Sustaining Canadian marine biodiversity: Policy and statutory progress

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Introduction
The coastal marine environment constitutes a biological, geochemical, and physical milieu without which life would not exist.Phytoplankton and other microbes, the base of food webs, transfer mass The challenges Canada faces today remain daunting.Less than 1 in 3 of Canada's major fish stocks (29.4%) is considered "healthy" (Oceana Canada 2019).There are deficiencies in how risks associated with salmon farming are managed and mitigated (Office of the Auditor General of Canada 2018).Indigenous traditional knowledge and co-governance capabilities have yet to be fully realized in ocean-related decision making.Recently, the Intergovernmental Panel on Climate Change (IPCC) highlighted the "urgency of prioritizing timely, ambitious, and coordinated action to address unprecedented and enduring changes in the ocean" (IPCC 2019).
In 2019, the Royal Society of Canada (RSC) established a Policy Briefing Committee tasked with tracking public-policy developments since the RSC's 2012 Expert Panel Report and to identify policy challenges, and leading options for implementation, that lie ahead.As the members of this Policy Briefing Committee, we present the committee's findings.
We begin with a brief impact assessment of the 2012 Expert Panel Report.This is followed by a detailed treatment of policy and statutory developments from 2012 through 2019 that concentrates on six of the Expert Panel's recommendations and associated key actions.A "traffic-light" approach is also used to evaluate progress on each recommendation and key action.The present study ends with a consideration of future policy challenges and suggested initiatives for their implementation.

A specific perspective
We conclude that the RSC Expert Panel Report has had meaningful influence by providing an objective foundation for strengthening Canadian commitments to sustain marine biodiversity.The campaigns of several NGOs have been wholly consistent with, and in some cases explicitly influenced by, the Report's recommendations.Notwithstanding the challenge in attributing cause to effect, since 2012 there have been significant changes to Canadian law (such as the Fisheries Act and Oceans Act) and a strengthening of Canada's commitments to sustain marine biodiversity (for example, by exceeding the target for marine protected areas under the Convention of Biological Diversity).NGOs whose efforts were influential in this regard include Canadian Parks and Wilderness Society, David Suzuki Foundation, Ecology Action Centre, Oceana Canada, Oceans North, West Coast Environmental Law, and WWF Canada.
To provide one specific example of impact in this regard, the 2012 Expert Panel Report influenced the establishment (2015) of Oceana Canada, an NGO with primary interest in policy and statutory development in sustainable fisheries and marine conservation.With respect to impact of the Expert Panel Report, Oceana Canada has stated (Oceana Canada 2019):  (2015)(2016)(2017)(2018)(2019) identified leadership in oceans stewardship and biodiversity conservation as a top priority.One example is in the Liberals' 2015 electoral platform which included a section entitled "Real Change: Protecting Our Oceans" (Liberal Party of Canada 2020): "[T]he health of [our oceans] : : : is critical to safeguarding our environment and growing our economy.Our plan will help fish stocks recover, support eco-tourism, protect coastlines from erosion, ensure ecological integrity and protect species at risk.We will restore Canada's reputation as a leader in ocean science, strengthen our laws and regulations, and give communities more say in how we manage our oceans." 1.2.To achieve these objectives, the Liberals identified five specific initiatives: (i) meet Canada's international commitment to protect marine and coastal areas; (ii) invest in ocean science; (iii) strengthen Canada's laws; (iv) encourage community engagement; and (v) protect the marine environment from oil spills (Liberal Party of Canada 2020).associated with one activity are not extended to others.Canada is currently undergoing a regional environmental impact assessment for oil and gas in this region.It is unclear what the consequences of this assessment will be for oil and gas development.
2.2.In 2016, Canada announced the protection of Georges and Corsair Canyons (∼400 km southwest of Halifax) from bottom fishing activity, complementing protections on the U.S. portion of Georges Bank (Fisheries and Oceans Canada 2018).

