4 things to watch for in Canada's new Fisheries Act
Fisheries Minister Dominic LeBlanc in Vancouver today to announce updated law
The federalgovernment isunveiling long-awaited changes to Canada's Fisheries Act.
For federal Fisheries Minister Dominic LeBlanc, this is a rhetoric-meets-reality test on several hot-button issues.
Here's what to watch for:
1. Independence of inshore fisheries
Fishermen and corporations are watching to see if LeBlanc fulfils promises to strengthen protections to preserve the independence of inshore fisheries.
LeBlanc has talked about enshrining two of those protections the owner-operatorand fleet-separationpolicies in law or in regulation.
The owner-operator policymeans individual fishermen are required to fish their licences personally and reap the rewards. The fleet-separation policy ensures corporations cannot both be harvester and processor.
The Department of Fisheries and Oceans has been battling controlling agreements, whichit says are an effort by companies and fishermento get around thosepolicies. Companies say the arrangements guarantee the supply they need to justify multimillion-dollar investments in facilities.
LeBlanc has not been sympathetic to that argument.
2. Will social and economiccriteria be included?
The first Fisheries Act was originally passed in 1868, so itnever contemplated considerations that are now routinely used to manage fisheries in Canada such asthe social and economicconsequences of decisions made by DFO ministers.
These factors have been used to prevent the corporate takeover of inshore fleets where ensuing, widespread job losses are deemed an unacceptable social impact in Atlantic Canada.
In court cases, companies challenging DFO point out social and economicimpacts are not part of Parliament's mandate to manage fisheries. Courts have sided with DFO.
One issue to watchas LeBlanc makes his announcement is whether the department wants social and economicimpacts enshrined in the act.
3. Restoring environmentalprotections
Environmentalists want the Liberals to fulfil a campaign promise to restore habitat protections removed by the previous government.
In 2012, the Conservatives under Stephen Harper removed a prohibition on "harmful alteration, disruption or destruction" of fish habitat in an omnibus bill, saying the prohibition was burdensomered tape.
"Our expectations are that the habitat provisions will be reinstated," saidSusanna Fuller of Halifax's Ecology Action Centre.
Environmentalists also want to see a commitment to"science-based decision making,"and an "ecosystem" and "precautionary" approach to fisheries management either as a principle in the act or as items the minister must consider when making decisions.
4. Indigenous integration
The Fisheries Act could also be used to further the Liberal government'sbroader goal of reconciliation with Indigenous people.
Canada's failure to fully integrate First Nations into the fishery has long been a source of frustration for Indigenous leaders.
Twenty years after a Supreme Court of Canada ruling that Indigenous people are entitled to earn a moderate livelihood from the fishery, Canada has yet to spell out how that will work.
Last November,LeBlanc appointed former DFO manager Jim Jones to lead negotiations with First Nations to implement fisheries rights won in court.
A commitment recognizing Indigenousrights in the fishery could be included in an amended act.