CP32-93-2012-3-eng.pdf

Cohen Commission of Inquiry into the Decline of Sockeye Salmon in the Fraser River • Volume 3
the 2006 Larocque decision, the Federal Court of
Appeal determined that, because fish are a common
property resource belonging to all the people
of Canada, in the absence of express legislative
authority, DFO does not have the power to finance
its scientific research activities by selling them. 108
In response, DFO earmarked funds for test
fisheries through its “Larocque relief funding,” a
five-year national program ending in 2011. I was
told that Canada has repeatedly asked the Pacific
Salmon Commission to reduce test fishing because
of the cost of the program to DFO, a request the
PSC has resisted. 109 At the time of the evidentiary
hearings, DFO had not committed to continuing
this funding after 2011. However, on June 29, 2012,
Bill C-38, An Act to implement certain provisions
of the budget tabled in Parliament on March 29,
2012 and other measures, received royal assent.
Section 411 amends the Fisheries Act to authorize
the minister to determine “a quantity of fish or
fishing gear and equipment that may be allocated
for the purpose of financing scientific and fisheries
management activities that are described in a joint
project agreement entered into with any person or
body, or any federal or provincial minister, department
or agency.” (For further discussion of
Bill C-38, see Chapter 3, Legislative amendments.)
I am satisfied that the test-fishing program is
critical to the Fraser River sockeye salmon fishery,
providing key information on stock composition,
run sizes, and run timing used to make prudent
harvesting and escapement decisions. It is, in my
view, essential that DFO’s contribution to the cost
of the test-fishing program continue. Without these
test-fishing data, and those from the hydroacoustic
facilities discussed below, DFO could not manage
the Fraser River sockeye fishery.
Test-fishing program
28 The Department of Fisheries and Oceans
should continue to contribute to the
Pacific Salmon Commission’s test-fishing
program so it is capable of operating at the
2010 level.
Funding of hydroacoustic facilities
Under the Pacific Salmon Treaty, the Pacific Salmon
Commission is responsible for operating the
hydroacoustic facility at Mission. PSC staff collect
data to reflect daily returning sockeye abundance.
These data, coupled with those obtained in the
test fisheries, are essential to the determination of
in-season run size. Mike Lapointe, chief biologist
with the Pacific Salmon Commission, testified that
the Mission hydroacoustic facility is the single most
important part of the in-season run size estimation.
The Mission facility captures data on 10–15 percent
of the fish swimming up the Fraser River, whereas
fish caught in the test fisheries represent only
approximately 0.5–1 percent of the fish. 110
DFO’s Science Branch conducted hydroacoustic
monitoring at Qualark (2–3 days farther upstream
for migrating salmon) between 1993
and 1998 and reinstituted monitoring there in
2007, using a new sonar system. According to
Dr. Brian Riddell, CEO of the Pacific Salmon
Foundation, Qualark allows for more accurate
abundance data because of the new equipment,
coupled with a narrow passage for the fish, and
the fact that pink salmon do not migrate this far
upstream. 111 Mr. Lapointe testified that Qualark data
provide a very good cross-check or confirmation
of the Mission data. 112 Indeed, in 2010, in-season
adjustments were made to the Mission estimates
based on Qualark data. 113
There is no funding agreement for Qualark,
and DFO has not, at the time of the evidentiary
hearings, made a commitment to future funding
for Qualark. According to Mr. Lapointe’s
November 2010 report to the PSC’s Fraser River
Panel, the annual operating cost for Qualark is
approximately $300,000. 114
I am satisfied that the Mission and Qualark
hydroacoustic facilities each provide the Pacific
Salmon Commission and DFO with the best available
information about in-season run size and that
the Qualark data are a very good confirmation of
the Mission information. In my view, DFO should
continue to fund both facilities.
Funding of hydroacoustic facilities
29 The Department of Fisheries and Oceans
should continue to provide sufficient funding
to enable the Pacific Salmon Commission’s
hydroacoustic facility at Mission and DFO’s
hydroacoustic facility at Qualark to operate
at the 2010 level.
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