Fish Habitat Protection
http://fr.ottawariverkeeper.ca/impacts/49 - Wednesday, May 27, 2009
Can we trust our federal government with this important job? 
Earlier this month, Scott Vaughan, Commissioner of Environment and Sustainable Development, released a scornful report concluding that the federal government is not adequately protecting fish habitat, or adhering to the requirements outlined in the federal Fisheries Act. The audit examined how both Fisheries and Oceans Canada (DFO) and Environment Canada (EC) carry out their respective responsibilities for fish habitat protection and pollution prevention under the Fisheries Act.
At Ottawa Riverkeeper, the news didn’t come as a surprise – not even a small surprise. Year-after-year, I have witnessed first-hand our governments’ lack of collaboration, follow through and progress on protecting fish habitat. Sadly, on the Ottawa River, the impacts of Fisheries Act violations are evident and are getting worse as the years pass. As fish populations continue to decline (notably American Eel and Sturgeon), can we believe or trust the Department of Fisheries and Oceans when they tell us they are adequately conserving, protecting and enhancing fish habitat that sustain the fisheries resources that Canadians value? According to Scott Vaughan, the answer is no.
Over the years I’ve come to recognize that DFO’s “no net loss policy” does not always work in favour of our natural aquatic ecosystems that are ultimately being altered by dams, the dumping of industrial and municipal wastewater and mining wastes, shoreline alterations and the destruction of significant wetlands and tributaries. I’ve seen many projects that significantly alter or destroy fish habitat yet fail to adequately compensate for the losses. The mitigation projects that are being used to justify habitat loss (these are typically required as a condition for project approval) are rarely monitored and in cases I’ve followed, sometimes not even implemented. How do we even know if there is net gain or net loss of habitat? We don’t.
According to the audit, DFO does not measure habitat loss or gain. It has limited information about the state of fish habitat across Canada—that is, on fish stocks, the amount and quality of fish habitat, contaminants in fish, and overall water quality.
Year-after-year Canadian organizations working tirelessly to protect lakes and rivers have asked DFO and EC for better enforcement of their regulations. Unfortunately DFO has reduced enforcement activity by half across Canada and at the time of the audit had not yet hired habitat monitors to offset this reduction.
With such a dire lack of enforcement, many organizations have taken the law into their own hands. Fraser Riverkeeper Doug Chapman has gone above and beyond his civic duty to protect fish habitat in Canada. He has investigated and prosecuted several cases where poorly treated sewage was killing fish. However, it is rare that organized groups have the capacity to bring these cases to the courts of law. Canadians are constantly pleading with our federal regulators to enforce their laws and take action.
Why care about fish habitat?
If you think fish habitat isn’t important, think again. Healthy fish habitat is a fundamental requirement for more than just fish – it provides food and shelter for aquatic and terrestrial wildlife and contributes to better water quality for human consumption and recreation. We are all connected through our waterways and we should pay attention if fish are dying in our lakes and rivers. Chances are high that if we are poisoning our fish, we are slowly poisoning ourselves.
Concerns for the future
It is encouraging that the Environmental Commissioner has reported thoroughly on this ongoing and long standing challenge of protecting and conserving fish habitat across Canada. However, I have seen no recent action from our Federal government that gives me reason to be optimistic about the future of our Canadian fisheries.
Since the 2009 Federal Budget was passed, it seems our leaders are bent on environmental deregulation and “streamlining” project reviews to speed up development and infrastructure projects. Just today I learned that the recent changes to the Navigable Waters Protection Act will allow our government and the company Vale Inco Hydromet to destroy a small lake in Newfoundland.
According to Transport Canada, access to this lake (Sandy Pond) is difficult and boating on the lake has been “limited”. Given that the lake is not a source for drinking water and it is remote, the regulators have agreed that it is a good place to dump mining wastes (approximately 381 000 tonnes per year).
People from near by communities have expressed concern about the disposal of residue into a natural fish-bearing lake and have suggested that the proponent construct a man-made storage facility. It seems that the Feds are empathetic toward the proponent’s pleas: the construction of a man-made facility is not economically feasible for this proposed development. Canadians will ultimately subsidize this mining company’s operations by giving up a lake to hold its toxic wastes. And our government will continue on its well trodden path and continue to justify more fish habitat destruction.
Getting back to the Navigable Waters Protection Act … the recent amendments will allow the Transport Minister to exempt the waters of Sandy Pond from section 22 of the NWPA. Section 22 prohibits the dumping of material into a navigable waterway. Stories like this make it clear that collaboration between DFO, EC and Transport Canada are critical. With exemptions being made in favour of destroying fish habitat, DFO has got a long way to go to live up to their “no net loss” policy.
A better way
Understanding our mistakes creates the path towards a plan for positive change. In light of Scott Vaughan’s comprehensive report, and based on our ongoing understanding of fish habitat protection deficiencies, it’s clear that something needs to be done. The federal Fisheries Act is Canada’s most important legislation to protect our waters from pollution. A faulty strategy for fish habitat protection is unacceptable, and puts our ecosystems, environment, heritage and communities at risk. There must be a better way. One thing is clear to me: we need groups like Ottawa Riverkeeper to patrol our waters and investigate pollution. Collaboration and participatory decision-making is essential for the protection of our river and our communities.
Read the Commissioner’s full report
Meredith Brown
Riverkeeper and Executive Director, Ottawa Riverkeeper
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