As a result of their deliberations committees may make recommendations which they include in their reports for the consideration of the House of Commons or the Government. Recommendations related to this study are listed below.

Recommendation 1

That Fisheries and Oceans Canada (DFO) engage in greater cross-collaboration with the three other departments that carry out activities connected to marine mammals (Transport Canada, Parks Canada and Environment and Climate Change Canada). This would inspire cross-collaboration between DFO and the fishing industry.

Recommendation 2

That DFO allocate scientific funds to improve scientific knowledge of North Atlantic Right Whale (NARW) life expectancy, causes of unnatural death, and changing migration patterns caused by climate change to develop fisheries management measures based on the best available science.

Recommendation 3

That the Canadian Coast Guard (CCG) develop and implement a plan to support the earliest feasible opening of fisheries in the southern Gulf of St. Lawrence that considers both economic and environmental impacts, where the early opening of such fisheries would reduce the likelihood of interactions between NARWs, fishers, and gear that may cause entanglement and/or injury to NARWs.

Recommendation 4

A plan should consider harbour breakouts, the dredging of the Shippagan and Caraquet channels, where improvements might be made to the resource “cascades” that are used when undertaking multi-stage ice breaking operations, and how the ability to conduct parallel operations might be strengthened.

Recommendation 5

That the CCG provide information on the operational suitability of current marine navigation equipment, and information on how marine navigation systems for the fishing and shipping industry might be modernized and digitized as necessary to ensure the protection of NARW.

Recommendation 6

That, using funds from the Atlantic Fisheries Fund or any other eligible funding program, a suitable vessel be built or an existing vessel be retrofitted as quickly as possible to clear ice from the channels and around the wharves in the Gulf region, especially in Caraquet Bay and Shippagan Bay, which will allow the fishing season to open earlier.

Recommendation 7

That DFO continue icebreaking operations using all the ships and equipment necessary to allow the season to open early and that contracts with third parties be in place by the end of January at the latest, preceding the start of the fishing season.

Recommendation 8

That the snow crab fishing season in the Gulf of St. Lawrence open at the same time for all fleets and provinces in accordance with the protocol of the Committee for setting the opening date for the fishery.

Recommendation 9

That, since most detections of single NARWs involve transiting whales that will not spend several days in the same grid, DFO modify the fishing area closure measures for the 2023 season in the Gulf of St. Lawrence, the Bay of Fundy and Roseway Basin as follows:

• When three NARWs are detected, an area around the point of detection (approximately 2,000 km²) will close temporarily for a period of 10 days and may reopen after that time if no other whale is visually and acoustically detected between days 7 and 10.

• If three NARWs are detected during days 7 to 10 of a closure, the area around the point of detection is closed for another 10-day cycle starting on the day of the second detection.

• In other parts of Atlantic Canada, closures will be considered on a case-by-case basis, with special consideration for sightings of three or more whales or a mother and calf pair.

Recommendation 10

That DFO promote the multiple-whale trigger and fill the knowledge gaps needed to use this tool. NARW protection measures should take whale behaviour in feeding grounds into account to make management measures more effective.

Recommendation 11

That in fishing areas NARWs transit through, but do not gather in to feed, DFO not impose full fishing season closures.

Recommendation 12

That, considering the low abundance of NARW at the start of the season and their behaviour in transit, DFO not impose seasonal closures in May, because there are no conservation gains to be made at that point in the NARW migratory process, prior to the critical period.

Recommendation 13

That DFO use the most up to date visual and acoustic NARW detections, including aerial and at-sea surveillance and hydrophones detections, when deciding whether to close or reopen fishing areas.

Recommendation 14

That current criteria for regulating in-season fishing closures be examined to explore possibilities of re-opening in-season if NARWs have moved out of closed areas.

Recommendation 15

That the government ensure the least amount of fishing days are lost when a closure is announced by doing daily verification of NARW presence once an area is closed and open it immediately after the NARW is no longer detected.

Recommendation 16

That DFO ensure that decisions made to protect NARW

• are adaptive and responsive to changes in migratory behaviours and distribution of NARWs caused by the climate crisis and other potential influencing factors; and

• prioritize zones were NARWs are demonstrating foraging behaviours or present in social aggregations.

Recommendation 17

That DFO document the inter-annual and intra-annual variability in NARW distribution in the Gulf of St. Lawrence and quantify the effectiveness of area closures in relation to this variable distribution.

Recommendation 18

That DFO consider, and publish an annual report on, the socio-economic and environmental impacts on coastal communities, fish harvesters and processors due to the closure of fishing areas and changes to required fishing gear for the protection of the NARW.

Recommendation 19

That DFO and the Government of Canada recognize that there is significant support to protect NARWs and develop long term planning to maximize the conservation of the species while minimizing negative impacts on Canadian fish harvesters and human marine activities.

Recommendation 20

That Canada adequately resource equipment and operations for observation and conservation of NARWs in Canadian waters so as to eliminate the need for other countries to undertake operations in Canadian waters.

Recommendation 21

That DFO respond back to the Standing Committee on Fisheries and Oceans with full explanation of the government assets being used to monitor and track NARWs in Canadian waters and full explanation of US activities in Canadian waters related to NARW conservation measures.

Recommendation 22

That DFO, in collaboration with the scientific community within and outside of the federal government, environmental groups, industry and First Nations, continue research on NARW, including:

• research and development of tracking devices that can be attached to NARWs to track their movements in near-real time;

• working with low earth satellite providers to track the movement of NARWs; and

• research to better understand the feeding, transiting and social behaviours of NARWs and how these behaviour influence movement.

Recommendation 23

That DFO departmental staff be adequately trained, oriented and equipped to provide timely information on changing regulations to protect NARWs to harvesters and mariners.

