PRACTICING PRECAUTION and ADAPTIVE MANAGEMENT ...

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It is important to note that the application of the TAC decision making process and theproduction of science-based SSRs for stocks also varies across regions of DFO. For example, thecontent of SSRs for cod stocks of Newfoundland and Labrador versus cod stocks in the Gulf ofSt. Lawrence versus those in the Maritimes Region of DFO all vary and are not directlycomparable. Moreover, the interpretation of the management of these same species but differentstocks across regions, is quite different. For example, estimates of spawning stock biomass in theGulf of St. Lawrence at 80 thousand tonnes in 2003 led the Minister to closing this stock to allcommercial fishing whereas estimates of less than 30 thousand tonnes for 4X5Y cod (Fig 3)supported a commercial fishery with a TAC of 6,000t.While it is difficult to compare regional stocks directly, the evidence points to a need forscientists throughout the institution responsible for providing information and analysis on stockstatus to compare and contrast their interpretations and understanding of the data to lead toconsistent and precautionary results.III.E. Evidence of administrative conflictsThe process of TAC setting from the development of the science-based SSR to the consultationand holistic system approach of the FRCC recommendations is designed to avoid administrativeconflicts encountered in the pre-1992 period. This process was meant to be a model oftransparency and participation by all stakeholders following a period of reaction to a failedcontrol system that arguably did not provide opportunity for full analysis and consideration ofalternatives.After 1992, what changed was the DFO science stranglehold on the TAC advice to theMinister. While acknowledging the importance of science in the production of the SSRs, theopportunity to provide a critical review of the science contained in the SSR occurred through theFRCC. However, the FRCC remained a consultative body that provided recommendations.Accordingly, the Minister’s retention of the decision making authority effectively meant that hewas ultimately influenced in setting TACs by his internal science and management staffers, theFRCC recommendations, as well as the lobbying of the fishing industry, and environmentalNGOs. The Minister’s wide mandate as sole authority under the law, and the lack of a clear“weighting” of the resource sustainability versus the social viability versus the administrativecost of management means that the range of feasible TACs for a given stock can be defended as“precautionary” in spite of the inherent conflicts.Evidence of these inherent conflicts is presented in the parallel cases of cod and haddockin 4X5Y described above. Arguably, the presentation of the optimistic growth of haddock isqualitatively precautionary leading to no increase in exploitation in 2002 and a relatively smallincrease in the 2003 TAC. If these same interpretations were applied to the cod stock, then onewould suspect that the SSR would not be inclined to defend the status quo exploitation rate andavoid all reference to the stock target objectives set by a previous Minister. When the FRCCattempted to act as the corporate memory for the 3-year plan, the Minister used his prerogative todecide on status quo despite evidence to the contrary.This does not imply that the Minister’s decision was not precautionary. Rather, it shouldbe understood that precaution with respect to other dimensions of the decision took precedenceover the resource sustainability dimension in this case. The fact that formal analyses for theseother dimensions are not specified does not reduce the need for there full consideration, but itdoes confound the clarity of the basis on which the Minister’s decisions are made.Dan E. Lane – Setting TACs in the 4X5Y Cod and Haddock Fisheries D-119
IV. RECOMMENDATIONSIV.A. Case study performanceThe presentation of the cod and haddock TAC decision processes for 2002 and 2003 illustratestwo different applications of PP and PAM concepts in very similar contexts. In either case, codand haddock TACs were determined and ultimately decided upon by the DFO Minister with fullknowledge of the science-based stock status from SSRs, feedback from stakeholders, andsystem-wide recommendations from the FRCC.The two cases differed in terms of their performance with respect to stock status over2002 and 2003, and with respect to targeted objectives at the end of the 3-year plan. The haddockstock was estimated to have achieved the stock targets (as defined in the FRCC’s Fisheriesresource Conservation Plans or FRCPs) by the time of the 2003 TAC increase decision.On the other hand, the performance of the cod stock with respect to its target objectivesas set out in the 3-year plan, and the cod FRCP was less than anticipated. As stated in the 2002SSR:“restrictive quotas for 4X cod have not been effective at reducing total mortality…Longertermbiomass increase and improvements in age structure for this stock are dependent onreductions in mortality rate.” (DFO 2002a, p.8)Thus, the performance of the haddock stock exceeds that of the cod stock from the perspective ofstock growth over the period.IV.B. Suggested improvementsThe process for deciding on TAC for cod and haddock in Southwest Nova Scotia and the Bay ofFundy is similar to the process applied to groundfish stocks throughout the northwest Atlantic. Anumber of suggestions are made to improve on the current process, as follows:• Standardize the minimal scientific content for stock status estimation, includingcalculation of stock abundance estimates and an analysis of the variability of theestimates;• Involve stakeholders (e.g., commercial fishermen, coastal communities,environmental NGOs) in the collection of data for stock assessment processes andin the development of components of the “stock status report”, e.g., the fishingindustry is assigned responsible for describing the fishery and its observations;• Provide a unified fisheries system analysis that would link all stocks of the mixedfishery in a joint stock status analysis;• Extend authority to fisheries stakeholders for the TAC decisions on stocks andreduce the ultimate authority of the DFO Minister for these stock-by-stock annualdecisions;• Prepare TAC decisions in the form of a strategic plan that projects exploitation bycommercial interests into a longer-term outlook.Dan E. Lane – Setting TACs in the 4X5Y Cod and Haddock Fisheries D-120
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PRACTICING PRECAUTION and ADAPTIVE
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ACKNOWLEDGEMENTSPracticing Precauti
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A- EXECUTIVE SUMMARYINTRODUCTIONWit
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This study must be considered as an
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The regulatory scheme does not expl
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increased the TAC. However, for cod
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B - INTRODUCTION: UNCERTAINTY, PREC
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mechanisms of participation, such a
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Some causes of uncertainty are more
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The distinction between principle a
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estimates serve as a notional bench
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1 As Jonathan Wiener emphasizes, re
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C- RESEARCH METHODOLOGYEVALUATING I