2.3.
In December 2016, Canada became a signatory to the Hamilton Declaration which established a Commission devoted to conserving biodiversity in the Sargasso Sea (Sargasso Sea Commission 2014; sargassoseacommission.org/about-the-commission/hamilton-declaration).
2.4.Canada provided leadership in negotiating the Central Arctic Ocean (CAO) Fisheries Agreement, which was signed in October 2018 (Fisheries and Oceans Canada 2019e).Canada hosted the first science meeting pursuant to the Agreement in May 2019.The Agreement will prohibit commercial fisheries for up to 16 years and until more scientific information is available.Commercial fishing will only be allowed after conservation and management measures have been adopted by one or more regional or sub-regional fisheries management organizations or arrangements, or pursuant to other interim measures which might be adopted under the Agreement.
2.5.Canada advocated for Indigenous knowledge to be included in the CAO agreement with regard to science advice (Fisheries and Oceans Canada 2019e).
2.6.Expert Panel Key Action 1.3-The GoC should increase Canada's formal membership to international agreements that pertain to the sustaining of marine biodiversity, such as the Convention on the Conservation of Migratory Species of Wild Animals: Canada is still not a party to the Convention on the Conservation of Migratory Species of Wild Animals nor to any of its sub-agreements and Memorandum of Understandings (MOUs), such as the MOU on the Conservation of Sharks.Canada is not yet a party to the Inter-American Convention on the Protection and Conservation of Sea Turtles.
2.7.Canada has enhanced its engagement in the negotiations for a new high seas treaty to protect biodiversity, and deal explicitly with MPAs, environmental impact assessments, and access and benefit sharing of marine genetic resources.The treaty is expected to be completed in 2020 and should allow for more integrated management of the high seas.
2.8.Canada adopted the United Nations (UN) Sustainable Development Goals (including Goal 14, Life Below Water), signed the 2017 UN Oceans Conference Call to Action (Commonwealth Blue Charter), and has engaged in the annual UN Our Oceans conferences, all of which elevate the profile of taking meaningful action to reduce human impacts on the ocean.3.1.In 2016, the GoC created the Ocean Protection Plan, a $1.5 billion allocation of funding to enhance marine safety, preserve, and restore ecosystems, create stronger Indigenous and community partnerships, and strengthen the evidentiary basis for knowledge of how oil and petroleum products behave when spilled in marine environs (Government of Canada 2019b).Summary of the evidence 3.9.Expert Panel Key Action 2.1-The GoC should develop processes and, if necessary, amend institutional structures to limit or eliminate real and perceived regulatory conflicts of interest: The 2012 Expert Panel identified regulatory conflict as an impediment to progress in fulfilling national and international commitments to sustain marine biodiversity.Some individual federal government departments have responsibilities both to conserve and protect biodiversity and to promote the exploitation of biodiversity.Regulatory conflict can compromise the integrity of regulatory science and decision making as well as public perception of that integrity.Each stakeholder (the public, industry, NGOs, coastal communities) is placed in the position of having to ask, with respect to each regulatory decision, whether its own interests have been unduly compromised by the interests of others.
4.0.There is little evidence that the GoC has developed processes to limit or eliminate real or perceived regulatory conflicts.Limited progress can be found in the revised Fisheries Act (section 4.01(1)): "The Minister may, in order to carry out the purpose of this Act, establish advisory panels and provide for their membership, functions and operation."An independent panel on Aquaculture Science, under the auspices of the Chief Science Advisor of Canada, found that regulatory and promotional conflicts of interest within DFO resulted in a lack of transparency in how aquaculture science is funded (Government of Canada 2018).
4.1.Expert Panel Key Action 2.2-The GoC should develop processes and, if necessary, amend institutional structures to ensure that ministers are fully and transparently accountable for policy commitments to the use and conservation of marine biodiversity: Progress has been made in strengthening ministerial accountability.This has been achieved by public release of mandate letters which outline the Prime Minister's expectations and key priorities to be fulfilled during a Government's mandate.Prior to 2015, mandate letters were not publicly available.
