Canada's Fish Habitat
Canada's fish habitat, the life support system critical for fish to reproduce, grow and live, is critical to the security and sustainability of Canada’s marine and freshwater fisheries resources.
Fish habitat, however, can be easily damaged and lost due to human activities that occur in, near or with water. These often result in both big and small changes to fish habitat in ways that are both obvious and subtle. The changes often have profound effects on the economic, social, cultural and environmental benefits that marine and freshwater fish provide to Canadians.
DFO's Fish Habitat Management Program plays a pivotal role in the conservation and protection of fish habitat in Canada. With staff in over 65 offices across Canada, staff are involved in reviews of works and undertakings in or near water; monitoring compliance and enforcing the habitat protection provisions of the Fisheries Act; watershed and coastal zone planning; habitat enhancement; public education and stewardship. The Program works closely with provinces, territories, industry and conservation and aboriginal groups on protecting and conserving fish habitat and has responsibility to report to Parliament annually on the administration and enforcement of the habitat protection and pollution prevention provisions of the Fisheries Act.
One of the key objectives of the policy is to “increase the natural productive capacity of habitats for the nation’s fisheries resources” otherwise known as “Net Gain”, through conservation, restoration, and development of fish habitat.
The Fisheries Act and the Policy for the Management of Fish Habitat provide the federal government with a significant role in the conservation and protection of Canadian waters.
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DFO is guided by the Habitat Policy. Established in 1986, the Policy provides a mix of regulatory and proactive strategies that, together, support the concepts of sustainable development and ecosystem approach.
CANADA - BRITISH COLUMBIA FISH HABITAT MANAGEMENT AGREEMENT
Between: The Government of Canada as represented by the Department of Fisheries and Oceans (herein after referred to as Canada) And: The Government of British Columbia as represented by the Ministry of Environment, Lands and Parks and the Ministry of Agriculture, Food and Fisheries (herein after referred to as BC)
http://www.dfo-mpo.gc.ca/canwaters-eauxcan/habitat/partners-partenaires/bc/bc_e.asp
2.0 Purpose & Objectives
This Agreement is intended to increase certainty, consistency and efficiency in the protection of fish habitat and the delivery of fish habitat protection programs to reach the highest standards of protection that can be achieved in the province of British Columbia through the implementation of federal and provincial legislation, regulations and policies identified in Annex 1. Specifically this Agreement commits Canada and BC agency staff to:
2.1 coordinate work activities to ensure comprehensive and effective protection of fish habitat, and that decisions are made in an efficient and timely manner;
FEDERAL: These are implemented in collaboration with other federal departments, provincial governments, Aboriginal People, non-governmental organizations and industry.
Delivery of activities associated with compliance and enforcement of the habitat protection provisions of the Fisheries Act is undertaken by Fishery Officers from DFO’s C&P Program. Scientific support, including research, scientific advice and monitoring, is provided by scientists of the department’s Science Sector. The remaining activities are the responsibility of the Ocean Sector's Habitat Management Program.
The major focus of the Program is on regulatory activities. These include: the review of development proposals (referrals); compliance monitoring and enforcement of the habitat protection provisions of the Fisheries Act; and conducting environmental assessments under CEAA prior to making decisions under section 35 of the Fisheries Act, or prior to issuing certain approvals under the Navigable Waters Protection Act (NWPA)or the National Energy Board Act (NEBA).
§ Fisheries Act
§ Canadian Environmental Assessment Act
§ Oceans Act
§ Policy for the Management of Fish Habitat
§ Habitat Conservation and Protection Guidelines
§ Decision Framework for the Determination and Authorization of Harmful Alteration, Disruption or Destruction of Fish Habitat
PROVINCIAL:
§ BC Environmental Assessment Act
§ Environment and Land Use Act
§ Environmental Management Act
§ Fish Protection Act
§ Forest Practices Code Act
§ Forest Land Reserve Act
§ Municipal Act
§ Waste Management Act
§ Water Act
§ Wildlife Act
"Fish habitat" means spawning grounds and nursery, rearing, food supply and migration areas on which fish depend directly or indirectly in order to carry out their life processes and includes environments that:
§ directly or indirectly support fish stocks or fish populations that sustain, or have the potential to sustain, subsistence, commercial or recreational fisheries; or,
§ directly or indirectly support or have the potential to support, native wild fish populations; or,
§ although not directly supporting fish, provide nutrients and/or food supply to adjacent or downstream fish habitat or contribute to water quality for fish; or,
§ could contribute to the recovery of fish species at risk; or,
§ have been identified by Canada and BC for investments in fish habitat restoration or enhancement.
The Habitat Policy recognizes that first and foremost habitat objectives must be linked and integrated with fish production objectives. It also recognizes other sectors of the economy make legitimate demands on water resources. The Habitat Policy promotes integrated planning for habitat management as an approach to ensuring the conservation and protection of fish habitat that sustain fish production while providing for other uses.
A key element of the Habitat Policy is the guiding principle of “no net loss of the productive capacity of fish habitat” that supports the conservation goal and is applied when proposed “works or undertakings” result in a HADD of fish habitat. Prior to the issuance of an authorization under subsection 35(2) of the Fisheries Act, DFO applies the “no net loss” guiding principle, so that unavoidable habitat losses as a result of development projects are balanced by restored and/or newly created or enhanced habitat. If unacceptable losses of fish habitat cannot be prevented by these measures, the Habitat Policy calls for an authorization not to be issued. Furthermore, where deleterious substances result in harm to fish or damage to fish habitat, compensation2 is not an option.
The mandate of the National Habitat Management Program is to ensure the conservation and protection of fish habitat that sustain fresh and marine fisheries resources that Canadians value. As a result of the enactment of the Canadian Environmental Assessment Act (CEAA)3 in 1995, the Program was assigned responsibilities to conduct environmental assessments of development proposals requiring certain regulatory decisions under the Acts administered by the Department.