Freshwater Initiative

Summary

Fresh water plays an important role in Canada's environment, society, and economy, in such vital areas as: marine transportation in the Great Lakes and St. Lawrence Seaway; food and cultural benefits for aboriginal communities; freshwater commercial fisheries, and; the recreational use of fresh waters for fishing, boating, or other uses. Fish habitat protection is essential to the maintenance of fisheries benefits, and is significant to the maintenance of the healthy environment so valued by Canadians.

Circumstances have changed considerably since 1988 when DFO last reviewed its freshwater fisheries roles. The Canadian Coast Guard (CCG) has merged with DFO, expanding the department's mandate into areas of marine transportation and safety, search and rescue, environmental response and recreational boating. DFO has also undergone major changes in programs and program delivery as a result of the 1995 Federal Government Program Review. In addition, forces external to the department have affected the evolution of its role in fresh waters. Some of these are government wide, and are outlined in the federal discussion document, Towards a Federal Freshwater Strategy (July 1998). They include changing governance, fiscal reforms, federal-provincial harmonization and co-operation, and the growing complexity of freshwater issues internationally.

At the May 1998 meeting of the National Conference of Fisheries Ministers (NCFM), Ministers discussed the importance of a shared vision for the management of freshwater resources, and of continued co-operation and collaboration by federal, provincial and territorial partners. They underscored the need to confirm federal and provincial and territorial roles, and provide a renewed understanding of the national vision, role, issues, goals, objectives and approaches to freshwater fisheries. At that meeting the Minister of Fisheries and Oceans (DFO) agreed to lead, in partnership with the provinces and territories, in the development of a freshwater fisheries strategy. As a first step, the Minister committed to develop a statement of DFO's freshwater roles and responsibilities.

The main objective of this document is to clarify DFO's ongoing involvement in fresh waters in this new era of freshwater management. It reflects extensive effort by a national DFO working group, involving representation and input from all of DFO sectors and regions. It has been through several iterations in an effort to ensure that the information it presents is factual and consistent. Some of the issues it addresses are still evolving. On the delegation of habitat management responsibilities to inland provinces, for instance, talks are ongoing between federal and provincial officials., and no definitive conclusion has been reached. On a number of issues, DFO had to make difficult decisions in order to achieve the priorities outlined by the Government of Canada.

This discussion document is organized into three main parts:

1. DFO roles and responsibilities in fresh waters;
2. DFO freshwater principles, goals and strategies;
3. Major freshwater issues and future directions.

It provides one building block for a renewed national vision for fresh waters. Provinces and Territories will have the opportunity to comment on this document. Thereafter, it is hoped that with the agreement of Ministers, all governments will cooperate in the development of a shared, national strategy for fresh waters in Canada.

1. Freshwater Roles and Responsibilities

There have been fundamental changes in DFO's freshwater programs and services. At the same time, the compendium of DFO legislation, federal legislation and DFO formal agreements relevant to fresh waters indicates ongoing roles and responsibilities.

The department's legislated mandate in fresh waters is:

• management and control of the fisheries;
• conservation, protection and restoration of fish and fish habitat;
• prevention, preparedness and response to pollution incidents;
• search and rescue, recreational boating, marine communications and traffic services;
• icebreaking;
• establishment of marine aids to navigation;
• protection of navigable waters; and
• administration of public harbour infrastructure in support of commercial fishing and transient boating.

The DFO mandate in fresh waters is refined by Policy, e.g. the Policy for the Management of Fish Habitat, and agreements with provincial and territorial governments and other federal departments.

The DFO role in fresh waters continues to be refined with provinces, territories, other federal departments and other groups. Delegation arrangements have shaped and influenced the DFO role in fresh waters, especially in Quebec and the inland Provinces. While the historical, constitutional, economic and social factors underlying delegation and other agreements can be somewhat complex, shared stewardship of freshwater resources results.

2. Freshwater Principles, Objectives and Goals

DFO freshwater activities adhere to and advance the vision stated in the departmental planning framework:

• Safe, healthy, productive waters and aquatic ecosystems, for the benefit of present and future generations, by maintaining the highest possible standards of:
  • Service to Canadians
  • Marine Safety And Environmental Protection
  • Scientific Excellence
  • Conservation and Sustainable Resource Use

In pursuit of this vision, the department has the following long-term goals:

• Managing and protecting fisheries resources
• Protecting the marine and freshwater environment
• Understanding the oceans and aquatic environments
• Maintaining marine safety
• Facilitating maritime commerce and ocean development

The principle of shared stewardship is a cornerstone to the achievement of DFO's objectives in fresh waters. Partnerships with provinces and territories, other federal agencies and with other groups are essential. Co-operation and collaboration are important tools in achieving freshwater goals: to be effective, they do require agreed upon standards.