Recommendation 3.That the Government of Canada (GoC) reduce the discretionary power in fisheries management decisions exercised by the Minister of Fisheries and Oceans Summary of the evidence 4.2.Expert Panel Key Action 3.1-The GoC should enact prescriptive legislation containing primary objectives to: (i) prevent overfishing; (ii) rebuild depleted fish stocks; (iii) formalize the explicit use of reference points and harvest control rules; and (iv) ensure transparency and accountability in fisheries management plans, including those relating to aquaculture: If these objectives were contained in the Fisheries Act, they would serve to reduce ministerial discretion to make decisions that hinder fisheries sustainability (such as the setting of directed quotas when stocks are depleted).The amended Fisheries Act includes, for the first time, provisions for stock rebuilding, including a requirement to rebuild above the Limit Reference Point, albeit only for major stocks prescribed by regulation.The Act still permits ministerial discretion by allowing, but not mandating, the minister to apply sustainability principles such as precaution and the ecosystem approach (section 2.5).DFO has made progress in making Integrated Fisheries Management Plans publicly available (Fisheries and Oceans Canada 2018).1996).Almost half of the current 13.82% of protected marine areas was achieved under the auspices of the Oceans Act, setting the stage for MPA network planning.(Note: Marine Spatial Planning is commonly defined as a "public process of analyzing and allocating the spatial and temporal distribution of human activities in marine areas to achieve ecological, economic, and social objectives that usually have been specified through a political process" (Nowlan 2016)).marine fishes by including species assessed by COSEWIC as endangered and threatened on the national legal list and by affording them the full benefits of recovery strategies, including the identification of recovery targets, rebuilding timelines, and (when possible) limited directed harvests: Little substantive progress has been achieved since 2011, the most recent year in which an endangered or threatened marine fish (as assessed by COSEWIC) was included on the national legal list (i.e., Schedule 1 of the Species at Risk Act).In 2017, the GoC adopted a policy (Government of Canada 2017) to limit listing decisions for aquatic species to 36 months after receipt of a species assessment from COSEWIC (COSEWIC 2019).This 3-year time frame would represent a considerable improvement over the lengthy periods (more than ten years) that have elapsed between receipt of listing advice and listing decisions for some marine species, such as the shark, shortfin mako (COSEWIC 2018).
4.8.Since 2012, a limited number of species-specific initiatives have been developed for at-risk marine species.Examples include the Wild Atlantic Salmon Conservation Policy (Fisheries and Oceans Canada 2019h) (the objective of which is to restore and maintain healthy wild Atlantic salmon populations) and a $167 M investment in the science and management of three whale populations: Southern Resident Orca, North Atlantic Right Whale, and St. Lawrence Beluga (Fisheries and Oceans Canada 2019g).
4.9.Expert Panel Key Action 4.3-DFO should fully implement its existing policies on marine biodiversity use and conservation, such as those included within the Sustainable Fisheries Framework: Revisions to the Fisheries Act (2019) strengthened implementation of the Sustainable Fisheries Framework insofar as the Act now incorporates an obligation to rebuild depleted fish stocks.For example, section 6.1(1) states: "If a major fish stock has declined to or below its limit reference point, the Minister shall develop a plan to rebuild the stock above that point in the affected area : : : ".
5.0.The revised Fisheries Act created a new power to develop regulations to establish long-term spatial restriction areas (marine refuges) to fishing activities to protect marine biodiversity.The amended Act also makes it easier to designate Ecologically Sensitive Areas to restrict threatening development or otherwise protect sensitive areas (Hewson 2019).
5.1.In response to the CESD 2016 audit, DFO committed (Fisheries and Oceans Canada 2019d) to address deficiencies in the setting of reference points, developing rebuilding plans, and completing Integrated Fisheries Management Plans (IFMPs).Since 2017, the percentage of stocks with limit reference points has increased from 53.6% to 64.4%.Three of 19 rebuilding plans for commercially fished species have been completed.The percentage of stocks included in IFMPs increased from 68.6% to 89.7% (Oceana 2019).
Recommendation 5.That Canada implement statutory renewal to fulfil national and international commitments to sustain marine biodiversity that: (i) identifies full implementation of the precautionary approach as an over-arching objective; (ii) provides legislative requirements and guidance on fully implementing the Sustainable Fisheries Framework; and (iii) identifies conservation of biodiversity as a core consideration in the development of fisheries management plans: For the first time since it was passed in 1868, the Fisheries Act now makes explicit mention of "precaution".Section 2.5 identifies the first of several decision-making considerations to be "application of a precautionary approach and an ecosystem approach".The Act does, however, permit ministerial discretion by allowing, but not mandating, the minister to apply key sustainability principles such as precaution.When making a decision under the Act, the Minister is now required to consider any adverse effects it may have on the rights of Indigenous peoples.
5.3.The revised Fisheries Act includes a duty to maintain fish stocks at or above the level necessary to promote sustainability, explicitly stating the need to maintain fish stocks above their limit reference point, in accordance with the Sustainable Fisheries Framework.