Recommendation 24

In light of witness testimony highlighting the need for further research and development surrounding whalesafe gear, that DFO continue to fund the Whalesafe Gear Adoption Fund.

Recommendation 25

That gear required as a result of NARW protection measures be affordable to harvesters.

Recommendation 26

That the government amend the regulations so that all fishers can use rope-on-demand gear in closed areas and that funding be made available to cover part of the cost of this gear until it is proven commercially viable.

Recommendation 27

That future planning around whalesafe gear consider options to reduce financial implications on fishers and coastal communities and that such changes are communicated to fishers in a timely manner.

Recommendation 28

That ghost gear retrieval operations continue in areas where gear has been reported lost and in areas frequented by NARWs and that the necessary funding be granted to carry out these operations.

Recommendation 29

That, to develop gear that has the support of fishers, DFO continue funding the development and improvement of whalesafe gear and consider its safety and efficacy according to region.

Recommendation 30

That DFO clearly communicate new requirements for harvest gear and their use to harvesters and mariners early enough to allow for the time to purchase necessary gear and to make the required equipment modifications despite supply chain challenges.

Recommendation 31

That DFO ensure that future requirements to adopt new gear types to avoid NARW entanglement be fully researched, designed and tested before being implemented to

• ensure the gear requirements are acceptable to the industry and safe for fishers to use; and

• avoid causing the use of more vertical or floating line or increasing the risk for lost gear or ghost gear and the resulting plastic pollution in our oceans.

Recommendation 32

That DFO postpone the deadline for implementing whalesafe gear to give fishers and authorized gear suppliers time to adapt, and that scientists, non-governmental organisations and industry receive adequate funding to continue testing to develop a technology that is safe for fishers, presents no risk of entanglement to NARW and does not result in an increase in ghost gear.

Recommendation 33

That the government consider where NARW sightings have been, and not impose weaker gear in areas that do not experience NARW visits (i.e., Newfoundland & Labrador).

Recommendation 34

That whalesafe gear not be required when fishing seasons do not correspond to the presence of NARWs.

Recommendation 35

That DFO make decisions and plans to protect the NARW that are appropriate for the different fisheries and ocean conditions found in the North Atlantic region rather than blanket regulations, and that they be developed in collaboration with scientists, environmental groups, industry and First Nations.

Recommendation 36

That DFO commission an interdisciplinary study to determine

• if small fishing vessels from coastal fleets have ever been involved in a collision with a NARW; and

• the risk to NARWs from collisions with small fishing vessels by studying the oceanography (drifting carcasses of NARWs found dead), fishers’ knowledge (how they navigate and their history of collisions with NARWs) and the behaviour and pathology of NARWs in relation to collisions.

Recommendation 37

That DFO meaningfully consult stakeholders in all regions of Atlantic Canada to assess the socio-economic costs of measures it is developing and work with stakeholders in a transparent and cooperative manner to avoid eroding access to ocean resources for those who depend on them.

Recommendation 38

That, when developing management approaches and new technology to ensure that fishers and endangered whales such as the NARW can coexist, DFO develop a mechanism to ensure input from, and meaningful consultation and collaboration with, concerned stakeholders including:

• fishers using the gear;

• those with local and traditional knowledge of fishing;

• those with traditional Indigenous knowledge; and

• experts who know what measures will be feasible and most effective at protecting whales.

Recommendation 39

Given the impact of fishery closures on the livelihoods of all fishers, Indigenous and non-Indigenous, as a result of the presence of NARWs, that reasonable, adequate, and meaningful consultation with stakeholders be undertaken.

Recommendation 40

That the continued restoration of the NARW remain an important conservation effort by all Canadians.

Recommendation 41

That, when delivering actions or decisions to support, or deny, Indigenous fish harvesting treaty rights and self-determination, the Government of Canada must publicly communicate their actions and decisions and the basis for them to foster greater understanding and reconciliation between Indigenous and non-Indigenous harvesters and communities and that this work be supported and enhanced by DFO officials.

Recommendation 42

That the Government of Canada foster opportunities to bring together fishers, Indigenous and non-Indigenous, impacted by decisions surrounding food, social and ceremonial (FSC) treaty rights and self-determination to participate in open dialogue, information sharing, and to promote mutual transparency.

Recommendation 43

That when the Minister of Fisheries, Oceans and the Canadian Coast Guard orders the closure of a fishery for conservation reasons, including the protection of an endangered species, that the closure apply to all fisheries, including commercial and FSC fisheries.

Recommendation 44

That the Government of Canada take a proactive approach to relay the steps that Canada has taken to strengthen conservation of NARWs to legislators in the United States to pre-empt or counter false claims that negatively impact Canada’s seafood sector.

Recommendation 45

That DFO and the Government of Canada hold collaborative meetings with North American and international trading partners to ensure Canada’s fisheries are not unfairly or unnecessarily negatively impacted by requirements stipulated in trade agreements.

Recommendation 46

That the Government of Canada work with our American partners to ensure Canada’s NARW regulations are not used as a protectionist barrier under section 24 of the United States-Mexico-Canada Agreement (CUSMA) to harm Canadian commercial fishing interests.

Recommendation 47

That the Government of Canada investigate the adequacy of US NARW protections, and publish regular findings of US conservation efforts for the endangered NARW.

Recommendation 48

That the Government of Canada engage in clear and immediate public communication in Canada and internationally to

• promote the measures taken by Canadian fishers to protect the NARW, such as the retrieval of lost gear;

• address misinformation that harms the reputation of our seafood sector; and

• avoid conflict with the Marine Mammal Protection Act of the United States.

The same efforts should be made to open zones than to close them.