vessel has contravened any measure established by the International Commission for the Conservation of Atlantic Tunas for the conservation or management of a highly migratory fish stock set out in the table to this section.

TABLE

Highly Migratory Fish Stocks

Item	Species
1	Yellowfin tuna (Thunnus albacares)
2	Skipjack tuna (Euthynnus pelamis)
3	Bluefin tuna (Thunnus thynnus)
4	Albacore tuna (Thunnus alalunga)
5	Bigeye tuna (Thunnus obesus)
6	Bonito tuna (Sarda sarda)
7	Sailfish (Istiophorus albicans)
8	Blue marlin (Makaira nigricans)
9	White marlin (Tetrapturus albidus)
10	Longbill spearfish (Tetrapturus pfluegeri)

6 The Regulations are amended by adding the following after section 46.1:

Implementation of the WCPFC Measures

46.2 (1) A protection officer who is acting in the performance of their duties in relation to the WCPF Convention may exercise the enforcement powers set out in the WCPFC Measures in the WCPFC Regulatory Area with respect to

• (a) a foreign fishing vessel of a state party to the WCPF Convention;
• (b) a foreign fishing vessel that is authorized to fish in that Area under an arrangement that is expressly contemplated by the WCPFC Measures; or
• (c) any other foreign fishing vessel, if the master of the vessel consents to the protection officer exercising those enforcement powers.

(2) The protection officer may exercise those enforcement powers in Canadian fisheries waters with respect to a foreign fishing vessel referred to in paragraph (1)(a) or (b).

Implementation of the NPFC Measures

46.3 (1) A protection officer who is acting in the performance of their duties in relation to the NPF Convention may exercise the enforcement powers set out in the NPFC Measures in the NPFC Convention Area with respect to

• (a) a foreign fishing vessel of a state party to the NPF Convention;
• (b) a foreign fishing vessel that is authorized to fish in that Area under an arrangement that is expressly contemplated by the NPFC Measures; or
• (c) any other foreign fishing vessel, if the master of the vessel consents to the protection officer exercising those enforcement powers.

(2) The protection officer may exercise those enforcement powers in Canadian fisheries waters with respect to a foreign fishing vessel referred to in paragraph (1)(a) or (b).

7 Schedule II to the Regulations is replaced by the Schedule 2 set out in the schedule to these Regulations.

Coming into Force

8 These Regulations come into force on the day on which they are registered.

SCHEDULE

(Section 7)

SCHEDULE 2

(Section 2)

Areas

PART 1

NPFC Convention Area

The part that is on the high seas of all waters of the North Pacific Ocean bounded to the south by a continuous line beginning at the seaward limit of waters under the jurisdiction of the United States around the Commonwealth of the Northern Mariana Islands at 20° north latitude, then proceeding east and connecting the following coordinates: 20°00′00″N, 180°00′00″E/W; 10°00′00″N, 180°00′00″E/W; 10°00′00″N, 140°00′00″W; 20°00′00″N, 140°00′00″W; and from there east to the seaward limit of waters under the fisheries jurisdiction of Mexico. That area excludes the high seas areas of the Bering Sea and other high seas areas that are surrounded by the exclusive economic zone of a single state.

PART 2

WCPFC Regulatory Area

The part that is on the high seas of all waters of the Pacific Ocean bounded to the south and east by a line that extends from the south coast of Australia due south along the 141° meridian of east longitude to its intersection with the 55° parallel of south latitude, then due east along that parallel to its intersection with the 150° meridian of east longitude, then due south along that meridian to its intersection with the 60° parallel of south latitude, then due east along that parallel to its intersection with the 130° meridian of west longitude, then due north along that meridian to its intersection with the 4° parallel of south latitude, then due west along that parallel to its intersection with the 150° meridian of west longitude, then due north along that meridian.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues

Canadian protection officers did not have the required statutory authority under domestic law, specifically under the Regulations, to exercise extraterritorially the full powers of a WCPFC or NPFC inspector pursuant to the relevant conservation and management measures. This meant that Canada was unable to participate fully in enforcement activities, namely the boarding and inspection of foreign vessels, in the WCPFC Regulatory Area and the NPFC Convention Area, either unilaterally, or in partnership with other commission members. In the absence of this authority, when Canada did participate in enforcement activities led by other commission members, Canadian protection officers were limited to acting as observers. The amendments authorize Canadian protection officers to actively and fully participate in boarding and inspection in both the WCPFC Regulatory Area and the NPFC Convention Area, including from surveillance platforms belonging to enforcement partners.