5.4.The revised Fisheries Act contains new provisions related to marine conservation by providing additional ministerial powers to (i) close fisheries and address urgent situations (e.g., whale entanglement in fishing gear), (ii) designate Ecologically Significant Areas, (iii) protect areas for marine biodiversity, and (iv) prohibit shark finning in Canadian waters.
5.5.Expert Panel Key Action 5.2-Draft and enact federal aquaculture legislation that specifies requirements and guidance on national objectives and procedures for all aquaculture operations and that requires a principled approach to aquaculture operations, to ensure the protection of biodiversity: In 2019, the federal government initiated consultations on a potential federal Aquaculture Act (Fisheries and Oceans Canada 2019b).
5.6.Expert Panel Key Action 5.3-Consider enacting comprehensive biodiversity legislation similar to that existing in Australia (AGDEE 1999) and Norway (Government of Norway 2009) to set legally binding requirements for biodiversity protection: There is no evidence to indicate that such legislation has been considered.5.7.Expert Panel Key Action 5.4-Consider amending the Oceans Act to clarify integrated management procedures and responsibilities and to provide a firm legal foundation for implementing completed management plans: The 2019 amendments to the Oceans Act failed to specifically address integrated ocean planning although some related progressions were made.These amendments did introduce the principle of ecological integrity for the first time in Canadian maritime law.The 2019 revisions also incorporated the precautionary principle into the Act.The government developed operational guidance for identifying and designating other effective area-based conservation measures (OECMs) and is in the process of updating this guidance to align with that agreed by the Convention of Biological Diversity.Although not MPAs, these conserved areas, such as spatial fishery closures, marine refuges, and Indigenous Protected Areas, can be considered OECMs in international marine conservation; they are included in Canada's efforts to meet the target of protecting 10% of marine and coastal areas by 2020 (Hewson 2019).
5.8.Revisions to the Canada Petroleum Resources Act in 2019 allow the GoC to rescind oil and gas leases within MPAs established by the Oceans Act.
5.9.Expert Panel Key Action 5.5-Strengthen the Species at Risk Act through key amendments that would: (i) establish a transparent evaluation and consultation process for decisions not to list a species at risk, including external review of supporting listing-decision analyses; (ii) clarify the procedure and process for developing recovery strategies and action plans; and (iii) restrict discretion to exempt activities from SARA's prohibitions and incidental permitting requirements: DFO has developed a Species at Risk Act Listing Policy and Directive for "Do Not List" Advice (Fisheries and Oceans Canada 2016).If DFO decides to advise against acceptance of COSEWIC's advice, the policy states that a compelling reason to do so must be publicly available and that this rationale must stem from a rigorous, structured, comprehensive and transparent analysis.The pace of development of recovery strategies and action plans has increased since the Expert Panel Report was released in 2012 (Mooers et al. 2017).It is unclear whether discretion to exempt activities from SARA's prohibitions and incidental permitting requirements has been restricted.6.0.For the first time (October 2019), an Aquatic Species Working Group has been established under the auspices of the Species at Risk Advisory Committee (Government of Canada 2019c), the primary committee of stakeholders responsible for advising ECCC under the Species at Risk Act.
Recommendation 6.That the Government of Canada (GoC) establish national operational objectives, indicators, and targets for marine biodiversity Summary of the evidence 6.1.Expert Panel Key Action 6.1-The GoC should establish operational objectives that relate to existing commitments to biodiversity conservation and formally integrate them in oceans and fisheries management; highest priority should be assigned to objectives pertaining to those impacts most likely to compromise national and international commitments to sustain marine biodiversity: Since 2012, Canada has established a framework of required outcomes consistent with national and international biodiversity commitments.6.2.The National Report to the Convention on Biological Diversity (Environment and Climate Change Canada 2019) identifies 19 national biodiversity targets to be achieved by 2020 and tracks progress in relation to these objectives.
6.3.Expert Panel Key Action 6.2-DFO should establish biodiversity indicators and targets to assess progress towards meeting operational objectives, and annually report the status and trends of marine biodiversity (using indicators), as well as national progress in attaining policy objectives: In 2016, DFO initiated a Sustainability Survey for Fisheries (Fisheries and Oceans Canada 2019i, 2019j) to track the performance of the fisheries under DFO's purview.Efforts to track progress in meeting sustainability targets are also undertaken by NGOs (Oceana 2018; CPAWS 2020).
6.4.Under the auspices of the Convention on Biological Diversity, Canada is co-leading the process that will establish post-2020 biodiversity targets.This is expected to lead to progressive biodiversity protection targets, following and building upon the 2010 Aichi Targets, at the COP15 in Beijing in 2020.

