Notice

On June 29, 2012, the Fisheries Act was amended. Policy and regulations are now being developed to support the new fisheries protection provisions of the Act (which are not yet in force). The existing guidance and policies continue to apply. For more information, see Changes to the Fisheries Act.

Memorandum of Understanding between the members of The Coalition of National/Regional Non-Governmental Conservation Organizations and Fisheries and Oceans Canada

Between:       The members of the COALITION OF NATIONAL/REGIONAL NON-GOVERNMENTAL CONSERVATION ORGANIZATIONS
 
And                 FISHERIES AND OCEANS CANADA

WHEREAS, Fisheries and Oceans Canada (DFO) is responsible for the conservation and protection of Canada’s marine and freshwater fish and fish habitat resources from the impact of human activities, and assumes this legislative authority through the Fisheries Act, the Species at Risk Act and the Canadian Environmental Assessment Act, and is also guided by the “Policy for the Management of Fish Habitat” and other related regulatory and policy documents;

WHEREAS, the mandates of conservation for non-governmental organizations (NGOs) direct them to undertake direct habitat conservation programs, public policy development, science and research, education, marketing and communications activities that support Canada's wild species, including waterfowl and fish stocks as summarized in Annex 1;
 
WHEREAS, the Atlantic Salmon Federation (ASF), the Canadian Wildlife Federation (CWF), Ducks Unlimited Canada (DUC), Nature Canada (NC), Nature Conservancy of Canada (NCC), Pacific Salmon Foundation (PSF), Trout Unlimited Canada (TUC), Wildlife Habitat Canada (WHC) and National Watershed Stewardship Coalition (NWSC) have formed a Coalition, heretofore ‘the NGO Coalition’ to facilitate their working together with DFO to promote sustainable development through more effective and efficient protection of fish habitat; 

WHEREAS, the members of the NGO Coalition represent and advance the interests of their provincial and local member organizations and supporters in carrying out their conservation mandates; and

WHEREAS, DFO recognizes that the success of national efforts, including the development and implementation of policies and programs for an effective, efficient, and consistent Habitat Management Program, requires that it cooperates with a variety of organizations across the country, including non-governmental conservation organizations;

THEREFORE, each of the members of the NGO Coalition and DFO (the Parties) agree to establish a cooperative working relationship through this “Memorandum of Understanding” (NGO Coalition – DFO MOU), whose purpose is to establish a forum that: 

1. Promotes the stewardship of fish habitat (whose details are spelled out in annual workplans);
2. Provides advice on issues and policies impacting on the stewardship of fish habitat; and
3. Enables the leveraging of resources to support the stewardship of fish habitat.

In order to achieve this purpose, the Parties agree to the following provisions:

Management of the Agreement:

1. Establish by appointing a representative from each party to a Steering Committee that will manage the MOU in accordance with the Terms of Reference laid out in Annex 2:
2. Draw initial priorities for collaboration from the Framework for Workplaning found in Annex 3.
3. Convene an annual meeting and additionally if required, of the Deputy Minister of DFO and the Presidents of the NGOs, to provide advice on issues and policies impacting on the stewardship of fish habitat.

 

Membership:

1. Criteria for membership in the NGO Coalition are found in Annex 4.
2. The MOU will be left open for additional signatures of other interested national/regional non-governmental conservation organizations upon approval of the Parties, as well as to other government agencies, industry and other sectors.

The Parties further agree to the following:

1. The scope of the MOU is freshwater and estuarine systems.
2. That they will make contribution of the expertise of their staffs and their related program documents. 
3. That nothing in this MOU implies or commits the Parties to specific financial liabilities or responsibilities.
4. To explore the interest of other sectors of Canadian society in establishing a mechanism to foster cross-sectoral exchange and collaboration (i.e. industry; provincial and municipal governments; Aboriginal groups; advocacy organizations), including through the Parties to other bilateral habitat management agreements that DFO has established/establishes.

