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RECOMMENDATIONS

SCIENCE

Although there was a reasonable consensus on the numbers of harp seals, there was significant disagreement on the total size of the harvest and even less agreement on the impact of the hunt on the seal population.

On the key questions regarding the diet of seals and their potential impact on the recovery of cod and other groundfish stocks, there was virtually no agreement at all. The Committee recognizes that some of these questions cannot be answered easily or quickly; nevertheless, it feels that in order for appropriate management decisions to be made, it is important to establish a credible consensus on the present state of scientific knowledge and also to provide guidance for future scientific research.

Considering that the harp seal population is now in excess of five million, the Committee believes that there must be a major reduction in the harp seal population.

Recommendation 1

The Committee recommends the formation of a panel of eminent persons, similar to the Independent Review Panel on Northern Cod (the "Harris Report"). The purpose of the panel would be to evaluate the current state of scientific knowledge and to provide advice on a long-term strategy for the management of seal populations.

The panel must develop a five-year strategic reduction and utilization plan and report on items, including but not necessarily limited to the following:

• scientific methodologies for estimating seal populations;
• scientific methodologies for estimating the total magnitude of the hunt including unreported losses and best estimates of the long-term impact of the hunt on seal populations;
• the current state of knowledge about the diet of seals and the impact of seal consumption on cod and other commercial fish stocks and to provide advice on directions for improving the state of scientific knowledge in this regard; and
• the optimum size of the harp seal population in terms of its interaction with the ecosystem in general and with commercial fish stocks in particular and guidance with respect to management of the harp seal herd in order that such a population size can be achieved.

Recommendation 2

The Committee recommends that the Department of Fisheries and Oceans conduct both experimental harvests and experimental seal exclusion zones. These should include the 2J3KL (Northern cod) fishery, the 4TVn (southern Gulf of St. Lawrence cod) fishery, and the 4RS3Pn (northern Gulf cod) fishery and others as deemed necessary for the purpose of preventing the expansion of seals into the fishery, designated bay, or area. This measure is designed to protect spawning and juvenile cod concentrations and prevent seals from inflicting high mortality.

While there is clearly insufficient scientific knowledge concerning the status of the harp seal, the situation with respect to ringed and hooded seals is more precarious. Very little research is being done on hooded seal, and essentially none on ringed seals. Sealers have also seen increased numbers of these species over the last several years and have indicated that their top priority is to maintain seal populations at sustainable levels. However, the Department of Fisheries and Oceans (DFO) has not conducted the necessary research on population numbers, levels of growth, optimum sustainable harvests or the effects on other species within the ecosystem.

Recommendation 3

The Department of Fisheries and Oceans must define all seal populations in northern and eastern Canadian waters, specifically ringed and hooded seals, so that the Department can give responsible support to Canada's vital sealing industry, while protecting seal populations and the integrity of the ecosystems in which they live.

Recommendation 4

Further, the accumulated knowledge and observations of those who have traditionally lived along Canada's northern and eastern sea coast and who rely upon its wildlife for survival should complement and strengthen modern science. Accordingly, the Department's research efforts and recommendations must include both traditional and community knowledge.

The Committee was told repeatedly of unusual seal behaviour, including the expansion of ranges, changes to the timing of migration patterns, and abnormal feeding. The video presented by Minister Efford and the All-party Committee of the Newfoundland and Labrador House of Assembly provided a compelling example of this. Although the Committee recognizes that much of this information is purely anecdotal, taken together it neverthless provides a compelling argument that something unusual is happening in the Atlantic ecosystem.

In light of this, the Committee finds it disturbing that, even after being invited to do so, DFO scientists were either unable or unwilling to go into the field and observe example of unusual behaviour for themselves.

Recommendation 5

The Committee recommends that the Department of Fisheries and Oceans, in an effort to increase its presence within the fishing communities, ensure that its scientists go into the field and make first-hand observations of anomalous behaviour by seals or fish, when such behaviour is brought to their attention.

Barriers to Trade

The U.S. Marine Mammal Protection Act (MMPA) prevents the importation of seal products from Canada into the United States. Once every five years, the Act is subject to review by the U.S. Congress. This year, 1999, is a reviewing year and the first Congressional Committee hearings were to start on May 27. If no changes are made while this brief window of opportunity is open, the present prohibitions in the Act will remain in force until at least the year 2004.

The U.S. Congress has demonstrated in the past that sustainable harvesting of wildlife is one of its primary concerns in marine mammal protection. Under the Convention on International Trade in Endangered Species of Wild Fauna and Flora, Canadian seal populations are not classified as endangered species. Moreover, the MMPA may contravene the General Agreement on Tariffs and Trade (GATT).

Recommendation 6

The Committee recommends that Canada, through the Department of Fisheries and Oceans and the Department of Foreign Affairs and International Trade, must immediately commit itself to the goal of removing the trade barriers within the MMPA whereby Canadian seal products are prevented from entering the United States. Canada must make strong submissions in the Committee hearing process about to be held in the U.S. Congress. In addition, Canada must seriously consider seeking a review under GATT of the prohibition on the importation of Canadian seal products into the United States.

