Before and After: What Do The Fisheries Act Changes Mean

November 2007

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Preamble

Before The current Act does not provide direction or guidance to the Minister or DFO on the goals, objectives and management principles that should be the basis of fisheries and fish habitat management decisions.

After The preamble, purpose clause and management principles define important values and objectives for fishing and conservation. They state specifically how the sustainable development of Canada's seacoast, inland fisheries and fish habitat should be managed. They highlight the obligations of decision makers to achieve these goals.

Fisheries Management Orders (FMO)

Before Variation orders approved by regional officials vary regulations for the operation of a fishery such as changing when it is open and closed, size limits and quotas. These regulations require hundreds of pages of schedules to allow variations to be made.

After FMOs are simpler, clearer and faster. They may be made by the Minister, a DFO officer or a designated provincial official to make changes in a timely fashion. These orders will control the number and size of fish caught, and prohibit the fishing of certain fish or harvesting of marine plants during closed times. These will not be regulations requiring hundreds of pages of schedules.

Sanctions

Before Currently, DFO must proceed through provincial courts to prosecute offenders of the Act or its regulations. This is a slow and costly process. In a number of jurisdictions, there are no arrangements to handle the issuing of tickets for minor violations. The courts have significantly limited the Minister's ability to impose licence sanctions. In addition, the Minister's power under the Act to suspend or cancel a licence is ineffective.

After An arms-length Canada Fisheries Tribunal could impose licence sanctions and financial penalties on licensed fishers, as well as process tickets for minor violations in coastal fisheries. Other contraventions of the Act such as habitat offences, infractions in inland fisheries managed by a province and poaching would continue to be handled by the courts. The tribunal would also hear licence appeals. Breaches of licence conditions will not be punishable by imprisonment.

Provincial-Territorial Co-operation

Before Several intergovernmental arrangements are in place although there has never been an overarching legal framework to establish common goals between the two levels of government, or to secure the consistency of these arrangements.

After A clear authority for the Minister to enter into intergovernmental agreements provides a framework to increase collaboration in such areas as joint goal-setting, the exchange of information and engaging common stakeholders.

Habitat Management

Before The current Act treats fish habitat protection and pollution prevention as issues separate from fisheries management.

After Reflecting current practice, habitat protection is clearly stated in the new Act as an integral element of proper fisheries management. Everyone engaged in administering the Act must take into account the principle of sustainable development, and ecosystem and precautionary approaches in the conservation and protection of fish and fish habitat. The general prohibition on the harmful alteration, disruption or destruction of fish habitat remains the cornerstone of DFO's fish habitat protection program.

Licensing

Before The Minister issues licences and decides on appeals. He or she can be lobbied for preferred access and allocations.

After Licensing rules and criteria will be set out in regulations under the new Act. The Minister will continue to decide on access to the coastal fishery, but licensing officers will issue or refuse individual licences. The Canada Fisheries Tribunal will hear appeals. Allocations will continue to be made by the Minister, but in a more transparent process and can be made for longer periods of time.

B-HQ-07-59E(c)