Freshwater Initiative

Introduction

Fresh water plays an important role in Canada's environment, society, and economy. Marine transportation in the Great Lakes and St. Lawrence Seaway is essential to maintaining Canada's economic health and competitiveness, and provides an efficient system of moving freight. Freshwater commercial fisheries and aquaculture operations generated close to $100 million of landed value in 1995. The recreational use of fresh waters for fishing, boating, or other uses generates significant benefits, both economic and social. In terms of economic impact, recreational fishing alone generates over $4 billion annually in expenditures. Canadians value the benefits of the environment, and fish habitat protection is integral to the maintenance of these benefits.

The Department of Fisheries and Oceans' (DFO) responsibilities and programs for fresh waters are shared with provincial and territorial governments, as well as with other federal agencies. The multi-jurisdictional nature of freshwater resources leads to a relatively complex management system.

The May 1998 meeting of the National Conference of Fisheries Ministers (NCFM) 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. The NCFM underscored the need to confirm federal and provincial and territorial roles, and identified benefits in a renewed understanding of the national vision, role, issues, goals, objectives and approaches to freshwater fisheries. At that meeting DFO agreed to lead, in partnership with the provinces and territories, in the development of a freshwater fisheries initiative.

The Federal Perspective

The Department of Fisheries and Oceans legislated mandate in fresh waters stems from the Constitution Act, the Department of Fisheries and Oceans Act, the Fisheries Act, the Canada Shipping Act, the Navigable Waters Protection Act, and the Fishing and Recreational Harbours Act. These acts give DFO the mandate in fresh waters for:

• management and control of the fisheries;
• conservation, protection, restoration and enhancement 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
• provision of public harbour infrastructure in support of commercial fishing and transient boating.

The application of DFO's mandate in freshwaters is refined by DFO Policy e.g. the 1986 Policy for the Management of Fish Habitat, and formal agreements with provincial and territorial governments and other 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 are somewhat complex, shared stewardship of freshwater resources results.

Two recent actions at the federal level reinforce the importance for DFO of a review of roles and responsibilities on its involvement in fresh waters. First, the 1995 merger of DFO and Canadian Coast Guard significantly increased DFO's freshwater responsibilities and programs. Second, under DFO's 1995 Program Review plan, reductions were made to national programs and their freshwater components, and to some specific freshwater programs in provinces where DFO does not directly manage fisheries resources. Although components of national programs are being reduced according to the Program Review plan, proposed changes to freshwater programs have been re-evaluated and some originally planned reductions have been modified. Against this back drop of change and the multi-jurisdictional nature of fresh water, clients, partners and stakeholders are asking the department to clarify its role in this area.

There are also government wide forces that have affected the evolution of the department's role in fresh waters. These are outlined in the discussion document, Towards a Federal Freshwater Strategy (July 1998). They include changing governance, fiscal reforms, federal-provincial harmonization and cooperation, and the growing complexity of freshwater issues internationally.

The roles and responsibilities of the federal government in fresh water have evolved in a number of fundamental ways, resulting in changes in the business of the federal government, and how it conducts that business. To summarize the discussion paper, the federal government is withdrawing from certain activities; focusing on its core responsibilities, strengthening partnerships with provinces, communities, non-governmental organizations, and the private sector; and adopting innovative methods of alternative service and program delivery.

Provincial-Territorial Perspectives

Provincial and territorial ministers requested a clear enunciation of DFO's role in freshwater at the October 1997 NCFM meeting. They sought clarification of DFO's freshwater strategy and specifically of DFO's role in freshwater habitat, science, recreational fishing (programs and surveys), international program support (e.g. sea lamprey control), and funding between freshwater and marine programs.

The request for clarification was again discussed at the NCFM meeting in May 1998, with Provinces and Territories looking for progress or resolution on this subject. Manitoba tabled a brief, on behalf of the Provinces and Territories, encouraging DFO to initiate a strategy on freshwater fisheries that would permit a clearer understanding of the national vision, role, issues, goals, objectives and approaches to freshwater fisheries.

Manitoba suggested such a strategy should also clearly define the provincial and territorial roles in the management of freshwater fisheries. In turn, it was envisaged that "jurisdictional sub-strategies" could be developed reflecting the diversity of administrative structures, resources, priorities, needs and opportunities among provinces and territories, and these in turn would provide direction and a framework for a series of negotiated agreements and co-operative frameworks on freshwater fisheries.

Manitoba also suggested initial agreements could focus on issues related to changes in the Fisheries Act, habitat delegation, freshwater fishery science, aquatic introductions and transfers, and freshwater recreational fishing. Subsequent agreements requiring federal participation such as conservation and international issues would follow.

NCFM subjects of primary interest have been fisheries and fish habitat management, although, on occasion topics relating to other aspects of the DFO mandate are raised. For the latter, the Provinces and Territories do participate in other DFO consultation mechanisms, such as the Canadian Marine Advisory Council.

Purpose

This discussion document fulfils the DFO commitment to the May 1998 NCFM. It is organized into three main parts:

• DFO freshwater roles and responsibilities;
• Freshwater principles, objectives and goals;
• Major freshwater issues and directions.

This work provides the federal contribution, and a building block, for a renewed national vision for fresh waters. Provinces and Territories will have the opportunity to prepare a corresponding statement of their roles and responsibilities. Opportunities to advance a national initiative should follow.

Geographic Scope

This discussion document examines DFO activities in non-tidal waters, including major non-tidal activity in the management of anadromous and catadromous species and their habitat. There are difficulties in defining freshwater boundaries within estuaries having fluctuating salinity and reduced tidal influence. In order to proceed, the geographic scope of freshwater was defined in accord with the general statement on inland waters from the Maritime Provinces Fishery Regulations:

"All waters that are upstream of the low-water mark at the time of low water as set out in the Canadian Tide and Current tables published by the Department."

DFO Regions applied this generic definition to their specific circumstance and practice e.g. Pacific Region defined freshwater as being river waters upstream of an imaginary line drawn from headland to headland.