Before these amendments were made, lack of domestic statutory authority to exercise needed enforcement powers in these high seas areas hindered Canada's ability to meet its international commitments to tackle IUU fishing, as outlined in the G7 Charlevoix Blueprint for Healthy Oceans, Seas and Resilient Coastal Communities, and inhibited the ability of Canadian protection officers to engage in dedicated Canadian patrols or joint patrols with other commission members, such as the United States (U.S.).

Finally, paragraph 42(a) of the Regulations, which implemented a component of the United Nations Fish Stocks Agreement boarding and inspection regime, was no longer required since any enforcement action against Canadian fisheries vessels in the Northwest Atlantic Fisheries Organization (NAFO) Regulatory Area is now subject to the NAFO boarding and inspection regime rather than the United Nations Fish Stocks Agreement boarding and inspection regime. Lastly, additional administrative amendments were required to remove some redundant wording in the definition of “NAFO Measures” and in section 23.

Background

The Regulations support the effective conservation and management of fish stocks and their ecosystems by ensuring the sustainability of marine resources, both in Canadian fisheries waters and on the high seas. The Regulations enable Canada to implement the conservation and management measures of regional fisheries management organizations, such as the WCPFC and NPFC. The Regulations are the mechanism through which Canadian protection officers may be authorized to board and inspect foreign vessels outside Canadian fisheries waters in accordance with relevant international fisheries treaties and the conservation and management measures established under those treaties. These foreign vessels include vessels of states that are party to the relevant treaties, and vessels suspected of IUU activities in relation to fisheries regulated under those treaties.

The Western and Central Pacific Fisheries Commission

The Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (the WCPFC Convention) entered into force on June 19, 2004. The objective of the WCPFC, established under the Convention, is to ensure, through sound science, effective policy, management, and enforcement, the long-term conservation and sustainable use of highly migratory fish stocks in the Western and Central Pacific Ocean. Canada ratified the WCPFC convention on November 1, 2005, and became a member of the WCPFC on December 1, 2005.

The Convention Area comprises almost 20% of the earth's surface. Its western boundary is essentially the East Asian seaboard; the northern boundary extends from East Asia to the Bering Sea and Alaska; the eastern boundary extends from Alaska to a point 480 nautical miles south of Hawaii; and the southern boundary extends from the point south of Hawaii to a point 120 nautical miles south of Australia, adjoining the western boundary.

The Convention Area includes the exclusive economic zones (EEZs) of coastal states, meaning it includes the waters falling within the domestic fisheries jurisdiction of these states. However, the boarding and inspection procedures of the WCPFC apply only in the high seas of the Convention Area. Therefore, for the purpose of these amendments and this document, the area in which the boarding and inspection procedures apply is referred to as the WCPFC Regulatory Area, which includes the high seas of the WCPFC Convention Area only, and excludes the EEZs that are within the fisheries jurisdiction of the relevant coastal states.

The high seas of the Pacific Ocean is home to some of the world's most abundant populations of tuna species such as albacore, bigeye, skipjack, and yellowfin tuna. Collectively, these fish are often referred to as highly migratory stocks because of the great distances they can swim, crossing the maritime boundaries of multiple countries. Several nations fish commercially for these species, representing a multi-billion-dollar industry. Of particular concern to Canada is the widespread shark finning that occurs in the WCPFC Convention Area. Further information can be found in the WCPFC website.

Article 25.1 of the WCPFC convention provides that each member of the WCPFC shall enforce the provisions of the convention and any conservation and management measures issued by the WCPFC. The purpose of regional fisheries management organizations such as the WCPFC is to manage, preserve, and protect highly migratory and straddling fish stocks within their respective treaty areas through international cooperation. As with other regional fisheries management organizations, the WCPFC has a boarding and inspection scheme designed to ensure compliance with WCPFC conservation and management measures. In December 2006, the WCPFC established the WCPFC Boarding and Inspection Procedures (CMM 2006-08), under which authorized inspectors can inspect vessels of fellow members on the high seas of the WCPFC Convention Area.

