Hon. Joyce Murray, P.C., M.P., Minister of Fisheries, Oceans and the Canadian Coast Guard: We’ve been working very hard to create opportunities and working with the Indigenous communities to launch their own fisheries in lobster, crab and other species, and I’ve been very pleased at the evolution of these measures to respect treaty rights and the importance of having the opportunity to be part of the fishery on the part of the First Nations.

I’m going to continue to work towards that further allocation of opportunities for First Nations. Of course, conservation is very important, and that’s why we have compliance and enforcement doing their work. Non-Indigenous and Indigenous alike, we need fish harvesters to respect the rules so that we don’t overfish the stock and create problems down the road.

Hon. Jean-Guy Dagenais: Madam Minister, despite agreements with the majority of Indigenous communities, during the 2022 lobster fishery in Nova Scotia, lobsters trapped by Indigenous individuals and sold illegally were seized. Boats and traps were seized as well, but there seems to be ongoing tension between commercial fishers and some Indigenous groups.

Can you tell us what measures have been taken for the upcoming fishing season? Have you hired more staff to monitor the fishing areas and intervene faster? Can you tell us if First Nations fishers still have the right to fish in the off-season?

[English]

Hon. Elizabeth Marshall: Minister, welcome to the Senate of Canada. Almost a year ago, without any warning, consultation or financial compensation, you shut down the entire Atlantic mackerel and commercial bait fishery. At the time, the Maritime Fishermen’s Union said they were shocked by your radical decision and appalled by its impact on workers in coastal communities.

In a press conference two weeks ago, Greg Pretty, the President of the Fish, Food and Allied Workers Union, or FFAW, blamed your closure of this fishery on:

. . . DFO’s colossal mishandling of the Atlantic mackerel fishery and the failure of DFO science to accurately estimate the mackerel biomass . . . .

Minister, what is your response to the FFAW and indeed to all mackerel harvesters and processors across Atlantic Canada? Will there be an Atlantic mackerel fishery in 2023? Yes or no?

Hon. Joyce Murray, P.C., M.P., Minister of Fisheries, Oceans and the Canadian Coast Guard: In terms of the last question, senator, that decision is yet to be taken. In terms of the mackerel fishery shutdown, it’s always difficult to close a fishery because I know the impact that it has on fish harvesters and their communities. In fact, I just spent last week in Eastern Canada, the Gaspé and the Magdalen Islands hearing from fish harvesters from a number of stocks.

With respect to the mackerel, the science was very clear that this stock is in the critical zone, and it has been there for more than a decade. There has been a collapse of mackerel age class. I actually have the spawning stock biomass document with me. When I read it, I was severely concerned about the stock.

It’s never easy to do that, but the reason is for conservation purposes for the long term. We want to be able to provide an opportunity for the stock to recover. It’s an important source of food for many other fish stocks, as it is important for use as bait. But if we continue to fish it down its curve, we may never see it recover. That’s why I have taken this precautionary approach.

Hon. Dennis Glen Patterson: Minister, you said that there was a vessel not available from Greenland that resulted in the absence of data on the turbot stock. As I said, the Nunavut fishing industry was willing to conduct those stock assessments, and those offers were rejected by your department. This has resulted in a $15-million estimated loss per year for our fledgling and developing fishery in Nunavut. Wouldn’t it only be fair that the Nunavut fishing industry be considered for compensation by your department for this loss?

Hon. Brian Francis: Minister Murray, in line with Recommendation 2 of the report titled Peace on the Water, in 2022 and 2023 Fisheries and Oceans Canada introduced an interim measure to reallocate some of the quota of baby eels, or elvers, from commercial licence holders to increase the participation of the Mi’kmaq in this fishery, which is critical to ensuring that the exercise of the constitutionally protected right does not remain contingent on the government’s ability to buy back licences.

In the interest of greater clarity and credibility, are you considering permanently reducing the number of commercial licences for lobster, elvers or other species in order to create greater access for First Nations who want to exercise their constitutionally protected rights and overcome dire economic and social conditions?

What I will say is that our department’s work and my work is really guided by three key principles: One is further implementation of treaty rights; the second is the sustainability and conservation of all stocks; and third is the stable management of the fishery.

I am of the view that a willing buyer and a willing seller is an approach that’s good for reconciliation, and it respects the investments that are made by the quota holders that are being asked to reduce their share. Wherever possible, I’ll be going on a willing buyer-willing seller basis, and where that’s not possible, we have to find a solution in consultation with all parties involved.