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questionnaire: for each concept, th
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D-2
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Nathalie Chalifour & Yves Prévost
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III.B.4. Principe 4.4 Il devrait y
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Le Canada a aussi des obligations e
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En septembre 2001, le gouvernement
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données de l’ACIA. Le Service ca
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II.B. Les NIMP 2 et les ARP’s de
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L’AF se qualifie comme OQ, car l
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II.C. Les règlements additionnels
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II.C.1e. Règlement sur l’indemni
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II.C.2d. Règlement sur l’indemni
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défi est donc de savoir quand s’
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III.B.3. Principe 4.3 L’applicati
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arrivent aux ports canadiens tous l
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VI. ANNEXE I. ABRÉVIATIONSACIAAgen
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29 Kai N. Lee, « Appraising Adapti
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D-34
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Jennifer A. Chandler - The Regulati
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Jennifer A. Chandler - The Regulati
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As a result, a new plant is exempt
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decision-maker “shall” refuse t
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the intermediate situation, proof o
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data and relevant scientific inform
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The PBO has already anticipated the
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As noted earlier, the environmental
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Biosafety Office (PBO). The plants
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In the judgment of the Expert Panel
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espect to the test data submitted a
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40 These are (1) the potential of t
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93 Ibid.94 Directive 94-08, supra n
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C. Scott Findlay & Annik Déziel -
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C. Scott Findlay & Annik Déziel -
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III. A BRIEF HISTORY OF PESTICIDE R
Page 95 and 96: into account its conditions or prop
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Page 99 and 100: Precisely how the various uncertain
Page 101 and 102: In the past, special reviews have b
Page 103 and 104: VIII.C. Is PMRA practicing precauti
Page 105 and 106: From these considerations, the mini
Page 107 and 108: effects of decisions are systematic
Page 109 and 110: eported. Note furthermore that this
Page 111 and 112: Pest Management Regulatory Agency (
Page 113 and 114: Dan E. Lane - Setting TACs in the 4
Page 115 and 116: LIST OF TABLESTable 1. Stock Status
Page 117 and 118: Environment). As it expanded, Canad
Page 119 and 120: 3) FRCC prepare TAC recommendations
Page 121 and 122: 4) The Minister’s Final DecisionB
Page 123 and 124: 7) Outlook - highlights of the abun
Page 125 and 126: ultimate authority for all access a
Page 127 and 128: II. CASE STUDYII.A. Setting TACs in
Page 129 and 130: Scotian Shelf. Approximately 50% of
Page 131 and 132: The prognoses of the stocks for 200
Page 133 and 134: F0.1, used as the benchmark rate, m
Page 135 and 136: Sources ofUncertaintyAge Structure:
Page 137 and 138: Sources ofUncertaintyPrincipal sour
Page 139 and 140: OutlookIndicators of Abundance:Indi
Page 141 and 142: ManagementConsiderationsEcosystemCo
Page 143 and 144: constructed on the basis of the wei
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Page 149 and 150: V. REFERENCESCanada 2005. A Framewo
Page 151 and 152: Hutchings, J.A. 1996. Spatial and t
Page 153 and 154: VI. APPENDIX AStock Status Report D
Page 155 and 156: VII. Appendix B2002 and 2003 Docume
Page 157 and 158: Sources of UncertaintyOutlookSPA -
Page 159 and 160: E- COMMENTARY AND ANALYSIS OF RESEA
Page 161 and 162: COMMENTARY AND ANALYSIS OF RESEARCH
Page 163 and 164: TABLE OF CONTENTSI. PRACTICING PREC
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Page 167 and 168: Table 3: Questions with missing dat
Page 169 and 170: Figure 1. The raw data from the que
Page 171 and 172: Figure 4. S(n) versus n for Part II
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Page 175 and 176: Data reduction to 2 variablesII_220
Page 177 and 178: I_1210-1-21pest 2fish 3gmo 4frstcas
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Page 181 and 182: II.C. GoalsThe goal of this examina
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Page 185 and 186: Conclusions & Summary F-2
Page 187 and 188: Conclusions & Summary F-4
Page 189 and 190: one government department to anothe
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Page 193 and 194: can assess the risks inherent in a
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III. REFORM POSSIBILITIESFactoring
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ased decision-making. Finally, thes
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The answers will depend on context,
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ased on the administrative principl
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decisions must maintain the adminis
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Potential Future WorkAmong the many
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On the South Australia Environment,
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G - APPENDICES:i. Document Question
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Practicing PrecautionTo which case
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10) The following is a list of "pre
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15) There are many different source
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• Decisions are treated as scient
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Revised February 25, 2005PRACTICING
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II.1. Does the legislation constitu
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III.2.a Does the legislation contai
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III.8.i “endangered”III.8.j “
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III.13.a Uncertainty about effects
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IV.5.g Monitoring is conducted by t
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V.7.Do decision-makers have access
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iii. WORKSHOP SUMMARY“Precaution,
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science, to Type I and Type II erro
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iv. WORKSHOP PARTICIPANTSMARCH 8 th
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NATHALIE DES ROSIERS613-562-5902nat
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Mike WilsonDirector, Strategic Issu
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