The North Pacific Fisheries Commission

The Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean (the NPFC Convention) entered into force on July 19, 2015. The objective of the NPFC, established under the Convention, is to ensure the long-term conservation and sustainable use of the fisheries resources in the Convention Area while protecting the marine ecosystems of the North Pacific Ocean in which these resources occur. Canada ratified the NPFC Convention on January 10, 2014, and became a member of the NPFC when the treaty entered into force in July 2015.

The NPFC Convention Area comprises the high seas of the North Pacific Ocean, excluding the high seas areas of the Bering Sea and other high seas areas that are surrounded by the EEZ of a single state.

Species regulated by the NPFC include all fish, mollusks, and crustaceans except for salmon and highly migratory species such as tunas. Of particular interest to Canada, the NPFC Convention Area includes the critical high seas migratory areas for all Pacific salmon. These fleets may catch salmon as bycatch of fisheries managed under the NPFC, or may target Pacific salmon as part of IUU fishing activities. Further information can be found in the NPFC website.

Article 17.1 of the NPFC Convention provides that each member of the NPFC shall enforce the provisions of the convention and any conservation and management measures issued by the NPFC. As with the WCPFC, the NPFC has boarding and inspection procedures designed to ensure compliance with its conservation and management measures, established in November 2017. The NPFC High Seas Boarding and Inspection Procedures (PDF) [CMM 2017-09] authorize inspectors from members of the NPFC to inspect vessels of fellow members in the Convention Area.

Enforcement presence in the WCPFC Regulatory Area and the NPFC Convention Area

Members, including the U.S., Russia, and Japan, conduct enforcement activities in the WCPFC Regulatory Area and the NPFC Convention Area. Canada has, to date, participated in enforcement operations in a supportive role to the U.S. Coast Guard. This has included air patrols and “Shiprider” missions (Canadian protection officers deployed to observe on board U.S. Coast Guard patrol vessels) in 2018 and 2019. Prior to the establishment of the NPFC High Seas Boarding and Inspection Procedures in 2017, Canadian protection officers conducted monitoring and surveillance in the North Pacific by aircraft to ensure compliance with the United Nations ban on drift nets, and compliance with registry requirements of regional fisheries management organizations.

Due to the absence of domestic statutory authority to board and inspect foreign fishing vessels in the WCPFC Regulatory Area and the NPFC Convention Area, Canadian protection officers have been limited to participating as observers only, and have been unable to exercise enforcement powers. The U.S. has indicated they would welcome greater collaboration with Canada at the WCPFC and NPFC, particularly by having Canadian protection officers fully participate in joint patrols as inspectors.

Objective

The Regulations are amended to provide express authority for Canadian protection officers to board and inspect foreign fishing vessels in the WCPFC Regulatory Area and the NPFC Convention Area. The amendments achieve the following:

1. Provide Canadian protection officers with clear authority to board foreign fishing vessels in the WCPFC Regulatory Area and the NPFC Convention Area, thereby allowing them to exercise the enforcement powers required to engage actively and fully as inspectors in accordance with the WCPFC and NPFC boarding and inspection procedures.
2. Through inspection activities under the WCPFC and NPFC boarding and inspection procedures, Canadian protection officers will be able to gain a better understanding of the threats to regulated species in the Pacific Ocean, including Pacific salmon, as a result of IUU fishing.
3. Through inspection activities in the WCPFC Regulatory Area, Canadian protection officers will be able to detect and enforce provisions of WCPFC conservation and management measures preventing the practice of shark finning, which has been commonly detected during WCPFC boardings and inspections in which Canadian protection officers participated as observers.
4. Enable Canada and partner states (e.g. U.S.) to more effectively plan monitoring, control, and surveillance activities in the WCPFC Regulatory Area and NPFC Convention Area. The capability of Canada to operate independently of partner states during joint missions will enable more efficient and effective use of patrol resources within these areas.
5. Further demonstrate Canada's commitment to high seas patrols and the prevention of IUU fishing. They also help Canada to deliver on its commitment to improve the regional security environment and promote economic and environmental security to the Pacific Island regions.

