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Chapter 2
The Policy

2.1 Policy Objective

Net Gain of Habitat for Canada's Fisheries Resources

Increase the natural productive capacity of habitats for the nation's fisheries resources, to benefit present and future generations of Canadians.

Interpretation:

1. The Department of Fisheries and Oceans' long-term policy objective is the achievement of an overall net gain of the productive capacity of fish habitats. Progress toward this objective can be achieved through the active conservation of the current productive capacity of habitats, the restoration of damaged fish habitats and the development of habitats as depicted in Figure 1 and further described in this chapter. Increases in the productive capacity of fish habitats are considered to be possible for anadromous and certain freshwater and shellfish species in the short-term; but gains through habitat modification for strictly marine species will be more limited in most instances.
2. The habitat programs of the Department of Fisheries and Oceans, assisted by cooperative undertakings with other federal departments, provincial and territorial governments, private industry and non-government groups, will be administered to achieve this policy objective for the nation's fisheries resources through various protection measures and resource planning initiatives, as outlined in Chapter 3.
3. The strategies for achieving conservation and protection of habitat are described in further detail in the following chapters. Strategies for achieving the restoration and development goals are in the developmental stage, and the Department will cooperate with other agencies and the private sector in further expanding research, technology, and procedures that will contribute to the effective application of the net gain policy objective.
4. In accordance with the implementation strategies outlined in Chapter 4, this policy objective is applicable to all threats to the productive capacity of fish habitats, including water pollution, acid rain, biological agents, and any type of physical disruption.
5. Under the terms of a Memorandum of Understanding with Environment Canada, the Minister of Fisheries and Oceans continues to be legally responsible to Parliament for all sections of the Act. However, for Sections 36 to 42, Environment Canada administers those aspects dealing with the control of pollutants affecting fish. The Department of Fisheries and Oceans will cooperate with Environment Canada in the establishment of federal priorities for the protection of fish and their habitats from deleterious substances.

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2.2 The First Goal

Fish Habitat Conservation

Maintain the current productive capacity of fish habitats supporting Canada's fisheries resources, such that fish suitable for human consumption may be produced.

Interpretation:

1. The level of protection given to habitats under this goal will take into consideration their actual or potential contribution to sustaining the nation's fisheries resources, as defined in this policy, and in accordance with local fisheries management objectives, as described in Section 3.3.
2. Where there is a risk of potential damage to habitat, the Department will strive to prevent losses of natural fish production areas, in order to produce fish in perpetuity and to help maintain genetic diversity. This will contribute to the Department's fish production goals and reduce the costs associated with constructing and maintaining fish production facilities, and restoring damaged habitats.
3. In accordance with the Protection and Compliance Strategy explained in Chapter 4, the habitat provisions of the Fisheries Act will be administered and enforced to control the negative impacts of existing and proposed projects and activities that have a potential to alter, disrupt and destroy habitats. Sections 36 to 42 of the Act contain specific powers to control the release of deleterious substances into fish habitats and is administered by Environment Canada, in cooperation with Fisheries and Oceans, frequently in close collaboration with provinces.
4. There are limitations respecting the use of the Fisheries Act to control widespread activities on an ecosystem-wide basis, such as land use developments and the release of air pollutants. Notwithstanding these limitations, the Department will continue to cooperate with other agencies and other levels of government in an effort to implement integrated resource management procedures on an ecosystem basis.
5. In its efforts to control ocean pollution and the chemical contamination of fish and fish habitats, Fisheries and Oceans will continue to cooperate with and provide criteria for fisheries protection to provinces, territories and a number of federal departments, including Agriculture Canada, Environment Canada, Transport Canada, Energy, Mines and Resources, External Affairs, Indian and Northern Affairs, and the Canada Oil and Gas Lands Administration.
6. The Department will cooperate with and encourage provinces, territories and other land owners and managers, to identify unique and productive habitat areas and to include them within a network of protected areas for the production of fisheries and other natural resources. For marine areas, the Department will also consider taking direct action to establish sanctuaries for the preservation of living marine resources and associated habitats, consistent with fisheries management objectives and emerging federal government objectives for arctic marine conservation. The Department will also cooperate with and support conservation organizations in the promotion and establishment of protected areas consistent with this policy.

