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CP32-93-2012-3-eng.pdf

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Cohen Commission of Inquiry into the Decline of Sockeye Salmon in the Fraser River • Volume 3<br />

assessment under Strategy 1. No discernible management<br />

action was taken on this status assessment<br />

(including no recovery plan).<br />

Almost nothing has been done to assess or monitor<br />

Fraser River sockeye Conservation Unit habitat<br />

status under Strategy 2. In Volume 1, Chapter 11,<br />

Cultus Lake, I observed that the Cultus Lake sockeye<br />

Conservation Unit likely would have benefited<br />

from DFO’s completion of a habitat status report<br />

under Strategy 2. The lack of implementation of<br />

Strategy 2 parallels DFO’s failure to fully implement<br />

the 1986 Habitat Policy, which, similarly, although<br />

20 years earlier and for more than just Pacific<br />

salmon, envisioned habitat monitoring, including<br />

studies to determine baseline habitat conditions.<br />

Finally, despite Canada’s expressed commitment to<br />

ecosystem-based management, there has been no<br />

demonstrable progress on implementing Strategy 3<br />

as it applies to Fraser River sockeye.<br />

Strategy 4 also requires transparent and<br />

informed decision making, using the best available<br />

information. It requires a transparent process to<br />

ensure that DFO, the minister, and all interested<br />

parties understand the competing interests and<br />

how those interests are balanced. While in some<br />

cases DFO may continue to have an obligation to<br />

consult directly with First Nations, the collaborative<br />

and integrated strategic planning process under<br />

Action Step 4.2 should be the central process<br />

through which DFO receives external policy advice.<br />

Although DFO may need to negotiate arrangements<br />

with First Nations, the Province of British Columbia,<br />

and/or municipalities to achieve some of its longrange<br />

planning objectives, DFO can and must make<br />

many decisions in the first instance in relation to<br />

habitat and harvest.<br />

Seven years after adoption of the Wild Salmon<br />

Policy, DFO has done little of the basic groundwork<br />

necessary to begin integrated strategic planning<br />

for Conservation Units. Apart from the WSP’s own<br />

Appendix 2 (A structured five-step planning procedure),<br />

DFO has not adopted an integrated strategic<br />

planning procedure to consult with other levels of<br />

government, First Nations, and stakeholders.<br />

The failure to implement Strategy 4 (integrated<br />

strategic planning) raises the concern, expressed<br />

by fishers, that the only lever DFO is using to<br />

address weak stocks is curtailing harvest through<br />

the use of harvest-planning tools. 35 As a result, the<br />

harvesters are left to bear the cost of preserving<br />

Conservation Units through forgone harvest. The<br />

companion measures contemplated by Strategy 4,<br />

including restoration measures and habitat<br />

improvements, local development planning, and<br />

other measures involving all levels of government,<br />

have not occurred.<br />

The new integrated strategic planning process<br />

contemplated under Action Step 4.2 needs<br />

to integrate fisheries management processes,<br />

including local fisheries management or advisory<br />

processes established under future treaties, such<br />

as Joint Fisheries Committees. Similarly, if DFO<br />

continues to develop any policy that may change<br />

inter-sectoral allocation of the Fraser River sockeye<br />

salmon fishery, such as the Aboriginal Fisheries<br />

Framework, it should do so through Action Step 4.2<br />

in a transparent and inclusive manner and in<br />

consultation with all fishing sectors and the<br />

public. (The Aboriginal Fisheries Framework is<br />

described in Volume 1, Chapter 5, Sockeye fishery<br />

management, in the Aboriginal fishing policies and<br />

practices section.)<br />

In my view, specific activities under strategies 2<br />

to 4 need priority attention. In the recommendations<br />

that follow, I have identified those activities<br />

and have attached dates by which they should be<br />

completed. The activities and associated dates are<br />

based on the evidence I heard. If the implementation<br />

plan prepared by the new associate regional<br />

director general varies substantially from what I<br />

propose below, it would, in my view, be appropriate<br />

to explain the rationale for that course of action in<br />

the annual public implementation progress reports<br />

proposed in Recommendation 7.<br />

Wild Salmon Policy: strategies 2 and 3<br />

8 By January 31, 2013, the new associate regional<br />

director general should decide whether<br />

the Habitat Management Program (Ecosystem<br />

Management Branch)* or the Science Branch<br />

should take the lead role in implementing<br />

strategies 2 and 3 and what support should<br />

be provided by the other branch. The new<br />

* The Ecosystem Management Branch was formerly the Oceans, Habitat and Enhancement Branch, and this latter term has been used<br />

throughout this Report.<br />

16

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