DFO's freshwater activities adhere to the department's sustainable development principles as stated in Sustainable Development - A Framework for Action: shared stewardship, integrated management, an ecosystems approach, continuous improvement, the precautionary approach, and pollution prevention.

In order to integrate effectively approaches in fresh and marine waters, consistency is also required with the principles of sustainable development, integrated management and precautionary approach, as articulated in Toward Canada's Oceans Strategy.

DFO's freshwater activities complement the national objective, principles and strategies outlined in the discussion document Towards a Federal Freshwater Strategy. Of particular relevance are the principles of partnership approaches, shared responsibility, ecosystem approach and the precautionary principle. Also relevant are the national strategies for partnership with provinces and territories, science and technology, public participation and community action, legislation and regulation and market instruments.

3. Major Freshwater Issues and Future Directions

The DFO working group examined 13 subject areas with freshwater content and identified issues and future directions, in the interest of ensuring the link between planning and action.

Confirmation of Fisheries Management Responsibilities

Fundamental to a shared national vision for fresh waters is confirmation of roles and responsibilities for freshwater fisheries management.

Delegated management in whole for freshwater fisheries in Quebec, the inland provinces, and the Yukon Territory is an example of effective inter-governmental co-operation that provides a clear assignment of authority.

Formal agreements or delegation in part also contribute to the clear assignment of specific authorities. They include trout enhancement in Nova Scotia, New Brunswick, Prince Edward Island, sport fisheries in the Northwest Territories and non-Pacific salmon fisheries in British Columbia. Further changes would require clarification of a number of policy and program issues, and are not proposed at this time.

Land claims settlements in Quebec, Nunavut, the Northwest Territories and the Yukon provide specific roles and responsibilities for public management boards in the management and protection of freshwater fish resources and their supporting habitats.

In Newfoundland, DFO delivers the full federal mandate for fisheries management.

The roles of the federal and provincial governments with respect to freshwater issues involving Aboriginal groups remain a matter of debate. The federal position is that provinces, because of their responsibility for managing freshwater fisheries, have the resulting responsibility to ensure that fisheries management is conducted in a manner consistent with any Aboriginal and treaty rights.

Recreational Fisheries

The DFO role in recreational fisheries has evolved since the 1987 Canada's Policy for Recreational Fisheries was prepared. A new policy framework and an articulation of key policy objectives and priorities for recreational fisheries directly managed by the department is required, with emphasis on the resource conservation priority.

DFO is supportive of the national sport fisheries conferences and the national angling survey. New funding arrangements with provinces, territories and the angling community will be required to sustain these national initiatives.

DFO will fulfil co-ordinating commitments to the National Recreational Fisheries Working Group (NRFWG) through September 1999, at which time it is expected that the role will be taken on by another jurisdiction as part of the rotation among all participating governments.

DFO will review the action plan against its sport fish management policy framework to determine NRFWG implementation activities.

Community Watershed Management

Community Watershed Management (CWM) is of increased interest across Canada, for a variety of freshwater fisheries and fish habitat management needs.

CWM is consistent with the current role of DFO. The Department is redefining its relationship with all stakeholders in the Canadian marine and freshwater fisheries. It is now expected that resource users will assume a greater decision-making role in the management of fisheries and their supporting habitats, as well as a greater contribution to sustaining the resource from which they obtain benefits.

DFO is prepared to consider proposals for CWM arrangements for recreational fisheries throughout Atlantic Canada. A major community watershed management planning initiative is underway in the Pacific Region. Other variants and applications, such as community based management in the Canadian Arctic, are also proceeding.

Clearly, there are both potential benefits and challenges for government in implementation of CWM initiatives. Fundamental to this process is actively involving users in the decision making and management process while balancing overall responsibilities for conservation and the public interest.

Freshwater Fish Marketing Corporation

The Freshwater Fish Marketing Corporation (FFMC) is a federal crown corporation established under the Freshwater Fish Marketing Act (FFMA) in 1969. The government adopted measures in 1995 to provide a balance between those seeking changes to the FFMC and the majority of fishers who support single desk selling.

The FFMC's operations and mandate will continue to be scrutinized and challenged. The future of the FFMC will likely be influenced by its performance, its acceptability by fishermen, the participating provinces and territory, and the aboriginal community. There will be important impacts from policies of the provincial and federal governments, in particular with respect to fisheries management and the development of alternative economic opportunities in remote, aboriginal communities.