Future policy challenges and implementation initiatives
Policy Challenge 1: Ensure climate change impacts and projections are incorporated into decision making and planning processes related to marine biodiversity The 2012 Expert Panel Report concluded that climate change was the greatest challenge Canada faces in sustaining marine biodiversity because its effects on species and ecosystems will not be readily Climate change is causing both gradual increases in ocean temperatures and marine heat waves, as well as ocean acidification (IPCC 2019).These changes have ramifications for overall ocean productivity, species distributions, disease outbreaks, sea level rise, and other ecosystem changes, with resulting consequences for the wild fisheries and aquaculture that our oceans can support.Failure to incorporate climate change in ocean-related policies will reduce Canada's ability to adapt to global heating and associated ocean changes.

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The Government of Canada (GoC) should consider amending all key statutes to require or authorise the consideration of climate change impacts and projections.For example, the Oceans Act might specifically authorise the establishment of MPAs as "insurance policies" to address climate change.The Species at Risk Act might require climate change considerations to be factored into decisions relating to the listing of species, recovery planning, and designation of critical habitat.

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The GoC should undertake marine species vulnerability assessments to identify those that have low, medium, and high vulnerability to climate change.

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The GoC should consider further developing policies relating to climate change and sustainable fisheries, aquaculture, and conservation of marine biodiversity.

Policy Challenge 2: Resolve regulatory conflicts of interest affecting progress in fulfilling obligations to sustain marine biodiversity
The 2012 Expert Panel identified regulatory conflict as an impediment to Canada's progress in fulfilling national and international commitments to sustain marine biodiversity.Although some progress has been made, the GoC can do a great deal more to separate its responsibilities to conserve and protect biodiversity.Without effective mechanisms to ensure that all parts of Government are accountable for supporting policies on the conservation of biodiversity during decision making, progress towards fulfilling Canada's national and international obligations to sustain biodiversity will be impeded.

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The GoC should develop processes and, if necessary, amend institutional structures to: (i) limit or eliminate real and perceived regulatory conflicts of interest; (ii) ensure that ministers are fully and transparently accountable for policy commitments to the use and conservation of marine biodiversity; and (iii) financially account for environmental costs (OECD 2003) associated with biodiversity loss, i.e., the costs connected with actual or potential deterioration of natural assets due to economic activities.
Policy Challenge 3: Limit the discretionary power in fisheries management decisions exercised by the Minister of Fisheries and Oceans The 2012 Expert Panel concluded that Canada's progress in meeting its obligations to sustain marine biodiversity had been impeded by the absolute discretion afforded to the Minister of and well-defined accountability as key elements to sustainable fisheries and the management of risks associated with salmon aquaculture.

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The GoC should develop regulations under the revised Fisheries Act to give effect to the Act's rebuilding and sustainable management provisions by: (i) ensuring that all major stocks are included as soon as possible, through the regulatory process (currently the law applies to none); (ii) explicitly defining an objective to rebuild stocks to long-term sustainable target levels (i.e., the Upper Stock Reference, or USR); and (iii) specifying rebuilding timelines to the greatest extent possible.

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The GoC should further limit discretionary decision-making authority by establishing the explicit expectation that fisheries are to be managed with the aim of maintaining or restoring stock levels to maximize long-term sustainable harvests, unless the minister brings forward an argument, based on criteria defined in the Act or regulations, demonstrating why this is not feasible (e.g., constitutional obligations to Indigenous peoples, biological constraints).

Policy Challenge 4: Clarify ambiguities in the Sustainable Fisheries Framework (SFF)
There is a potential for the Precautionary Approach (PA) to be misused by any stakeholder intent on pursuing their own objectives to the exclusion of others.There is a need to implement measures to minimize the probability of misuse and misinterpretation of the PA.

Implementation initiatives
• Unambiguously define the roles of science, fisheries management, and stakeholders in the SFF, especially with respect to implementation of the PA, such as the establishment of target reference points (USRs) and harvest decision rules.

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Ensure that science advice is always publicly distinguishable from other sources of advice in the setting of reference points, harvest decision rules, and other fisheries management decisions.

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Clarify undefined elements of the SFF that inhibit effective implementation of the PA.(One example would be to state unambiguously that the policy directive that "removals must be kept at the lowest possible level" when stock size is below its limit reference point means closure of all directed fisheries.)

