RECREATIONAL FISHERIES IN CANADA
An Operational Policy Framework
TABLE OF CONTENTS
- INTRODUCTION
- THE LEGISLATIVE MANDATE
- ROLES AND RESPONSIBILITIES
- GUIDING PRINCIPLES FOR RECREATIONAL FISHERIES
A new focus, emphasizing partnership, citizen-engagement and community
stewardship is shaping Fisheries and Oceans' Recreational Fisheries Policy for
Canada. These themes are a reflection of the important place that recreational
fishing occupies in the country's economic and social fabric.
Recreational fishing makes a valuable contribution to both the quality of
life and the economic development of our communities. The 1995 Survey of
Recreational Fishing in Canada shows recreational fishing in Canada to be a $4.9
billion socio-economic activity per year. This presents an opportunity to
directly engage citizens in fisheries resource management and, on a broader
scale, to promote public awareness about conservation and the sustainable use of
valuable fishery resources.
Over the last decade, Fisheries and Oceans has re-focused its priorities,
streamlined its activities, and established new collaborative arrangements with
other levels of government, the private sector, and stakeholders. The new Canada
Oceans Act, legislated land claim settlements and recognition by the courts of
Aboriginal rights and treaty rights regarding fishing activities have lent
significant guidance to Fisheries and Oceans in the development of a new
operational policy framework for recreational fisheries.
The framework was developed to provide a clear statement of Department of
Fisheries and Oceans' roles and responsibilities in recreational fisheries, and
to provide strategic guiding principles to govern how the Department will
exercise its roles and responsibilities. In particular, the framework provides a
clear point of departure for the Department of Fisheries and Oceans to undertake
cooperative initiatives with other stakeholders.
The framework is built on the legislative mandate of Fisheries and Oceans, a
description of which is provided in this document. Summaries of the provincial
and territorial responsibilities for the management of recreational species and
the roles and responsibilities of Fisheries and Oceans are also included, as is
an outline of the Department's contribution through management programs and
activities.
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Federal Legislative Mandate
The federal government is given exclusive legislative authority for "Seacoast
and Inland Fisheries", including protection for fish habitat under Subsection
91(12) of the Constitution Act, 1867. Fisheries and Oceans' mandate, its powers
and its responsibilities are further set out in the Department of Fisheries and
Oceans Act, the Canada Oceans Act and the Fisheries Act and Regulations.
Provincial Jurisdiction
Under Section 92 of the Constitutional Act, 1867, provinces have exclusive
jurisdiction over matters dealing with "property and civil rights" and the
"management of public lands" and generally all matters of a merely local or
private nature in the Province.
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Provinces and Territories
A complex mix of federal, provincial and territorial legislative and
management responsibilities for recreational fisheries has evolved over time.
These responsibilities are based on judicial interpretations, as well as
specific federal/ provincial/territorial agreements and Memoranda of
Understanding. With respect to freshwater species, provinces and territories are
generally responsible for: management of freshwater species (where delegated),
licensing, enforcement, industry promotion and marketing. A summary of
provincial and territorial responsibilities for the management of recreational
species is presented in Table 1.
The different approaches to recreational fisheries management across Canada
reflect the diversity of regional needs. Where provinces express an interest,
and where appropriate, the federal government will continue to pursue delegation
agreements for the management and enforcement of freshwater fisheries. These
agreements will respect the federal government's obligations and
responsibilities with regard to fish habitat management.
Table 1 - Provincial/Territorial Responsibilities for the
Management of Recreational Species
Province/Territory |
Management Responsibilities |
Newfoundland |
Federal government manages marine and freshwater fisheries.
Province of Newfoundland is responsible for licensing of freshwater
fisheries. |
Northwest Territories, Nunavut |
In Nunavut and the NWT, co-management boards have responsibility for
fishery allocations in their respective areas and advise DFO on
conservation, fishery management and science activities. Nunavut and NWT
administer sportfish licensing under an Order-in-Council. |
New Brunswick, Nova Scotia,
Prince Edward Island |
Federal government manages anadromous, catadromous and other marine
species.
Provinces manage and license freshwater species. Provinces also license
anadromous species fished in inland waters. |
Quebec |
Province manages and licenses freshwater, anadromous and catadromous
species.
Federal government manages other marine species. |
Ontario, Manitoba, Alberta |
Federal government manages marine species in Ontario and Manitoba.
Provinces manage and license freshwater species. |
Saskatchewan |
In 1995 the province enacted the Saskatchewan Fisheries Act and
Regulations under which the province makes all day-to-day legislative
fishery amendments, except for Aboriginal fishing and fish habitat
protection which are covered by federal legislation. |
British Columbia |
Federal government manages salmon in marine and freshwater, and licenses
in tidal waters. The Federal government also manages and licenses non-
salmon fisheries in tidal waters. The Province manages and licenses
freshwater species and licenses inland salmon sportfishing. |
Yukon |
Territory manages freshwater fisheries. Federal government manages
marine fisheries. |
Note:
- Because the federal government has legislative authority for inland
fisheries, provinces and territories, except Saskatchewan, forward all
recommendations for amendments to regulations under the Fisheries Act (e.g.,
quotas, seasons, close times, gear, etc.) to Fisheries and Oceans to obtain
Governor-in- Council approval. Where provinces issue licences, they retain the
fees collected.
