Species at Risk Act management scenarios summary for Okanagan Chinook Salmon

The following provides a summary of the Fisheries and Oceans Canada (DFO) Management Scenarios for the potential listing of Okanagan Chinook (Oncorhynchus tshawwytscha; OKC) as Endangered under the Species at Risk Act (SARA). The “Do Not List” (DNL) scenario outlines potential measures to be implemented if OKC are declined for listing. The “List” scenario outlines potential measures to be implemented if OKC are listed as Endangered under SARA, beyond the automatic prohibitions and other requirements for species listed as Endangered under SARA.

Measures described are used as part of the advice that supports a decision by the Governor in Council (GiC). Confirmation of specific actions will follow the listing decision. DFO is unable to commit to specific actions on behalf of other federal agencies, the Province of British Columbia, Indigenous partners, or stakeholders. Protections under the Fisheries Act remain in place in either listing scenario, as does the Pacific Salmon Treaty: Annex IV Chapter 1 - Transboundary Rivers, commercial salmon fishery requirements (e.g., mandatory catch reporting, revival boxes), First Nations fisheries communal licence conditions (e.g., mandatory Chinook release in Okanagan fisheries), and other fisheries requirements.

Activities and their scenarios

SARA general prohibitions

• Do not list:
  • No measures would be implemented under SARA
• List:
  • No person shall kill, harm, harass, capture, take, possess, collect, buy, sell, or trade OKC [S.32]; and, no person shall damage or destroy the residence of OKC [S.33]

SARA recovery planning

• Do not list:
  • No measures would be implemented under SARA
• List:
  • Development of a recovery strategy (S.37) and action plan (S. 47); Critical Habitat identification to the extent possible (S.41[c][c.1]) and protection under a Critical Habitat Order (S.58[4], [5]); review of permit applications for activities contrary to s.32 etc. (S.73[2][a], 73[2][b][c])

Grants and contributions

• Do not list:
  • SARA-related grants and contributions eligibility is limited to Aboriginal Fund for Species at Risk
• List:
  • OKC are eligible for SARA-related grants and contributions funding (Habitat Stewardship Program, Canada Nature Fund for Aquatic Species at Risk, Aboriginal Fund for Species at Risk)

General fisheries management

• Do not list:
  • Develop Fisheries Act Rebuilding Plan: OKC were prescribed as a major fish stock in Apr. 2022 pursuant to the Fish Stocks provisions of the Fisheries Act
  • Manage OKC as a stock of concern in an Integrated Fisheries Management Plan
• List:
  • Fisheries Act Rebuilding Plan not required (S.6.2[3]); potential to include draft aspects of the Rebuilding Plan in recovery strategy
  • No OKC-directed fisheries exist; measures below refer to fisheries that may intercept OKC

First Nations salmon fisheries

• Do not list:
  • No specific incremental First Nations salmon fisheries actions are expected under DNL
• List:
  • Exemptions (SARA S.83[4]) for directed harvest are not anticipated due to low allowable harm
  • Further investigate need for enhanced monitoring and enforcement
  • Osoyoos Lake sockeye gill net Food, Social, or Ceremonial (FSC) fishery: No gill nets in Osoyoos Lake Jul. 1 to Oct. 15; Okanagan River sockeye FSC (multiple gear types): no snags or gill nets in Okanagan River Jul. 1 to Oct. 15 (dates currently based on OKC return to freshwater between Jun. and Aug. and Oct. spawn. They may be adjusted pending further information)

Recreational salmon fisheries

• Do not list:
  • No specific incremental recreational salmon fisheries actions are expected under DNL
• List:
  • To reduce potential for encounters with OKC, Pacific Fishery Management Area (PFMA) 27, the area shoreward of the one nautical mile Boundary Line in PFMA 127, and PFMAs 1 and 2 Aggregate Abundance-Based Management fisheries: closed to Chinook retention Apr. 1 to Jul. 14; retention of Chinook with a daily limit of two allowed starting Jul. 15
  • Individual Stock-Based Management fisheries in PFMAs 3 and 4: no Chinook retention Apr. 1 to May 31; retention of Chinook with a daily limit of two allowed starting Jun. 1
  • Investigate options for enhanced monitoring and enforcement

Commercial salmon fisheries

• Do not list:
  • No specific incremental commercial salmon fisheries actions are expected under DNL
• List:
  • To reduce potential for encounters with OKC, Area F and G Chinook Aggregate Abundance-Based Management troll closed year-round; Area F troll fisheries targeting Pink/Coho closed Jul. to Aug.

Commercial groundfish trawl

• Do not list:
  • Develop a Chinook coded wire tag (CWT) sampling program to accurately estimate indicator stock exploitation rates (ERs) annually
  • Estimate and adaptively manage ERs to reduce OKC bycatch
• List:
  • DNL activities apply
  • Potential for additional measures to be compliant with SARA depending on CWT program results

Provincial fisheries management

• Do not list:
  • Work with the Province of BC to further investigate communication with anglers; raising Chinook awareness; creel surveys in Osoyoos and Skaha Lake
• List:
  • Barbless hooks may be required in some additional areas and times (further information is required to determine when and where these changes would be implemented)

Enhancement

• Do not list:
  • No specific incremental enhancement activities are expected under DNL
• List:
  • Consider SARA S.83(4) exemption if activities are eligible per the Recovery Strategy (e.g., to facilitate positive population growth towards the recovery target)

Research and monitoring

• Do not list:
  • No specific incremental research an monitoring activities are expected under DNL
• List:
  • Consider SARA S.83(4) exemption if activities are eligible per the Recovery Strategy (e.g., to determine whether positive population growth towards the recover target occurs)

Other federal measures

• Do not list:
  • Ministerial consideration of habitat restoration pursuant to the Fisheries Act S.6.2(5) Fish Stocks restoration measures provision
  • Currently, the draft Rebuilding Plan contemplates completion of high priority habitat restoration measures from PSC workshops and a DFO 2020 workshop (e.g., re-naturalization of channelized portions of the river via set-back dyke)
• List:
  • DFO would consider SARA prohibitions in regulatory reviews, including for SARA permits or Fisheries Act authorizations that also act as SARA permits for some activities (S.73[2][b], [c])

Other provincial measures

• Do not list:
  • Explore opportunities for invasive fish surveys (with ONA and DFO); manage fisheries to suppress invasive fish and reduce the risk of spread (e.g., promoting awareness of invasive fish impacts on OKC, or changes to regulations in OKC waterbodies)
• List:
  • DNL activities apply
  • Water releases from BC dams may be considered a SARA S.83(1)(a) exception