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Fisheries

Special Chiefs Assembly report – December 2008

Key Issues and Activitiesgh

The Environmental Stewardship Unit (ESU) Fisheries staff continue to work on implementation of the AFN National Fisheries Strategy (AFN-NFS) 2005-2010. Aquatic and ocean resources continue to represent an integral part of the diet, socio-economic well-being and cultural survival of First Nation cultures.

The AFN-NFS is designed to assist and restore First Nations’ rightful role in managing the fisheries, aquatic and ocean resources. The NFS is a long-term plan that includes the recognition, protection and implementation of First Nations’ Aboriginal and treaty rights. The strategy addresses a broad range of key policy and program sectors within the Department of Fisheries and Oceans (DFO) that affect and require input from First Nations. In addition, the strategy supports and promotes sustainable First Nation fisheries and aquatic resources.

During the 2008-2009 fiscal year, DFO will be seeking input on a series of policy sectors such as the Aquaculture Framework Agreement, Resource Management Sustainable Development Framework and the Oceans to Plate initiatives. DFO will also be seeking First Nations participation in key program, policy and legislative processes that affect First Nations such as Fisheries Act Renewal, the Species at Risk Act (SARA) and Habitat Policy Review.

First Nations will also be asked to provide input and recommendations in the upcoming review of the Aboriginal Aquatic Resources and Ocean Management (AAROM) Program, Aboriginal Inland Habitat Program (AIHP) and the Aboriginal Fisheries Strategy (AFS). It will be important to advocate for support and identify improvements to the DFO Aboriginal capacity-building programs to ensure that they continue to meet the needs of First Nations.

National Fisheries Committee
At a National Fisheries Committee (NFC) meeting held in November, First Nations emphasized the need to engage in discussions and activities related to “taking back our fisheries”. At a time when coastal and inland communities are facing a decline in economic opportunities, there is uncertainty in the global economy and an increased concern over the environmental impacts from resource development. The NFC is now focused on building a balanced strategy that will promote economic and environmental initiatives that can create sustainable communities through the fisheries.  

In order to be effective, First Nations need to be at the decision-making tables and to increase representation and participation on advisory boards that will strengthen the application of First Nation perspectives in co-management regimes and engagement in discussions on licensing, quotas and allocations. First Nations present at the NFC meeting expressed interest in establishing a National First Nation Fisheries Commission with parity to current decision-making authorities. This interest coincided with First Nations emphasis on increased training, employment, mentorship, intertribal trade, and partnerships. The NFC has also recommended that the AFN host a National Policy Forum on Fisheries and a Special Assembly on Fisheries in the coming year.

Policy, Program and Legislative Reviews
ESU Fisheries staff have been providing First Nations with regular updates on DFO programs, policy initiatives, legislative initiatives, and forecasts of emerging activities. This has included providing fact sheets, briefing notes, analyses, summaries, and presentations on issues such as: Fisheries Act (Bill C-32), SARA, Oceans Act Implementation, Science Renewal, the Resource Management Sustainable Development Framework, Climate Change, the Pacific Integrated Commercial Fisheries Initiative, the Atlantic Integrated Commercial Fisheries Initiative, Habitat Policy, Aquaculture, and the AAROM, AFS and AIHP reviews.

Fisheries staff have focused on community outreach by providing communication materials, fact sheets, and resource booklets at the AFN Annual General Assembly Trade Show in July and the International First Nations Comprehensive Community Planning Conference and Investment Fair in September. Resource materials are available on the AFN website at www.afn.ca.

Fisheries staff also attended two national DFO workshops on the Aboriginal program review and Engagement Strategies for SARA, which resulted in the establishment of an AFN National Technical Information Sharing Network.

Species at Risk Act
A legislative review of SARA is scheduled to commence in 2009. First Nations engagement in the five-year review will be important to ensure any proposed amendments to the existing legislation do not adversely infringe upon Aboriginal and Treaty rights.

In advance of the review, it will be important to develop a framework that will assess significant socio-economic benefit/cost outcomes associated with a listing under SARA, potential loss of use or recovery of benefit, and use of a species to First Nations. First Nations may also want to consider intellectual property rights and how traditional knowledge will be used and protected.  First Nations have expressed concerns with the lack of justification for the infringement of rights resulting from listings. This failure has resulted in our citizens being charged with SARA-related offences for practicing inherent rights of use and benefit. Consultation and accommodation must be undertaken during all stages of SARA implementation, especially in advance of enforcement of SARA prohibitions. There are still a number of issues affecting First Nations that are not clearly outlined in the Act. ESU Fisheries staff will provide technical support as required. 