Dispute Resolution:
The Parties will resolve issues regarding the implementation of this MOU in a timely manner, first through the Steering Committee and if necessary through the Deputy Minister of DFO and Presidents of the NGOs meetings identified above. 

Term and Amendment:

1. The signatures of the Parties will initiate this MOU.
2. The MOU may be revised or terminated through the mutual agreement of the Parties at any time, and upon written notice any Party may opt out of the MOU at any time.
3. The MOU will be reviewed by the counterparts to the signatories of the agreement or their delegate three years after the date of its coming into force to evaluate its effectiveness and to make appropriate mutually acceptable adjustments as required.
4. The MOU can be amended at any time with the approval of the Parties.

 Signed, March 26, 2007:

 

_____________________
Loyola Hearn
Minister, Fisheries and Oceans Canada

 

_____________________
Bill Taylor
President, Atlantic Salmon Federation

 

_____________________
Colin Maxwell
Executive Vice-President, Canadian Wildlife Federation

 

_____________________
Gordon Edwards
Executive Vice President, Ducks Unlimited Canada

 

_____________________
Julie Gelfand
President, Nature Canada

 

_____________________
John Lounds
President and CEO, Nature Conservancy of Canada

 

_____________________
Paul Kariya
Executive Director, Pacific Salmon Foundation

 

_____________________
Doug Cressman
CEO, Trout Unlimited Canada

 

_____________________
David Brackett
President, Wildlife Habitat Canada

 

_____________________
Dennis O’Grady
Secretary
National Watershed Stewardship Coalition

ANNEX 1 - Summary of the Mandates of the National / Regional Non-Governmental (NGO) Conservation Organizations

Atlantic Salmon Federation (ASF)
The Atlantic Salmon Federation (ASF) is an international organization that promotes conservation and wise management of wild Atlantic salmon and its environment and plays a key role in restoring salmon runs, through working with governments and industry, research, regulatory/legislative advocacy, education and public awareness programs. ASF takes part in conservation, habitat restoration and community watershed plans. The ASF headquarters is in St Andrews NB with seven Regional Councils, 150 river associations and 40,000 volunteers.

Canadian Wildlife Federation (CWF)
Since 1962, CWF has advocated the protection of Canada's wild species and spaces. Representing over 300,000 members and supporters, the federation is one of Canada's largest non-profit, non-governmental conservation organizations. CWF is dedicated to fostering awareness and enjoyment of our natural world. Their objectives include:

• encouraging an understanding of the impact of human activities on the environment;
• promoting the sustainable use of our natural resources;
• conducting and sponsoring research relating to wildlife and the environment;
• recommending legislative changes to protect wildlife and its habitats; and
• cooperating with organizations and government agencies with similar objectives.

Ducks Unlimited Canada (DUC)
DUC’s conservation vision guides programming to support and produce waterfowl, through direct habitat programs, public policy development, science and research, education, marketing and communications, and the protection of nearly 25 million acres of habitat. The DUC headquarters are in Oak Hammock, MB, with three Regions, offices in all provinces, 350 employees, 150,000 supporters, 8000 volunteers, and 30,000 in the youth program. 

Nature Canada (NC)
NC’s mission is the protection of nature, its diversity and the processes that sustain it, with four guiding principles on strong relationships between humanity and nature. They operate in four program areas: 1) wildlands and seas to establish and protect parks and marine conservation areas; 2) bird conservation; 3) endangered species; and 4) education. The NC headquarters are in Ottawa, with provincial naturalist federations and local naturalist clubs throughout Canada as a Canadian Nature Network.

Nature Conservancy of Canada (NCC)
The mission of the Nature Conservancy of Canada is “A Nature Legacy through Partnership.” To achieve this mission, NCC will lead, innovate and use creativity in the conservation of Canada’s natural heritage by securing ecologically significant natural areas through purchases, donations, conservation agreements, or other mechanisms, and by achieving long-term stewardship through management plans and monitoring arrangements. NCC‘s National office is in Toronto and it has regional offices in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec and Atlantic Canada.   