The amendments also update the Regulations by repealing a provision that is no longer required and eliminating unnecessary wording from several other provisions.

Description

The amendments to the Regulations implement the WCPFC and NPFC boarding and inspection procedures, and confer on Canadian protection officers clear authority to exercise the enforcement powers required for them to engage actively as inspectors in the enforcement regimes under the respective conventions. These amendments consequentially support enforcement activities related to preventing and deterring IUU fishing.

Amendments related to the WCPFC

1. Define the WCPFC Regulatory Area in order to make it clear where the Canadian protection officers may exercise boarding and inspection powers as WCPFC inspectors in accordance with the WCPFC boarding and inspection procedures.
2. Provide powers of inspection to Canadian protection officers under the WCPFC boarding and inspection scheme. The amendments are similar to the provisions in the regulations that implement the NAFO boarding and inspection procedures.
3. Designate the WCPFC Regulatory Area for the purpose of section 5.3 and paragraph 5.5(b) of the Coastal Fisheries Protection Act. This provides Canadian protection officers with the authority to board and inspect, in the WCPFC Regulatory Area, foreign fishing vessels of states that are not party to the Convention but are party to the United Nations Fish Stocks Agreement, to ensure they are not fishing for stocks regulated by the WCPFC, and fishing vessels without nationality to ensure they are not fishing or preparing to fish in the WCPFC Regulatory Area. ^{footnote 2}
4. Authorize Canadian protection officers to exercise the boarding and inspection powers set out in the WCPFC conservation and management measures, in their capacity as WCPFC inspectors in the WCPFC Regulatory Area with respect to fishing vessels of other parties to the convention.
5. Add a provision to prohibit fishing vessels of United Nations Fish Stocks Agreement states parties that are not parties to the WCPFC Convention from fishing for a WCPFC regulated species of fish in the WCPFC Regulatory Area. This addition makes it illegal under Canadian law for non-WCPFC member vessels to fish for a WCPFC regulated species in the WCPFC Regulatory Area and allows Canada to take enforcement action in accordance with the United Nations Fish Stocks Agreement boarding and inspection regime to ensure compliance with this provision. The new provision includes an exemption for vessels that are fishing pursuant to an arrangement, such as a chartering arrangement, that is expressly contemplated by the WCPFC's conservation and management measures. Of the 150 countries that are party to United Nations Fish Stocks Agreement, none are permitted to fish in the WCPFC Regulatory Area for a stock regulated by the WCPFC unless they are a party to the WCPFC Convention or they are fishing pursuant to an arrangement expressly contemplated by the WCPFC conservation and management measures.

Amendments related to the NPFC

1. Define the NPFC Convention Area in order to make it clear where the Canadian protection officers may exercise boarding and inspection powers as NPFC inspectors in accordance with the NPFC boarding and inspection procedures.
2. Provide powers of inspection to Canadian protection officers under the NPFC boarding and inspection scheme. The amendments are similar to the provisions in the regulations that implement the NAFO boarding and inspection procedures.
3. Designate the NPFC Convention Area for the purpose of section 5.3 and paragraph 5.5(b) of the Coastal Fisheries Protection Act. This provides Canadian protection officers with the authority to board and inspect, in the NPFC Convention Area, foreign fishing vessels of states that are not party to the NPFC Convention, but are party to the United Nations Fish Stocks Agreement to ensure they are not fishing for stocks regulated by the NPFC, and fishing vessels without nationality to ensure they are not fishing or preparing to fish in the NPFC Convention Area. ^{footnote 3}
4. Authorize Canadian protection officers to exercise the boarding and inspection powers set out in the NPFC conservation and management measures, in their capacity as NPFC inspectors in the NPFC Convention Area with respect to fishing vessels of other parties to the convention.
5. Add a provision to prohibit fishing vessels of United Nations Fish Stocks Agreement states parties that are not parties to the NPFC Convention from fishing for a NPFC regulated species of fish in the NPFC Convention Area. This addition makes it illegal under Canadian law for non-NPFC member vessels to fish for a NPFC regulated species in the NPFC Convention Area and allows Canada to take enforcement action in accordance with the United Nations Fish Stocks Agreement boarding and inspection regime to ensure compliance with this provision. The new provision includes an exemption for vessels that are fishing pursuant to an arrangement, such as a chartering arrangement, that is expressly contemplated by the NPFC's conservation and management measures. Of the 150 countries that are party to the United Nations Fish Stocks Agreement, none are permitted to fish in the NPFC Convention Area for a stock regulated by the NPFC unless they are a party to the NPFC Convention or they are fishing pursuant to an arrangement expressly contemplated by the NPFC conservation and management measures.

