FOPO Committee Report
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Although witnesses generally supported the Act itself, a number complained of a lack of tangible evidence of its implementation. Some witnesses cited the virtual absence of regulations under the Oceans Act, or of adherence to its key principles. Others asked where the "strategy" was. They pointed to the lack of coastal zone management and suggested that there was "a major policy vacuum," and that "current policies were contradictory." Yet others questioned what the Act is really doing to protect or restore the marine environment. The Committee agrees with these view and therefore recommends:
Recommendation 1:
That the Department of Fisheries and Oceans, in consultation with the provinces, territories and stakeholders, immediately draft regulations in accordance with the intent of the Oceans Act.
The West Coast Sustainability Association commented that since the development of the Oceans Act, the mandate of the Department of Fisheries and Oceans (DFO) is supposed to be much broader than just the management and protection of fish. For example, the DFO is now required to recognize how its policies on licensing and fish management affect the broader community and ecosystem. Yet, in their view, there appeared to be a disconnection between the stated intentions of the Oceans Act and its implementation. The Sierra Club of B.C. maintained that policy development should honour conservation first and make use of the precautionary principle. They recommended an annual state of the oceans report.
The Committee agrees that an annual state of the oceans report would provide a useful means of documenting, in a comprehensive manner, progress on the implementation of the Oceans Act. Such a report should help to allay the concerns of those who complain of a lack of visible progress.
The Committee recommends:
Recommendation 2:
That the Department of Fisheries and Oceans prepare an annual state of the oceans report to document progress on the implementation of the Oceans Act.
The Area 19 Snow Crab Fishermen’s Association objected to the absence of references to fishermen throughout the Oceans Act. Several sections of the Act give the Minister the authority to collaborate, consult, and cooperate with various groups including Aboriginal organizations and coastal communities but there are no references to fishermen or their organizations. The Association believes that "coastal communities" have never been identified as entities having legislative or representative powers, and therefore references to coastal communities in the Act are meaningless.
The Committee agrees with the Area 19 Snow Crab Fishermen’s Association that fishermen and their organizations have a legitimate interest in the more general aspects of oceans management beyond the management of fisheries. However, it also believes that the broader community, beyond those who have a direct financial interest in the exploitation of marine resources, also has a legitimate interest in the management of Canada’s oceans which, after all, still belong to the people of Canada. For this reason, the Committee feels that it would be preferable to retain references to coastal communities in sections of the Act that require the Minister to consult.
The Committee recommends:
Recommendation 3:
That the Department of Fisheries and Oceans amend the Oceans Act to include references to fishermen and fishermen’s organizations in the sections of the Act that require the Minister to consult.