Policy Challenge 5: Advance and implement marine spatial planning (MSP)
The 2012 Expert Panel concluded that there was a lack of clear national guidance on how best to advance MSP in Canada.It found that the Oceans Act does not provide an ideal legal umbrella for MSP, providing only "bare bone" integrated management planning responsibilities, with no procedural or content details, and no mention of an MSP approach.
Conflicts on all coasts of Canada are growing over large infrastructure projects, fishing and aquaculture, shipping, and marine protected areas.Climate change threatens to alter ecosystems and negatively affect coastal communities.Meaningful, respectful, and coordinated efforts to advance and implement MSP, with comprehensive zonal ecosystem-based initiatives, has potential to mitigate conflict as ocean-use pressures multiply (Nowlan 2016).Implementation initiatives

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The GoC should consider: (i) issuing a clear national policy or strategy on MSP; (ii) amending the Oceans Act to explicitly require MSP, establish clear planning procedures, and provide for enforceability of finalized plans; and (iii) ensuring that MSP processes do not delay implementation of biodiversity protection measures.

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A revised Oceans Act could be used to: (i) identify biodiversity hotspots and vulnerable biological habitats; (ii) establish a comprehensive and biologically meaningful network of MPAs; and (iii) develop MSP with clear geographical priorities, explicit timelines, and transparent measures for public reporting.

Conclusions
In their 2019 electoral platform, the Liberals, elected to the most seats in a new minority government, committed themselves to: (i) better protection of fish stocks and marine habitat; (ii) a federal Aquaculture Act; (iii) transition from open net-pen salmon farms to closed-containment systems in British Columbia by 2025; (iv) protect 25% of Canada's oceans by 2025; and (v) ground ocean conservation efforts in science, Indigenous knowledge, and local perspectives, pledging $255 million to establish a Canada Water Agency and other measures to protect oceans, fish, and coastal communities.Funds were also budgeted for natural climate solutions, although no specifics were provided on aquatic ecosystems.It is opportune to ask whether these new commitments are likely to be met and whether they will be sufficient in achieving the Liberal's goal to "protect the health of Canada's oceans".
The present Policy Briefing Committee report concludes that, in some areas, Canada has made moderate to good policy and statutory progress to sustain marine biodiversity since 2012.Of overarching significance was the federal government's 2015 prioritization of ocean stewardship and strengthening of the evidentiary use of science in decision making.Examples of specific accomplishments are best reflected by changes to key pieces of legislation.
The amended Fisheries Act strengthens implementation of DFO's sustainable fisheries policy framework insofar as there is, for the first time since the original Act was passed in 1868, a requirement to rebuild depleted fish stocks.The revised Act requires consideration of Indigenous traditional knowledge in fish-habitat protection decisions.When making a decision under the Act, the Minister is now required to consider any adverse effects it may have on the rights of Indigenous peoples.Amendments to the Oceans Act facilitated creation of marine protected areas that allowed Canada to exceed its international obligation to protect 10% of coastal and marine areas by 2020 (Canada now protects 13.82%).Some progress has been made in strengthening ministerial accountability.This was achieved by public release of mandate letters which outline the Prime Minister's expectations and key priorities to be fulfilled during a government's mandate.Prior to 2015, ministerial mandate letters were not made public.
These efforts to renew legislation (including consultations on a new Aquaculture Act) and increase ministerial accountability align with recommendations by the 2012 Expert Panel.However, notwithstanding some progressive actions, little or no progress has been made to address emerging and longstanding weaknesses in Canada's efforts to sustain healthy oceans, such as: (i) incorporating climate change in decisions on fisheries, oceans, and marine biodiversity; (ii) resolving regulatory conflict within DFO; (iii) implementing marine spatial planning to manage ocean spaces as the demands for use and protection grow; (iv) limiting ministerial discretion; and (v) fully implementing sustainable fisheries policies.As of early 2020, the mandate letter to the Minister of Fisheries, Oceans and the Canadian Coast Guard has been released.It reiterates the Liberal Party of Canada's 2019 election commitments, formally identifying the Government of Canada's to further increase marine ocean protection, introduce a federal Aquaculture Act, and to transition from open net-pen salmon farming in coastal British Columbia by 2025.Steps have also been initiated to formally identify the major fish stocks that will require rebuilding plans under the amended Fisheries Act if they decline to or below their limit reference points.Steps have also been taken to develop regulations under the revised Fisheries Act to give effect to the Act's rebuilding and sustainable management provisions.
There has been progress in recovering and sustaining the health of Canada's oceans.Failure to further strengthen biodiversity conservation threatens the capacity of Canada's oceans to provide ecosystem services that contribute to the resilience of marine life and the well-being of humankind.Unprecedented and enduring changes in the ocean caused by climate change have made the achievement of meaningful progress all the more urgent.