Administrative amendments

1. The amendments repeal paragraph 42(a) of the Regulations, which was originally included in the Regulations to implement a provision of the United Nations Fish Stocks Agreement boarding and inspection regime that is no longer required. The NAFO boarding and inspection regime has evolved over the last few years and is now consistent with the United Nations Fish Stocks Agreement boarding and inspection regime. As a result, the NAFO boarding and inspection regime, and not the United Nations Fish Stocks Agreement regime, now applies to fishing vessels of NAFO parties, such as Canada, in the NAFO Regulatory Area.
2. Additional administrative amendments are made to the definition of “NAFO Measures” in section 2. The phrase “from time to time” is removed to reflect today's reality that documents as they appear on websites are, as a rule, the most recent updated versions. Lastly, minor administrative amendments are made to section 23 to remove unnecessary wording.

Regulatory development

Consultation

Key stakeholders include Canadian harvesters and fishing enterprises that may wish to pursue fishing opportunities in the WCPFC Regulatory Area or the NPFC Convention Area, Canada's partners in enforcement in the WCPFC and NPFC and the other members of the commissions (including participating territories and cooperating non-members), all of whom benefit from the effective enforcement of the conservation and management measures of the commissions.

The DFO did not undertake formal consultations with these stakeholder groups, since the amendments do not have an incremental impact on them. International partners such as the U.S. and other members of the commissions are expected to welcome full Canadian participation in enforcement activities, in accordance with the boarding and inspection responsibilities applicable to all members of the commissions. Furthermore, environmental non-governmental organizations are expected to favour activities that support the deterrence of IUU fishing activities.

Canadian harvesters

The amendments give Canadian protection officers the clear authority to board and inspect foreign vessels in the WCPFC Regulatory Area and the NPFC Convention Area, and have no impact on Canadian stakeholders. Pursuant to subsection 87(1) of the Fisheries Act (the Act) and the inspection powers in the Act, Canadian protection officers already have the authority to board and inspect Canadian fishing vessels in the high seas. Subsection 87(1) extends the application of the Act, and the enforcement powers of fishery officers under the Act, to the high seas in relation to Canadian fishing vessels.

The presence of Canadian vessels in the WCPFC Regulatory Area is minimal. During the 2020 fishing season, one Canadian vessel fished in the area; the first since 2012. To date, the maximum number of Canadian vessels present in the WCPFC Regulatory Area during a season has been six. These vessels harvested tuna.

The presence of Canadian vessels in the NPFC Convention Area is also minimal, with one vessel at a time authorized to fish in one month increments. A total of 41 fishing days were completed for Pacific sablefish in 2019.

It is made clear to Canadian harvesters, through licence conditions and the conservation and management measures of both commissions, that they are subject to boarding and inspection by any commission member who has registered an inspection vessel and inspectors. These amendments do not result in any changes for Canadian harvesters.

Other members of the commissions

As a member of the commissions, Canada is already responsible for implementing their respective conservation and management measures including the boarding and inspection procedures. The commissions' respective frameworks provide all members (including Canada) with the legal authority to engage in high seas boarding and inspections to ensure compliance. As a result, any member fishing in the relevant high seas area, would already expect Canada, as a member of the respective commission, to enforce the boarding and inspection regime applicable in that area.

Modern treaty obligations and Indigenous engagement and consultation

As per the 2015 Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an assessment was conducted on these amendments. The assessment concluded that implementation of these amendments will not have an impact on the rights, interests and/or self-government provisions of any modern treaty partners.

Regulatory analysis

Benefits and costs

Canadian protection officers were not able to independently enforce the conservation and management measures of the WCPFC and NPFC in the case of non-Canadian fishing vessels. The regulatory amendments allow Canadian protection officers to fully participate in the implementation of the commissions' conservation and management measures, for example by conducting independent patrols from the Department of National Defence's naval vessels transiting the region, and increased participation in enforcement activities using the patrol platforms of other commission members.