   

7. The conservation goal will be implemented using the no net loss guiding principle, as described in the next section.

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2.2.1 The Guiding Principle:

No Net Loss of the Productive Capacity of Habitats

Interpretation:

1. The no net loss principle is fundamental to the habitat conservation goal. Under this principle, the Department will strive to balance unavoidable habitat losses with habitat replacement on a project-by-project basis so that further reductions to Canada's fisheries resources due to habitat loss or damage may be prevented.
2. The principle applies to proposed works and undertakings and it will not be applied retroactively to approved or completed projects.
3. The principle is intended to guide departmental officials and other interested parties, and should not be interpreted as a statutory requirement to be met at all costs and in all circumstances. Professional judgement and common sense applied in an informed, cooperative environment by personnel experienced in habitat management, combined with supportive research, will achieve no net loss of productive capacity in the majority of cases.
4. The principle takes into consideration the habitat requirements of fish, in the context of site-specific evaluations, in order to avoid losses of habitats or habitat components that can limit the production of fisheries resources.
5. The principle may be applied on either a fish stock-specific basis, or on a geographic area basis, depending on how particular fisheries are managed and harvested. In cases where a mixture of stocks is fished, stock-specific application of the principle is important, for example, with most anadromous salmon. If the affected fish stocks and habitats are adjacent to Native communities, it will be important that any habitat replacement be undertaken in the immediate area to avoid any negative effects on Native fishing rights. In other circumstances, such as for resident freshwater species, the principle may be applied on a broader, geographic area basis, rather than on stock-specific management. Local fish habitat management plans, where available, will guide the application of the principle in specific cases.
6. Through the hierarchy of preferences and other procedures explained in Chapter 5, the principle offers flexibility in the search for solutions by both fisheries managers and the proponents of works and undertakings that may threaten fish habitats.
7. In addition to its application to physical disruptions, the principle will apply to proposed industrial and municipal liquid waste discharges that could degrade water quality and the productive capacity of fish habitats. This will be accomplished by careful site selection, combined with mitigation measures that incorporate best practicable technology, to avoid and control adverse effects. Compensation-in-kind is not a feasible option in cases involving liquid waste discharges.
8. Various other techniques, including those used to restore and develop habitat, may be employed by proponents to achieve no net loss and the conservation goal. In cases where the productive capacity of habitats is very high, no loss of habitat and no degradation of water quality will be permitted, in accordance with the local fish habitat management plan, wherever available.

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2.3 Second Goal

Fish Habitat Restoration

Rehabilitate the productive capacity of fish habitats in selected areas where economic or social benefits can be achieved through the fisheries resource.

Interpretation:

1. The productive capacity of habitat may be increased by the restoration of damaged fish habitats. This will complement the preventive approach provided for in the conservation goal and will contribute to the achievement of net gain of habitat for the nation's fisheries resources.
2. The biological components and chemical quality of water will be restored and physically disrupted habitats will be repaired, as described in the implementation strategy on habitat improvement.
3. This goal requires the continuing support of scientific research to discover and test new methods for restoring the productive capacity of fish habitats.

2.4 Third Goal

Fish Habitat Development

Improve and create fish habitats in selected areas where the production of fisheries resources can be increased for the social or economic benefit of Canadians.

Interpretation:

1. The productive capacity of habitats may be increased by manipulating naturally occurring chemical, physical, and biological factors, and creating, or providing access to, new spawning, rearing and food producing areas.
2. The objective of this goal is to generate national and regional economic and social benefits for Canadians, and to assist in achieving a net gain of habitat for fisheries resources.
3. This goal requires the continuing support of scientific research to discover and test new methods for increasing the productive capacity of fish habitats.

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