Major Fish Stocks Prescribed and Rebuilding Rules

Summary#

The final rule called Regulations Amending the Fishery (General) Regulations tells the government which fish stocks are treated as “major” and sets what must be in plans to rebuild stocks that have fallen too low. It prescribes 30 stocks (listed in a new Schedule IX) and requires Fisheries and Oceans Canada to publish rebuilding plans and follow a deadline for making them. The regulations entered into force when registered on April 4, 2022 and were published in the Canada Gazette on April 13, 2022.

What it does#

• Adds a new Part XIV and a new Schedule IX to the Fishery (General) Regulations to name the first set of 30 prescribed major fish stocks.
• Requires a rebuilding plan for any prescribed stock that has fallen to or below its limit reference point (LRP). Each plan must include:
  • the stock’s status and trends;
  • probable causes of the decline;
  • measurable objectives, including a rebuilding target;
  • timelines for the objectives and the target;
  • the management measures meant to achieve them;
  • a way to track progress; and
  • a schedule for periodic review.
• Sets a deadline to develop each rebuilding plan: generally within 24 months after the Minister first knows the stock is at or below its LRP, with a possible extension of up to 12 months. If extended, the Minister must publish the reasons online.
• Requires that if any fishing is allowed while a plan is being developed, the level of fishing must be consistent with rebuilding the stock above the LRP.
• Requires Fisheries and Oceans Canada (DFO) to publish each rebuilding plan and the results of plan reviews on its website.
• Notes that species already listed as endangered or threatened under the Species at Risk Act follow the rules under that Act instead of these rebuilding-plan rules.

Who's affected#

• Fisheries and Oceans Canada (DFO) — the department now has legal duties to write, publish and follow timelines for rebuilding plans for the listed stocks.
• Coastal communities, commercial and recreational fishers, and processors that depend on the prescribed stocks — they may see future changes in fishing limits or other management measures when rebuilding plans are implemented.
• Indigenous peoples and modern treaty partners who fish or have rights in the listed areas — they will be consulted as plans are developed, and plans could affect food, social and ceremonial or commercial fishing.
• Environmental groups and others who follow stock recovery and ocean conservation — they will get more transparency because plans and reviews must be published.
• The regulation lists specific stocks (e.g., Atlantic cod in several NAFO areas, Northern shrimp in several Shrimp Fishing Areas, Chinook and Coho salmon stocks, snow crab areas, Pacific herring, etc.). It is the set of those 30 named stocks that are directly covered.

Why it matters#

• The rule turns parts of DFO’s fisheries policy into binding regulatory duties for the listed stocks. That adds deadlines and public reporting that aim to make rebuilding efforts more transparent and accountable.
• Rebuilding plans can lead to limits on catch, seasonal or area closures, gear restrictions or other measures. Those choices affect incomes, local economies, and access to fish for food and culture.
• The regulation itself does not immediately change fishing rules. Instead, it forces DFO to produce consistent, publicly available plans within set timeframes. How people and businesses are affected will depend on the specific management actions in each plan.
• The government said it provided funding to support this work: $107.4 million over five years starting in 2019–2020, and $17.6 million per year ongoing to implement the fish stocks provisions.