The Committee also recommends that the Government of Canada undertake an immediate examination of the U.S. MMPA to ensure that it complies with the provisions of both the WTO and NAFTA with respect to Canadian seal products. If the investigation concludes that the MMPA does violate either or both of the trade agreements, the Committee recommends that immediate trade action be commenced. If the MMPA is found not to contravene either the WTO or the NAFTA, the federal government should immediately commence discussions with the United States to determine the best means by which Canadian seal products may gain access to the U.S. market place.

Regulations

The Fisheries Act and other statutes related to fishing, as well as their accompanying regulations, in particular the Marine Mammal Regulations, are seriously out of date and do not conform to modern land claims agreements, Aboriginal treaties and the rights of Aboriginal peoples that are protected under section 35 of the Constitution Act, 1982.

Recommendation 7

The Committee recommends that the Department of Fisheries and Oceans must undertake a process of legislative reform resulting in appropriate revisions to bring statutes and regulations relating to sealing into conformity with modern land claims agreements, Aboriginal treaties and the rights of Aboriginal peoples under section 35 of the Constitution Act, 1982. The Department must carry out such a process in full collaboration with affected land claims bodies and Aboriginal peoples.

The Department should also revise the Marine Mammal Regulations to ensure that these do not provide excuses for frivolous and nuisance trade barriers.

Public Awareness

Anti-sealing groups have successfully campaigned both within Canada and internationally against this country's commercial harp seal hunt. The results of these campaigns have been catastrophic for all sealers, but particularly for traditional Inuit ringed seal hunters in the North.

The activities of the anti-sealing groups are well funded through private donations; however, the sealing industry, particularly that of northern sealers, does not have equal access to financial support so that it can inform the public about the nature and benefits of sealing activities.

Although a recovery of the sealing industry is now underway, it is essential that the Department of Fisheries and Oceans take a more proactive role in promoting Canada's recovering sealing industry.

Recommendation 8

The Committee recommends that the Department of Fisheries and Oceans work actively with the provincial and territorial governments to produce and distribute educational material that raise public awareness of the practices and benefits of Canada's sealing industry. The Department must play a leading role in ensuring that educational and promotional materials are distributed not only domestically, but also in the United States and Europe.

Recommendation 9

The Committee recommends that the federal government, through the Department of Fisheries and Oceans, Industry Canada, and the Department of Foreign Affairs and International Trade, demonstrate, through raising public awareness, that sealing is a viable and sustainable commercial activity in Canada.

The Committee also recommends that the federal government, through Industry Canada, provide direct financial assistance, in an amount to be determined in consultation with industry stakeholders, to assist in the further development of marketable goods by the industry.

Trade and Promotion

Representatives of the Nunavut Government, the Inuit of northern Labrador, the Government of Newfoundland and Labrador, the Canadian Sealers Association and Seal Industry Development Council, all believe that there is considerable potential for the expansion of the seal industry. In order for such an expansion to proceed, however, it is essential to ensure access to consistent markets with acceptable prices.

To maximize efforts to promote the industry and to avoid working at cross-purposes and create duplication, it is essential to ensure that such efforts be coordinated.

Recommendation 10

The Committee recommends that a committee comprising representatives from industry, the federal, provincial and territorial governments, and of non-governmental organizations, be established to plan a strategy to develop the sealing industry to its maximum potential.

Recommendation 11

Recognizing that sealing is a legal and legitimate industry, the Committee recommends that the Government of Canada take action to support and promote it as it would any other industry, specifically through initiatives such as a comprehensive analysis of the potential markets for seal products in the United States, Europe and Asia, the duties of Canadian trade promotion officers on foreign postings, and Team Canada trade tours.

The Committee also recommends that the Government of Canada commit, through Industry Canada, funding for the promotion of seal products, both domestically and internationally.

Management Plans

Although the Department of Fisheries and Oceans has in place a plan for the 1999 seal hunt, numerous witnesses expressed concerns that it lacks a long-term management strategy.

Recommendation 12

The Committee recommends that the Department of Fisheries and Oceans, in cooperation with the sealing industry, provincial governments, and the Government of Nunavut, undertake to establish a long-term strategy for the management of the seal populations. The strategy should be informed by the recommendations of the panel established to evaluate the status of scientific knowledge with respect to the harp seal population.

Recommendation 13

The Committee recommends that the Department of Fisheries and Oceans undertake a study and report on the practices of other countries with respect to managing seal populations.

Monitoring and Enforcement

The Committee was confronted with a serious allegation concerning the authenticity of a video shot by the IFAW and submitted to DFO and to the RCMP for the purpose of laying charges under the Fisheries Act against a group of sealers in Newfoundland. The IFAW maintains that their observation and recording of the hunt acts as a deterrent to excessive cruelty. DFO maintains that its own monitoring of the hunt is adequate and claims that any violations of the regulations are responded to.

The Committee agrees that humane harvesting practices must be carried out to the highest standards possible.

Recommendation 14

The Committee recommends that the Department of Fisheries and Oceans make it as convenient as possible for observers of the hunt, whether foreign parliamentarians or representatives of legitimate organizations (such as IFAW), to conduct their activities in an open manner without interfering with the progress of the seal hunt.

Recommendation 15

Given the sensitivity of the seal hunt, the Committee recommends that DFO increase its monitoring of the hunt and that it make its own video records. The unedited video would be reviewed by DFO officials to ensure that the hunt is being conducted according to the provisions of the Fisheries Act and any other appropriate statutes.