Benefits

Allowing Canadian protection officers to board and inspect foreign fishing vessels in the WCPFC Regulatory Area and the NPFC Convention Area, either unilaterally or in partnership with other members of the commissions, could result in increased enforcement activities, although the number of additional deployments per year is unknown but likely few. While the actual level of IUU fishing in these areas is unknown, limited enforcement activity to date has created an environment where contraventions of conservation and management measures and IUU fishing may be widespread. Should there be an increase in enforcement activities, this would be expected to reduce the risk of non-compliance with the conservation and management measures of the WCPFC and NPFC and deter IUU fishing in the WCPFC Regulatory Area and the NPFC Convention Area. In general, preventing IUU fishing helps to maintain sustainable fisheries that benefit fishers and coastal communities in Canada and other countries.

Additional benefits may also accrue from fully participating in enforcement activities with the U.S. and possibly other WCPFC and NPFC members in a multilateral context. For example, Canadian protection officers conducting joint inspections with inspectors from other members will be able to broaden their learning experiences by sharing best practices, thereby improving enforcement practices in Canada.

Costs

There are no anticipated incremental costs for stakeholders, including Canadian harvesters.

These amendments will result in increased enforcement activities by Canadian protection officers in the high seas of the Pacific Ocean with incremental costs to government expected to be incurred if protection officers are deployed on board Canadian assets, and from increased participation in patrol operations conducted with other commission members. The costs are expected to be operational in nature and minimal, and no new funding is required.

In order to conduct boarding and inspections independently, opportunities will be sought to deploy protection officers on board Canadian assets in the WCPFC Regulatory Area and NPFC Convention Area conducting activities extraneous to fisheries enforcement activities, for example, vessels operated by the Department of National Defence. The DFO has been granted access to the Department of National Defence's vessels for independent fisheries patrols in the northwest Atlantic Ocean (specifically the NAFO Regulatory Area). Should such opportunities become available in the high seas of the Pacific Ocean, incremental costs would be limited to costs associated with deploying the Canadian protection officers, such as travel and logistics (e.g. hotel, meals).

It is also anticipated that the DFO would continue to deploy Canadian protection officers to participate in joint operations on board partner patrol platforms. Canadian protection officers' participation in joint patrolling and enforcement activities with partner states is expected to increase after these amendments are in force. Incremental costs associated with these increased operations are expected to be low and could include higher costs to deploy officers (e.g. hotel, meals).

Finally, Canadian protection officers need additional training to conduct boardings and inspections in the WCPFC Regulatory Area and NPFC Convention Area. Costs associated with training are expected to be low, as some officers are currently trained in conducting these enforcement activities. Should additional officers need to be trained, this could be incorporated into regular training with likely only a few additional officers required annually, given the likely small number of additional deployments.

Small business lens

The small business lens does not apply, as there are no associated impacts on small businesses.

One-for-one rule

The one-for-one rule does not apply, as there is no incremental change in administrative burden on business.

Regulatory cooperation and alignment

In line with Canada's partnership with the other members of the commissions, the amendments are necessary for Canada to meet its commitments to fully enforce the conservation and management measures of the commissions. Other members, particularly the U.S., that proactively engage in patrol activities in the WCPFC Regulatory Area and the NPFC Convention Area, welcome Canada's participation in joint patrols in these areas and have engaged Canadian representatives on several occasions to this end.

In terms of regulatory alignment, the amendments align the boarding and inspection powers in these two Pacific regional fisheries management organizations with those already exercised by Canadian protection officers in the northwest Atlantic in NAFO.

Lastly, IUU fishing has steadily gained international attention. These amendments support Canada's international commitments to combat IUU fishing, as captured in the G7 Charlevoix Blueprint for Healthy Oceans, Seas, and Resilient Coastal Communities as well as in the 2019 G20 Osaka Leaders' Declaration and the 2019 Asia-Pacific Economic Cooperation Roadmap on Combatting Illegal, Unreported and Unregulated Fishing. They are also complementary to Canada's 2019 ratification of the UN Food and Agriculture Organization's Agreement on Port State Measures to Prevent, Deter and Eliminate IIlegal, Unreported and Unregulated Fishing (PDF).

