Renewing the Fisheries Act: getting Canada’s oldest environmental law right

The bright fly tied precisely onto the end of the line whips forward in an elegant loop landing in the cold flowing river. After hours of making the line dance and flow, a bite and reel of excitement. Feels like a 20-pounder. This is going to make a good fish story. And this is what we need more of in Canada: good fish stories. Sadly, it seems good fish stories are more the exception than the norm these days. This past season, we’ve seen one of the lowest sockeye returns on the Skeena River. The East Coast snow crab fishery was closed to try to protect Atlantic Right Whales. Antidepressants have been found in the brains of fish in the Niagara River. Now that’s depressing. Some of the worst news for fish—and for the oceans, rivers, and lakes they depend on—came in 2012 when the Government of Canada made drastic changes to the Fisheries Act. Of particular concern to hundreds of scientists and people across the country was the elimination of protections on the habitats that fish depend on for reproduction and survival. As we all know: no habitat, no fish. The 2012 changes replaced long-standing provisions that prohibited the “harmful alteration or disruption, or the destruction, of fish habitat” with a widely contested and vague concept of “serious harm to fish.” They also changed the scope of the Fisheries Act to apply only to fish deemed to be part of a commercial, recreational, or aboriginal fishery. These fundamental changes proved difficult to implement for regulatory agencies that relied on a body of scientific evidence and legal precedents for interpreting the law. The changes also posed challenges for project proponents whose applications were impacted by delays in the policy process. In 2015, a new line was cast when the current prime minister mandated the Fisheries minister to review the changes made to the Fisheries Act and work to “restore lost protections, and incorporate modern safeguards.” After almost two years of consultation with scientists and legal experts, Indigenous peoples, environmental and conservation organizations, and the broader public, it appears that introduction of new legislation is imminent. Signs are pointing to a return to strong habitat protections, which would certainly be the start of a good fish story. But the government’s commitment to renewing the Fisheries Act presents an opportunity to go beyond fixing what was broken and to actually return abundance to ever dwindling fish stocks. It was 25 years ago that we acknowledged the cod stocks off the coast of Newfoundland and Labrador had collapsed, yet the fish remain in the critical zone and there is still no rebuilding plan in place. We need a modern Fisheries Act that includes a clear legal requirement to rebuild fish stocks in order to ensure that the cod, and other threatened fish populations, recover and are abundant over the long term. A new Fisheries Act must also rebuild the public’s trust in the federal government’s commitment to environmental protection. A strong law that incorporates key sustainability principles, protects fish habitat from cumulative impacts, makes decisions transparent through a publicly accessible database, and meaningfully shares authority and responsibility with Indigenous peoples can go a long way to doing so. In addition, it is essential that the government put sufficient resources and capacity in place to implement and enforce a new law. Boots on the ground (and in the water) will make the legislation all the more meaningful. Renewal of the Fisheries Act is an opportunity to get Canada’s oldest piece of environmental legislation right. It is an opportunity to return to stories of abundant cod, salmon, trout and walleye supporting vibrant commercial and sport fisheries. Stories of fish that are safe to eat sustaining Indigenous cultures and local economies. Stories of healthy oceans, lakes and rivers from coast to coast to coast. It is an opportunity to ensure our children—wherever they fish across the country—can experience what it is like to reel in a “big one” and tell tales that their grandparents can relate to. Tony Maas is the director of the Forum for Leadership on Water (FLOW), an independent group of policy experts from across Canada that work to advance the protection, restoration and sustainable use of freshwater resources and ecosystems. FLOW is a project of Tides Canada. Nikki Skuce is the director of Northern Confluence, an initiative dedicated to conserving the salmon watersheds that sustain our communities, economies and shared futures based out of northwestern British Columbia. The Hill Times