2. 9 .
Canada finalized regulations in line with the UN Port State Measures Agreement to reduce Illegal, Unreported, and Unregulated fishing, ratifying the agreement in July 2019 (Fisheries and Oceans Canada 2019c).3.0.Expert Panel Key Action 1.4-The GoC should support research initiatives to strengthen scientific advice and ensure renewal of retiring scientific and managerial staff who have expertise in decision-making in the presence of complexity, trade-offs, uncertainties, and risks: In 2016, the GoC announced a $197 million budget allocation to DFO earmarked for research scientists, biologists, oceanographers and technicians, as well as for acquiring new technology and equipment.The resultant new hires represented the greatest single boost to DFO's (Fisheries and Oceans Canada, formerly Department of Fisheries and Oceans) scientific staff since the extension of Canada's exclusive economic zone of jurisdiction to 200 nautical miles in 1977.

4. 6 .
Following broad consultation, DFO has been drafting network plans, although these are not publicly available.Overall, limited progress has been achieved in advancing marine spatial planning (Fisheries and Oceans Canada 2019l) with the possible exception of the Pacific North Coast in British Columbia's waters (Nowlan 2016).In February 2017, the Minister of Fisheries and Oceans endorsed a plan for the Pacific North Coast Integrated Management Area Hutchings et al.FACETS | 2020 | 5: 264-288 | DOI: 10.1139/facets-2020-0006 275 facetsjournal.comFACETS Downloaded from www.facetsjournal.comby UNIV VICTORIA on 04/30/20 (PNCIMA) and, in June 2018, the GoC and the leaders of 14 Central and North Coast First Nations entered into the Reconciliation Framework Agreement for Bioregional Oceans Management and Protection.4.7.Expert Panel Key Action 4.2-DFO should fully implement the Species at Risk Act for

FACETS
Downloaded from www.facetsjournal.comby UNIV VICTORIA on 04/30/20 Summary of the evidence 5.2.Expert Panel Key Action 5.1-Draft and enact a modernized Fisheries Act, or a new statute,

FACETS
Downloaded from www.facetsjournal.comby UNIV VICTORIA on 04/30/20 reversed.This conclusion is fully supported by the recent (September 2019) Special Report on the Ocean and Cryosphere in a Changing Climate by the Intergovernmental Panel on Climate Change (IPCC) (IPCC 2019).The IPCC "highlights the urgency of prioritizing timely, ambitious, and coordinated action to address unprecedented and enduring changes in the ocean".

Table 1 .
Citations of the 2012 RSC Expert Panel Report on Sustaining Marine Biodiversity by multiple sources.

Table 1 .
(concluded ) 1.1.Public declarations by government: The PBC concludes that the most recent GoC