Federal
Although responsibility for managing freshwater fisheries is held by some
provinces and territories through administrative agreements, the federal
government remains accountable for the management of fisheries, including:
- responsibility for managing marine recreational fisheries on all coasts
(this involves this involves policy and legislative framework development,
licensing, stock assessment, enforcement and monitoring); and
- responsibility for the management of fish habitat in Canada's fresh and
marine waters.
See Table 2 for a summary of the Fisheries and Oceans
management programs and activities supporting recreational fishing.
Other Federal Departments and Agencies
Other federal government departments and agencies, particularly those
responsible for tourism and regional economic development programs, also have an
impact on recreational fishing. Industry Canada, the Canadian Tourism
Commission, Western Economic Diversification, the Atlantic Canada Opportunities
Agency and the Agency for Canada Economic Development for Quebec Regions all
play a role in the well-being of Canada's recreational fisheries.
Table 2 - Contribution by Fisheries and Oceans Canada to
Recreational Fishing in Canada
![Table 2 - Contribution by Fisheries and Oceans Canada to Recreational Fishing in Canada](/web/20071115185312im_/http://www.dfo-mpo.gc.ca/communic/fish_man/opera/images/Table2_e.jpg)
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Five principles will guide Fisheries and Oceans in its task to develop and
implement recreational fisheries policies, programs and initiatives.
1. Recreational fishing is a socially and economically valuable and
legitimate use of fishery resources.
Over five million anglers enjoy recreational fishing in Canada-in many ways,
in all seasons and in all areas of the country. Sport fishing gives Canadians
access to their land and its rich natural environment. It is also important for
the $4.9 billion economic activity it generates each year in our communities,
whether through tourism, recreational industries or other activities. In this
context, Fisheries and Oceans must ensure fishing opportunities are provided to
all fishermen-commercial, Aboriginal and sport. The Department's resource
management policies must consider access for recreational purposes.
2. Fisheries and Oceans is responsible for providing sustainable
recreational harvesting opportunities as part of integrated management plans
consistent with its policies.
Conservation is the first priority. Fisheries and Oceans must actively
deliver on its conservation mandate and must collaborate with its provincial and
territorial counterparts to promote fisheries conservation in freshwater
fisheries. The effective implementation of conservation requires adopting a
precautionary approach and ecosystem-based management. It also involves
promoting a shared conservation ethic in conjunction with all stakeholders to
provide for sustainable harvesting opportunities and where required, protect,
restore and enhance fisheries resources and fish habitat. Securing vibrant and
robust fisheries resources is the cornerstone for sustaining recreational
fisheries and increasing the growth of this sport and its associated economic
activity.
At the same time, the Department's policy framework for recreational fishing
in Canada will be consistent with its constitutional and fiduciary
responsibilities to Aboriginal peoples, in both future agreements reached
between Aboriginal groups and the federal government, and existing treaty
obligations or Aboriginal rights. Access to recreational fisheries will be
managed through Integrated Fisheries Management Plans based on species-specific
and area-specific polices established by the Department; for example, New
Directions for Pacific Salmon and the Atlantic Fishery Policy Review. Further
consideration will be given to increased or priority access for recreational use
under the concept of "best use" of the resource, after obligations to First
Nations are met.
3. Recreational harvesters have responsibility for shared stewardship for
resource conservation and enhancement.
Governments and resource users must share responsibility for conservation and
for ensuring that fisheries resources are managed so that they benefit all
Canadians. The rights of future generations to similar or improved benefit are
also a responsibility of both government and resource users. To achieve these
aims, recreational harvesters and the sport fishing industry, which benefit
directly from a healthy resource, will be encouraged to partner with government
and to participate in the decision-making process to manage and protect the
resource and its habitat. Contributions to the cost associated with ensuring
such benefits are also necessary. These may take the form of access fees.
The opportunity also exists for the public to share responsibility for the
conservation, restoration and enhancement of the resource and its habitat
through community-based volunteer organizations involved in various stewardship
initiatives. These are organized at the national, provincial and local community
levels.
4. Mechanisms for federal/provincial cooperation in areas of shared
jurisdiction will be established and strengthened.
To successfully manage Canada's fisheries requires effective collaboration
among governments and with First Nations. Federal, provincial and territorial
governments each have responsibilities for different aspects of the conservation
and management of fisheries resources. In recognition of this, Fisheries and
Oceans makes the commitment to collaborate and to integrate respective efforts.
One example of how this can be done is through the Canadian Council of Fisheries
and Aquaculture Ministers working group on recreational fisheries and through
federal and provincial memoranda of understanding.
5. Fisheries and Oceans has a leadership role to coordinate policies/programs
with the federal government which relate to recreational fishing.
In its task to coordinate recreational fishing policies and/or programs,
Fisheries and Oceans will ensure that federal departments and agencies whose
policies have an impact on the recreational fishing sector are aware of the
sector's needs. The Department will also ensure that federal programs are
accessible to the recreational fishing sector.
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