Pacific Salmon Foundation (PSF)
The PSF vision is the long term healthy survival of Pacific Salmon populations within their unique habitats by supporting local stewardship, watershed planning, and long-term science based recovery initiatives. There are three main programs: the Community Salmon Program that supports 90 - 120 local projects per year; the Strategic Salmon Recovery Program with seven watershed regions and local delivery groups; and the Partnerships Program encourages corporations to invest in habitat restoration activities. Starting in 2006, a major targeted strategy focused on the protection, conservation and restoration of Fraser River salmonids is being launched with government, First Nations, NGO and local partners.  The PSF headquarters are in Vancouver, BC.  Over 30,000 volunteers have been harnessed via PSF programs.

Trout Unlimited Canada (TUC)
TUC’s long range goal is to promote and protect, conserve, and restore freshwater ecosystems and watersheds through education, consultation, hands-on habitat projects, working with volunteers and supporting projects through fundraising. The TUC headquarters are located in Calgary, AB, with Provincial Councils, chapters and regional offices, a strong membership and a core of professional staff.

Wildlife Habitat Canada (WHC)
WHC champions wildlife habitat conservation by supporting effective stewardship practices and policies. WHC works through partnerships with communities, landowners, governments, non-government organizations, and industry to find effective solutions to complex environmental problems facing wildlife habitat. WHC allocates funds for a vast range of activities, in all regions of the country from wetland conservation in agricultural regions to wildlife habitat conservation in coastal areas. The WHC headquarters are in Ottawa.

National Watershed Stewardship Coalition (NWSC)
NWSC represents seven leading watershed stewardship organizations from across the country that joined together in 2003 to form the NWSC.  As outlined in the National Watershed Stewardship Report, produced by the NWSC, the Steering Committee aims to identify key lessons learned in implementing watershed stewardship activities and use these lessons to develop comprehensive policy recommendations and actions for expanding and strengthening watershed stewardship in Canada.   Currently in 2007, organizations comprising the Steering Committee span the five regions of Canada and include the Clean Annapolis River Project (part of the Atlantic Coastal Action Plan); Atlantic Salmon Federation; Quebec Zones d’intervention prioritaires; Conservation Ontario; Alberta Land Stewardship Centre of Canada; Manitoba Conservation Districts, Saskatchewan Network of Watershed Stewards,  Stewardship Centre for B.C; and Langley Environmental Partners Society.

ANNEX 2 - Terms of Reference of the Steering Committee

1. Convene on a regular basis to draft and manage the implementation of an annual workplan and budget that has been approved by the Deputy Minister of Fisheries and Oceans Canada (DFO) and the Presidents of the Non-Governmental Organizations (NGOs).
2. Establish working groups as required that include local Coalition members/staff and DFO Regional staff, on the individual elements of the work plan. (An initial framework for workplaning to guide the steering committee is found in Annex 3.)
3. Collaborate to seek out new resources for the stewardship of fish habitat.
4. Convene an annual operations level workshop as required of local Coalition members/staff and DFO regional staff and relevant others, to review progress, discuss specific concerns, and define priorities for the coming year’s work plan.
5. Foster exchange and collaboration across the sectors of Canadian society.
6. Prepare and deliver a draft annual report on results achieved under the agreement for approval by the Deputy Minister of DFO and the Presidents of the NGOs. The results will also be identified in the Parties’ Annual Reports, including DFO’s Annual Report to Parliament on Habitat Management.

ANNEX 3 - Initial Framework for Workplaning

1.  Stewardship and Public Outreach 
     
While restoration of past damage to fish habitat is often necessary, prevention of damage is less costly.  To this end, habitat management requires the awareness, support and active involvement of all Canadians.  All NGO Coalition members have identified stewardship as a priority, referring to those activities that engage their provincial and local member organizations, their individual members, other non-government conservation organizations, government agencies, landowners, private companies, aboriginal communities and other citizens in working together to sustain natural ecological functions of habitats and to discourage the interference with these ecological functions. NGOs play a key role in helping Canadians make conscious decisions every day to act responsibly in conserving, protecting and restoring fish habitats. NGOs use the best scientific information to guide these stewardship activities.