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified for these amendments.

Rationale

Enforcement of conservation and management measures established by regional fisheries management organizations, such as the WCPFC and NPFC, is a Government of Canada priority, particularly as it supports Canada's policy of preventing and deterring IUU fishing and the DFO's overall international conservation and management objectives such as ensuring the sustainable management of fish stocks.

Deterring IUU fishing is expected to support two priorities identified in the 2019 Mandate Letter to the Minister of Fisheries, Oceans and the Canadian Coast Guard: the direction to implement the Ocean Plastics Charter and the G7 Charlevoix Blueprint for Healthy Oceans, Seas, and Resilient Coastal Communities, for which the DFO is the co-lead. The Charlevoix Blueprint outlines a number of measures to address IUU fishing, including ocean monitoring and surveillance activities, while the reduction of IUU fishing activities may also support the prevention of jettisoning of garbage and ghost gear, which is one of the main drivers of marine pollution.

In a 2021 Supplementary Mandate Letter the Minister of Fisheries, Oceans and the Canadian Coast Guard was instructed to bring forward a Pacific Salmon Strategy Initiative and deliver on Canada's commitment to conserve and protect wild Pacific salmon and its habitats and ecosystems. The amendments can support the recovery of Pacific salmon by increasing Canadian enforcement presence on the waters of the North Pacific Ocean, which will help to deter foreign vessels from engaging in IUU fishing of all species, including Pacific salmon. The amendments will also enable Canadian protection officers to monitor bycatch of species not covered by conservation and management measures, such as Pacific salmon, which may assist in international efforts to conserve and protect these species through cooperation with other fisheries management authorities and regional fisheries management organizations, like the North Pacific Anadromous Fish Commission.

Implementation, compliance and enforcement

Implementation

Registering an inspection vessel and inspectors with the WCPFC and NPFC informs the commissions and their members that Canada is dispatching Canadian inspectors (protection officers) to embark on enforcement activities, and satisfies their internal notification requirements. There is no change to this reporting mechanism as a result of the amendments. The DFO will continue to follow the applicable protocols for notification of inspection vessels and inspectors and will notify the WCPFC and NPFC when engaging in activities either on board U.S. Coast Guard vessels or independently on board Canadian vessels.

It is recognized that monitoring, control, and surveillance activities are impacted by COVID-19. Activities in the Pacific will be conducted in a similar manner to those currently being used in NAFO. Canadian protection officers will inspect fishing vessels from a distance by observing fishing gear retrieval, comparing catch estimates with those reported for the set, taking photographs, etc. Vessels will only be boarded where the vessel is suspected of committing a serious infringement of the relevant conservation and management measures. North Pacific operations are planned to begin in the summer of 2021. Depending on the vaccination timelines and the pandemic situation, boarding and inspection may be possible during this operational period.

Compliance and enforcement

The boarding and inspection procedures of the WCPFC and NPFC set out the procedures to be followed where inspectors find evidence of non-compliance with the relevant conservation and management measures by member state vessels.

Vessels of non-member states may only fish in the WCPFC Regulatory Area or NPFC Convention Area pursuant to an arrangement, such as a chartering arrangement, that is expressly contemplated in the relevant conservation and management measures provided the fishing is conducted in a manner that complies with the arrangement and the conservation and management measures. Where a vessel of a state that is not a party to the relevant convention but is a party to the United Nations Fish Stocks Agreement is observed fishing in one of these high seas areas and there is no such arrangement in place, potential responses include ordering the vessel to immediately cease fishing and depart the area, and/or pursuing diplomatic actions with the country of origin. The flag state of the vessel will be notified in any case, and the United Nations Fish Stocks Agreement boarding and inspection procedures, as implemented in the Coastal Fisheries Protection Act, may be applied.

Contacts

Sean Wheeler
Chief of International Operations and Programs
Conservation and Protection
Email: Sean.Wheeler@dfo-mpo.gc.ca

Justin Turple
Director
International Fisheries Policy
Head of Delegation to the WCPFC, Canada
Alternate Head of Delegation to the NPFC, Canada
Email: Justin.Turple@dfo-mpo.gc.ca