Sea Lamprey Control

The 1955 Convention on Great Lakes Fisheries, which created the Great Lakes Fishery Commission (GLFC), is a bi-national agreement affirming the need for Canada and the United States to collaborate on the protection and the perpetuation of the Great Lakes' fisheries resources. The Convention charges the commission with five major duties, including formulating and implementing a comprehensive sea lamprey control program for the control of the exotic sea lamprey on important fisheries resources.

During 1995, the Canadian federal budget for lamprey control was eliminated as part of the federal Program Review. Since then, the Minister of Fisheries and Oceans has renewed DFO's commitment to the program and restored funding on an interim basis.

DFO recognizes that long-term funding of the Sea Lamprey Control Program must be resolved. There are, however, international and federal-provincial aspects to this issue, and it would be inappropriate for DFO to commit to a particular level of funding before consultation on funding options have run their course.

Fish Habitat Management

DFO, in co-operation with the provinces and territories, wishes to work together to provide a high level of habitat protection and improve regulatory consistency. This could involve delegation of certain fish habitat management responsibilities to inland provinces. Delegation is not planned at this time where DFO manages fisheries responsibilities.

The federal government will continue to set national standards for fish habitat management; conduct scientific research to provide information for the conservation, restoration and development of fish habitats; and promote and encourage the participation of the public and private sectors and other interests in integrated resource planning and conservation of fish habitats, as articulated in the department's Policy for the Management of Fish Habitat.

Navigable Protection Waters Act

DFO intends to amend the Navigable Waters Protection Act (NWPA) in the future. The NWPA requires updating in light of increased and competing uses of waterways. There is a need to modernize and streamline the Act and to reduce the administrative burden for all parties. The public will be invited to comment on this initiative at the appropriate time.

Introductions and Transfers of Aquatic Organisms

DFO recognizes the federal government's national and international commitments to protect and conserve biological diversity. Consequently, there is a need for a standardized approach to risk assessment of introductions and transfers.

DFO is currently developing, in consultations with the provinces, territories and the aquaculture industry, a National Policy on Introductions and Transfers of Aquatic Organisms.

Exotic Aquatic Species

Exotic organisms unintentionally introduced and that cause or have the potential to cause harmful effects to native bio-diversity, fish habitats or the well being of native aquatic species are a concern. With the exception of ballast water, there is little in the way of legislation that specifically controls the accidental introduction of exotic organisms into Canada.

Statutory authority for a ballast water management program for prevention was contained in recent amendments to the Canada Shipping Act. Bill C15 received Royal Assent on June 11, 1998 and Governor-in-Council authority to regulate ballast water came into force on Oct 31, 1998. Regulations will be written to require effective ballast water management techniques. However significant research is required to study both the safety aspects and the effectiveness of ballast water management prior to such regulations coming into force.

As a first step in the regulatory process a working group on ballast water was established Nov 4, 1998 under the aegis of the Canadian Marine Advisory Council (CMAC). This working group will be the primary focal point in the development of any new ballast water regulation.

DFO will continue research on the ecological impacts of exotic species.

Freshwater Science

DFO conducts a wide variety of freshwater research in support of its responsibilities for the protection and conservation of fish and fish habitats for species supporting fisheries: one notable distinction is that the department does not undertake research to support fisheries management conducted under delegation arrangements. Work also meets commitments to international and regional initiatives. Examples of this work include environmental science for habitat conservation, restoration and enhancement activities, studies of the role of physical fish habitat on fish production, and stock assessment and research of anadromous and diadromous fish species in coastal areas.

The department will continue to provide science support for fisheries management where DFO directly manages the fisheries, in the context of greatly reduced budgetary resources available following Program Review. Freshwater science support of DFO's habitat management and the provision of expert advice in support of the Canadian Environmental Assessment Act (CEAA) will also continue in all regions. In Ontario, DFO will support GLFC funded research into non-chemical methods of controlling sea lamprey.

Boating Safety

The boating community is placing increased demand for services at all government levels and has displayed an interest in becoming involved in defining services and regulatory initiatives appropriate to their needs.

The CCG's Office of Boating Safety will continue to develop boating safety partnership projects to ensure effective program delivery.

Small Craft Harbours

The Small Craft Harbours Branch (SCH) administers a network of public harbours in support of the commercial fishing industry and transient boaters.

Of major significance for fresh waters is that the program is divesting its recreational harbours and inactive/derelict fishing harbours. Also important is the progressive establishment at active fishing harbours of client-run Harbour Authorities who assume the management and day-to-day operation of the harbour in a partnering arrangement with the department.

Boundary and Trans-Boundary Initiatives

DFO Policy, Fisheries Management, Science, and CCG programs contribute to aspects of Canada's obligations for boundary and trans-boundary issues.

DFO will continue to have a role in boundary and trans-boundary matters, protecting Canada's interests and meeting its obligations to the international community under formal treaties and agreements.