On February 6, 2018, the federal government introduced proposed amendments to restore lost protections and incorporate modern safeguards into the federal Fisheries Act. An overview of the proposed amendments are outlined below.
Protecting fish and fish habitat
The proposed changes would restore protections for fish and fish habitat that were lost with the 2012 overhaul of the Act. Notable changes will protect all fish and fish habitats and restore the prohibition against ‘harmful alteration, disruption or destruction of fish habitat’ (HADD). To ensure these changes are effective, the federal government is committed to having a strong enforcement capacity and increasing the number of frontline fishery (and habitat) officers.
Better management of projects
To better manage projects, the proposed Act will clearly define which projects would always require authorization and develop Codes of Practice documents to provide formal guidance and advice for small, routine projects.
Reconciliation with Indigenous peoples
Proposed changes will support reconciliation with Indigenous peoples by considering traditional knowledge of Indigenous peoples for habitat decisions and protect that knowledge from being disclosed. Changes will also enable Indigenous peoples to participate on advisory panels.
Protecting biodiversity and addressing threats
To protect marine biodiversity, the proposed changes will allow for the short-term fisheries management orders to address urgent threats and create regulations to establish long-term fishing restrictions for conserving marine biodiversity. Current marine refuges are expected to be managed under new regulations to ensure they are in place for the long term, as intended.
Supporting independent fishers
Proposed changes would take into account social, economic and cultural factors of fishing and promote independent inshore commercial licence holders. What this means, is individual fishermen are required to fish their licences personally and reap the rewards. To do so the Act would clarify regulations to support the Fleet Separation Policy, which ensures corporations cannot both be harvester and processor.
Restoring habitat and rebuilding fish stocks
The proposed changes would give DFO the power to introduce regulations to help rebuild depleted fish stocks and restore habitat of a depleted stock.
What happens next?
Moving forward, Bill C68 will be subject to the parliamentary process. Once the bill passes the review from the House of Commons and the Senate, it requires Royal Assent, at which point it becomes law. Alongside this parliamentary process, the federal government is planning to engage stakeholders on regulations and policies needed to fulfill the commitments in the Act when it becomes law.
How GHD can help?
GHD’s technical team has extensive experience with fish and fish habitat and knowledge of the application of the Fisheries Act. Please contact us to see how we can help you navigate the proposed amendments to the Fisheries Act.
For more information, please contact:
Robyn Leppington, Senior Aquatic Biologist
E: robyn.leppington@ghd.com | T: +1 519 340 3883 | M: +1 519 497 4351
Laura Lawlor, Senior Ecologist
E: laura.lawlor@ghd.com | T: +1 519 340 3759 | M: +1 519 497 5316