National Aquatic Animal Health Programs
The Canadian Aquatic Animal Health Division is interested in meeting with First Nations to discuss proposed amendments to regulations under the Health of Animals Act, which are required to support the delivery of the National Aquatic Animal Health Program (NAAHP). The NAAHP includes import and domestic movement controls (permits) for live fish, mollusks and crustaceans and other products in order to prevent the introduction or spread of infectious diseases, and to maintain competitive market access for Canadian seafood and aquatic resources. Activities proposed for regulation under NAAHP include aquaculture, stock/enhancement, scientific research and processing.

In order to assess whether the regulatory amendments infringe on Aboriginal rights or title, the ESU will be facilitating an information session to provide an overview of the proposed regulatory amendments and encourage discussion with First Nations who may be affected by the regulations. The NAAHP will also be looking to expand their membership to include two First Nation representatives on the National Steering Committee. It will be important to hear First Nation perspectives on Aboriginal Traditional Knowledge and how it can be applied, or whether it should be applied, to these regulations on commercial and food fisheries. The ESU will be hosting a session in Toronto on December 16-17, 2008.

Fisheries Act Renewal
Bill C-32 (An Act to Amend the Fisheries Act) died on the order paper, however if the Fisheries Act or similar Fisheries Act renewal initiatives re-emerge, First Nations should be encouraged to be fully engaged in discussions and present submissions to the House of Commons Standing Committee on Fisheries. First Nations will have particular interest in governance issues such as enforcement, access, licensing and allocation, co-management and stewardship, consultation protocols, and self-government implications.

National Habitat Working Group
During the NFC meeting in November, the AFN and DFO provided the participants with an overview of key issues that are arising within various policy sectors at the Department. At a workshop series held last spring, it was recommended that the AFN establish a National Habitat Working Group that would provide a forum for First Nations to address the many policy, program and legislative reviews.

DFO also announced that Habitat Policy is up for review 2009. The AFN will keep participants informed as to First Nations involvement and input.

Major Projects Management Office (MPMO)
On March 3, 2008, Natural Resources Canada (NRCAN) Minister Gary Lunn launched the MPMO. The overall mandate of the office is to serve as the single point of entry into the federal regulatory process, provide guidance to project proponents, coordinate project agreements and timelines between federal agencies, and monitor the progress of major resource projects. The goal is to cut the average regulatory review period from four years to two years. Canada has recognized that in order to achieve this goal First Nations must be integrated into the Regulatory Life Cycle.

Major Resource Projects are defined as large resource projects, subject to comprehensive studies, panel reviews, or large or complex multi-jurisdictional screening, as defined under the Canadian Environmental Assessment Act (CEAA). These projects typically involve extracting, processing, refining, producing, distributing, re-processing, disposing of or reclaiming natural resources, as well as decommissioning and reclaiming sites used for any of these activities.

Major Resource Project activities can potentially infringe upon First Nations rights in regards to food, social or ceremonial activities. Therefore, where appropriate, consultation with First Nations must be integrated into the overall regulatory process. This integration is essential to facilitating effective, coordinated, and concurrent discharge of the parties’ statutory duties, functions and obligations, to identify areas where the consistency, efficiency and effectiveness of the federal regulatory system can be improved, and to develop and implement system improvements.

At the direction of the Chiefs-in-Assembly, the ESU has undertaken a review of the Cabinet Directives, the Consultation Action Plan and any interim Crown Consultation guidelines, and will develop a technical analysis and recommend a strategic approach to achieve meaningful First Nation engagement in these federal initiatives, including the provision of technical and policy support to the AFN and First Nations.

Anticipated Achievements by March 31, 2009

• Host and coordinate a National Aquatic Animal Health information session and meetings of the National Fisheries Committee, National Policy Analysis Group and National Habitat Working Group;
• Host a two-day workshop with First Nations to develop a framework on priorities on Science Renewal and Aboriginal Traditional Knowledge;
• Prepare for engagement in DFO’s five-year review of the SARA;
• Present a Fisheries Act submission to the Standing Committee on Fisheries and Oceans, if required, and coordinate lobbying efforts;
• Develop recommendations on the Fisheries Act and SARA legislative implementation;
• Finalize research on First Nations representation on regional, national and international fishery bodies and develop and implement a strategy for greater access to these bodies;
• Develop evaluation reports on the AAROM Program, AIHP and AFS; and
• Develop a First Nation Survival Guide through the SARA; a national consultation protocol framework on fisheries, aquatic and ocean resources that will assist First Nations to develop regional protocols; an overview report highlighting best practices in AAROM bodies; and a First Nations resource booklet of scientists and biologists in fisheries, aquatic and ocean resources.