The following broad areas of potential collaboration will guide work planning:

1. Strengthen and advance stewardship partnerships, programs, procedures and practices, for fish habitat.
2. Exchange information on:
   • Public awareness and recognition programs that have been effective in encouraging stewardship behavior
   • Skill development to organize volunteers to take part in stewardship activities
   • Transfer of knowledge and application of stewardship programs
   • Development and sharing of tools and methods.
3. Develop joint public education materials and programs about fish and fish habitat protection, conservation and restoration.
4. Exchange prepared materials and permit use of anything applicable to other organizations’ activities, and share information and expertise on communications, awareness and training programs.
5. Inform the public, industry and other sectors of Canadian society, on joint initiatives and current information concerning fish habitat conservation, protection and restoration.

2.  Integrated Watershed Planning

Integrated watershed plans address both habitat management prevention and restoration priorities by providing solutions that have scientific merit and are environmentally, socially and economically sustainable. This theme recognizes that single issue resource management decisions and actions that do not take into account other aspects of the watershed are often not sustainable and that it is essential to create opportunities for collaboration among stakeholders in the watershed planning process, consider the effects of fish habitat management on other aspects of the watershed, and the effects of other water and land uses in the watershed on fish habitat management.

The following broad areas of potential collaboration have been identified to guide work planning:

1. Work proactively with the other stakeholders, including provinces and territories, the National Resource Industry Associations, other industries and communities, to develop, or augment existing integrated watershed management plans.
2. Share information on the successes and challenges of integrated watershed management plans and programs.
3. Develop and implement a set of design and planning tools, methodologies and procedures which can assist in integrated watershed planning.
4. Develop a framework for classifying freshwater habitats for use in integrated watershed planning processes.

3.  Research and Monitoring

The NGO Coalition and DFO recognize the importance of research and monitoring to help guide effective conservation and protection of fish and fish habitat. A few of the NGO Coalition members and DFO have significant research and/or monitoring capabilities, including “citizen science” initiatives, that can be used through an adaptive management approach to strengthen or advance new programs, policies and techniques.

The following broad areas of potential collaboration have been identified to guide work planning:

1. Exchange research, monitoring and other scientific information related to fish and fish habitat.
2. Develop standardized user friendly monitoring techniques, mapping protocols, and databases related to fish and fish habitat.
3. Partner on fish habitat research and monitoring projects.

4.  Compliance with the Fisheries Act and the Species at Risk Act

When NGOs undertake projects that affect fish and fish habitat, they are bound by legislations that protect those resources - federally mainly under the Fisheries Act and the Species at Risk Act, provincially under relevant provincial legislation, and locally by municipal and sometimes watershed-level bodies.

The following broad areas of potential collaboration have been identified to guide work planning:

1. Promote a clear understanding and interpretation of legislation, policies, guidelines and best management practices designed to protect, conserve, and restore fish habitat.
2. Develop and operate under a more cooperative and partner-like working relationship with respect to the interpretation and authorization of activities associated with existing legislation, towards a new level of trust and respect between DFO and the NGOs. This could include working together to establish protocols with respect to referral systems, develop operational statements, guidelines and best management practices, and define roles and responsibilities.
3. Provide input to the formative stages of new policies and legislation that may affect fish habitat management and promote progressive legislative and policy changes that advance fish habitat management.

ANNEX 4 - NGO Coalition Membership Criteria

The following are the criteria for membership in the NGO Coalition: 

• A working interest in fish habitat,
• A track record of working on issues that would protect, conserve and restore fish habitat,
• A national or regional mandate,
• An ability to contribute financially to the process of establishing the NGO coalition and developing the MOU and work plan with DFO, and
• A Corporate entity with an institutional capacity, such as staff and resources, to deliver on-the-ground programs and projects.