Table 2 .
(concluded )The Government of Canada should establish operational objectives that relate to existing commitments to biodiversity conservation and formally integrate them in oceans and fisheries management; highest priority should be assigned to objectives pertaining to those impacts most likely to compromise national and international commitments to sustain marine biodiversity.KEY ACTION 6.2: DFO should establish biodiversity indicators and targets to assess progress towards meeting operational objectives, and annually report the status and trends of marine biodiversity (using indicators), as well as national progress in attaining policy objectives.
(Trudeau 2018aded from www.facetsjournal.combyUNIVVICTORIAon 04/30/20 1.4.The 2018 mandate letter to the minister(Trudeau 2018) included the following priorities:(i) implement and further develop the Oceans Protection Plan to protect Canada's coastline (the world's longest) and marine species at risk; (ii) reform the Fisheries Act to restore lost pro- Hutchings et al.FACETS | 2020 | 5: 264-288 | DOI: 10.1139/facets-2020-0006 270 facetsjournal.com FACETS Downloaded from www.facetsjournal.combyUNIVVICTORIA on 04/30/20 3.2.Expert Panel Key Action 1.5-The GoC should fully support the provision and implementation of a management framework that maximizes opportunities for fisheries to achieve third-party certification of sustainability: Although the GoC has acknowledged the importance of third-party certification of sustainable fisheries (Fisheries and Oceans Canada 2019k), food retailers, in partnership with NGOs and occasionally independent science advisors, have taken the lead in increasing the sustainable seafood available to consumers(Govender etal.Expert Panel Key Action 1.6-The Auditor General of Canada could undertake a full financial, statutory, and policy audit of Canada's progress in meeting its international marine biodiversity obligations: Under the auspices of the Office of the Auditor General of Canada, the Commissioner of the Environment and Sustainable Development (CESD) has tabled several reports dealing with aspects of marine biodiversity since February 2012.The first was the 2012 Fall Report on Marine Protected Areas (CESD 2012).The audit concluded that many factors impeded Canada's progress on creating MPAs.FACETS Downloaded from www.facetsjournal.comby UNIV VICTORIA on 04/30/20 Hutchings et al.FACETS | 2020 | 5: 264-288 | DOI: 10.1139/facets-2020-0006 272 facetsjournal.com3.5.The 2013 Fall Report of the CESD included a performance audit on Meeting the Goals of the International Convention on Biological Diversity (CESD 2013a).The audit looked at whether Environment Canada (EC) had fulfilled selected responsibilities as the National Focal Point for the CBD.The CESD followed this 2013 audit with another in 2018 on Conserving Biodiversity (CESD 2018b).The CESD found that Environment and Climate Change Canada (ECCC) had not (i) provided effective leadership or effectively coordinated actions required to achieve Canada's 2020 biodiversity targets or (ii) compiled comprehensive information to report on performance and progress toward the 2020 targets.3.6.The overarching conclusion of the CESD's 2013 performance audit on Recovery Planning for Species at Risk (CESD 2013b) was that EC, DFO, and Parks Canada had not met their legal requirements for establishing recovery strategies, action plans, and management plans as required under the Species at Risk Act.3.7.The CESD's 2016 audit on Sustaining Canada's Major Fish Stocks (CESD 2016) found that: (i) objectives in Integrated Fisheries Management Plans were often not stipulated, not clear, and not measurable; (ii) there were no rebuilding plans or development timelines for 80% of Canada's severely depleted fish stocks; and (iii) reference points had not been developed for more than half of Canada's major fish stocks.The CESD's audit corroborated the findings of a separate independent analysis (Oceana 2016).3.8.In 2018, the CESD's Report on Salmon Farming (CESD 2018a) found deficiencies in how DFO and the Canadian Food Inspection Agency manage risks associated with Atlantic salmon aquaculture, a finding in accordance with the first independent review conducted under the auspices of Canada's Chief Science Advisor (Government of Canada 2018).FACETS | 2020 | 5: 264-288 | DOI: 10.1139/facets-2020-0006 273 facetsjournal.com Hutchings et al.FACETS Downloaded from www.facetsjournal.comby UNIV VICTORIA on 04/30/20 4.3.Expert Panel Key Action 3.2-The GoC should consider the establishment of independent, arms-length advisory or decision-making bodies on matters pertaining to the use and conservation of marine biodiversity, including catch allocations, licensing, and environmental impact assessments: The revised Fisheries Act formally allows for establishment of Advisory Bodies, such as the 2017 panel on MPA standards (Fisheries and Oceans Canada 2018).In 2018, Canada's Chief Science Advisor was asked by the Ministers of Science and Fisheries and Oceans to lead an independent panel to provide recommendations on the use of science in decision-making on aquaculture (Government of Canada 2018).A new Impact Assessment Act, receiving Royal Assent in June 2019, provides for environmental impact assessments of designated projects by the Impact Assessment Agency of Canada or independent review panels (Parliament of Canada 2019).4.4.Expert Panel Key Action 3.3-The Prime Minister should use a mandate letter to increase ministerial accountability within DFO; the letter could be used to provide the Minister of Fisheries and Oceans a mandate to respond to the Expert Panel's recommendations; the mandate letter should be publicly available: The Prime Minister's mandate letters to three successive Ministers of Fisheries and Oceans (2015-2019) strengthened ministerial accountability regarding the use scientific evidence and the precautionary principle in fisheries and ecosystem management decisions.The mandate letter to the Minister of Environment and Climate Change (2015) directed the minister to respond quickly to science advice and complete recovery plans for species at risk in a timely manner.The public letters addressed issues that aligned with recommendations made by the Expert Panel regarding scientific evidence and the precautionary principle.The Oceans Act was renewed, under the auspices of Bill C-55, to create a new order power to establish MPAs rapidly (a process used, for example, in August 2019 to create the Tuvaijuittuq MPA off Ellesmere Island) (Government of Canada FACETS | 2020 | 5: 264-288 | DOI: 10.1139/facets-2020-0006 274 facetsjournal.comRecommendation 4. That Fisheries and Oceans Canada (DFO) rapidly increase its rate of statutory and policy implementation