FOPO Committee Report

RECOMMENDATION 1

The Committee recommends the formation of a panel of eminent persons, similar to the Independent Review Panel on Northern Cod (the "Harris Report"). The purpose of the panel would be to evaluate the current state of scientific knowledge and to provide advice on a long — term strategy for the management of seal populations.

The panel must develop a five — year strategic reduction and utilization plan and report on items, including but not necessarily limited to the following:

• scientific methodologies for estimating seal populations;
  
• scientific methodologies for estimating the total magnitude of the hunt including unreported losses and best estimates of the long—term impact of the hunt on seal populations;
• the current state of knowledge about the diet of seals and the impact of seal consumption on cod and other commercial fish stocks and to provide advice on directions for improving the state of scientific knowledge in this regard; and
• the optimum size of the harp seal population in terms of its interaction with the ecosystem in general and with commercial fish stocks in particular and guidance with respect to management of the harp seal herd in order that such a population size can be achieved.

RECOMMENDATION 2

The Committee recommends that the Department of Fisheries and Oceans conduct both experimental harvests and experimental seal exclusion zones. These should include the 2J3KL (Northern cod) fishery, the 4TVn (southern Gulf of St. Lawrence cod) fishery, and the 4RS3Pn (northern Gulf cod) fishery and others as deemed necessary for the purpose of preventing the expansion of seals into the fishery, designated bay, or area. This measure is designed to protect spawning and juvenile cod concentrations and prevent seals from inflicting high mortality.

RECOMMENDATION 3

The Department of Fisheries and Oceans must define all seal populations in northern and eastern Canadian waters, specifically ringed and hooded seals, so that the Department can give responsible support to Canada`s vital sealing industry, while protecting seal populations and the integrity of the ecosystems in which they live.

RECOMMENDATION 4

Further, the accumulated knowledge and observations of those who have traditionally lived along Canada`s northern and eastern sea coast and who rely upon its wildlife for survival should complement and strengthen modern science. Accordingly, the Department`s research efforts and recommendations must include both traditional and community knowledge.

RECOMMENDATION 5

The Committee recommends that the Department of Fisheries and Oceans, in an effort to increase its presence within the fishing communities, ensure that its scientists go into the field and make first—hand observations of anomalous behaviour by seals or fish, when such behaviour is brought to their attention.

RECOMMENDATION 6

The Committee recommends that Canada, through the Department of Fisheries and Oceans and the Department of Foreign Affairs and International Trade, must immediately commit itself to the goal of removing the trade barriers within the MMPA whereby Canadian seal products are prevented from entering the United States. Canada must make strong submissions in the Committee hearing process about to be held
in the U.S. Congress. In addition, Canada must seriously consider seeking a review under GATT of the prohibition on the importation of Canadian seal products into the United States.

The Committee also recommends that the Government of Canada undertake an immediate examination of the U.S. MMPA to ensure that it complies with the provisions of both the WTO and NAFTA with respect to Canadian seal products. If the investigation concludes that the MMPA does violate either or both of the trade agreements, the Committee recommends that immediate trade action be commenced. If the MMPA is found not to contravene either the WTO or the NAFTA, the federal government should immediately commence discussions with the United States to determine the best means by which Canadian seal products may gain access to the U.S. market place.

RECOMMENDATION 7

The Committee recommends that the Department of Fisheries and Oceans must undertake a process of legislative reform resulting in appropriate revisions to bring statutes and regulations relating to sealing into conformity with modern land claims agreements, Aboriginal treaties and the rights of Aboriginal peoples under section 35 of the Constitution Act, 1982. The Department must carry out such a process in full collaboration with affected land claims bodies and Aboriginal peoples.

The Department should also revise the Marine Mammal Regulations to ensure that these do not provide excuses for frivolous and nuisance trade barriers.

RECOMMENDATION 8

The Committee recommends that the Department of Fisheries and Oceans work actively with the provincial and territorial governments to produce and distribute educational material that raise public awareness of the practices and benefits of Canada`s sealing industry. The Department must play a leading role in ensuring that educational and promotional materials are distributed not only domestically, but also in the United States and Europe.

RECOMMENDATION 9

The Committee recommends that the federal government, through the Department of Fisheries and Oceans, Industry Canada, and the Department of Foreign Affairs and International Trade, demonstrate, through raising public awareness, that sealing is a viable and sustainable commercial activity in Canada.

The Committee also recommends that the federal government, through Industry Canada, provide direct financial assistance, in an amount to be determined in consultation with industry stakeholders, to assist in the further development of marketable goods by the industry.

RECOMMENDATION 10

The Committee recommends that a committee comprising representatives from industry, the federal, provincial and territorial governments, and of non—governmental organizations, be established to plan a strategy to develop the sealing industry to its maximum potential.

RECOMMENDATION 11

Recognizing that sealing is a legal and legitimate industry, the Committee recommends that the Government of Canada take action to support and promote it as it would any other industry, specifically through initiatives such as a comprehensive analysis of the potential markets for seal products in the United States, Europe and Asia, the duties of Canadian trade promotion officers on foreign postings, and Team Canada trade tours.

The Committee also recommends that the Government of Canada commit, through Industry Canada, funding for the promotion of seal products, both domestically and internationally.

RECOMMENDATION 12

The Committee recommends that the Department of Fisheries and Oceans, in cooperation with the sealing industry, provincial governments, and the Government of Nunavut, undertake to establish a long—term strategy for the management of the seal populations. The strategy should be informed by the recommendations of the panel established to evaluate the status of scientific knowledge with respect to the harp seal population.

RECOMMENDATION 13

The Committee recommends that the Department of Fisheries and Oceans undertake a study and report on the practices of other countries with respect to managing seal populations.

RECOMMENDATION 14

The Committee recommends that the Department of Fisheries and Oceans make it as convenient as possible for observers of the hunt, whether foreign parliamentarians or representatives of legitimate organizations (such as IFAW), to conduct their activities in an open manner without interfering with the progress of the seal hunt.

RECOMMENDATION 15

Given the sensitivity of the seal hunt, the Committee recommends that DFO increase its monitoring of the hunt and that it make its own video records. The unedited video would be reviewed by DFO officials to ensure that the hunt is being conducted according to the provisions of the Fisheries Act and any other appropriate statutes.