British Columbia Guide to Watershed Law and Planning
/ --------
Search the BCGWLP WebsiteSitemap
--------

/HomeLinksGlossary of Related TerminologyHelp with the website
 
Click here to return to homepage Click here to return to homepage
   
  Fish Habitat

Fish and Fish Habitat

One of the most striking images in the public relations battle between environmentalists and logging companies is the fish bearing stream cut down to its bank.  Fish, and salmon in particular, are a potent symbol of concern for the environment in British Columbia. 

To understand the impact of development on different fish and aquatic species it is important to understand their life cycle and what their habitat needs are.  It’s not possible to discuss the biology of fish in any detail here, but broadly there are three main types of fish life cycles:

·         Fresh-water fish live their entire lives in fresh-water lakes or streams.

·         “Anadromous” fish are born in freshwater, but live most of their lives in the sea, but return to rivers to breed and lay eggs.  Salmon are the best known species of anadromous fish;

·         Marine fish are born and live their entire lives in an ocean environment. 

The threats to fish are many.  The following is not a complete list:

·         Water loss – If water bodies are drained or run dry the fish and other aquatic inhabitants of the water body will die;

·         Temperature – Fish, particularly at certain stages of their life cycle, may be vulnerable to increases in water temperature caused by reductions in water levels or the removal of shade from the banks of the river;

·         Siltation – Silt – sand or fine particles in the water – can choke fish or suffocate their eggs;

·         Pollution – Toxic chemicals in the water can kill fish directly;

·         Overfishing – Fish can, of course, be taken for food directly as well as indirectly;

·         Barriers to Migration – Anadromous fish need to travel between their fresh water birth places and the sea and back again.  Dams, river diversions and other human made developments can pose an insurmountable obstacle. 

The combination of these factors has led to a sharp drop in many fish populations. 

In response to crashes in fish habitat government and non-profit organizations have turned to fish habitat restoration and enhancement.  In addition, hatcheries and the release of salmon fry into B.C.’s rivers is aimed at repopulating depleted runs.  While these are important tools in some cases, there are concerns:

·         The possibility of habitat restoration can be used as an excuse for poor development that harms the habitat;

·         Aquatic habitat can be extremely complicated, and care should be taken that well-intentioned habitat enhancement does not create threats to species in the ecosystem that were not foreseen; and

·         Salmon and other fish which have evolved in a particular river or area will have their own genetic diversity that can be destroyed by introducing fish from another area. 

Rather than focusing on habitat restoration or enhancement, a watershed advocate should seek to prevent harm to fish habitat before it occurs.  Restoration will, of course, be invaluable if important fish habitat is destroyed.

Legislation about Fish and Fish Habitat

Under the Constitution of Canada the federal government is directly responsible for the management of fish and their habitat.  The single most important piece of legislation for protecting fish habitat is the Fisheries Act.  In addition to governing levels of fishing (for ocean going fish), the Fisheries Act has some strong protection for fish habitat against harmful alteration or the dumping of substances that hurt fish. 

The federal governments can also protect specific marine environments through Marine Protected Areas created under the Ocean Act.  Marine Protected Areas are to be identified as part of federal-government-led Integrated Management Planning.  There is also a federal-provincial Agreement on Fish Habitat Protection under which B.C. and the federal government can initiate Watershed-Based Fish Sustainable Planning. 

Internationally, the Canada-U.S. Pacific Salmon Treaty governs the allocation of salmon resources between Canada and the U.S.

The provincial government’s Fisheries Act is primarily concerned with licensing for fishing on in-land fisheries although it does require that fish protective devices be in place in any dam being constructed to ensure that fish will not be negatively affected by the dam. 

However, a number of other provincial laws protect fish habitat – both directly and through legislation aimed at ensuring water quality.  The provincial Water Act prohibits anyone from making a “change in or about” a stream or other water course unless he or she has government approval or is acting according to regulations under the act.  In addition, the Water Act allows the government to create “water reserves” to ensure that other water users leave sufficient water for fish.

The Fish Protection Act gives the provincial government powers to develop protections and recovery plans for “protected  rivers” and “protected fish populations”.  In addition, it requires local governments to develop “streamside protection bylaws” to ensure that development within urban areas does not harm fish habitat. 

Any major redevelopment of the shoreline may require an environmental assessment under the province’s Environmental Assessment Act.  If a project involves dredging, filling or other disturbance of more than 1 km of the shoreline or an area of foreshore and seabed of more than 2 hectares an assessment will ordinarily be required, although the Environmental Assessment Office could decide that an environmental assessment is not necessary even then. 

Fish habitat can sometimes be protected indirectly through legislation related to water quality or public health.  Some statutes that may be of interest include:

·         Drinking Water Protection Act – Powers related to the protection of drinking water. 

·         Forest and Range Practices Act – Provides setbacks for logging as well as for more stringent rules around watersheds designated by the provincial government has having high fisheries values; 

·         Utilities Commission Act and Water Utility Act – Gives the provincial government powers to regulate power projects (including dams) and water utilities. 

·         Waste Management Act – Regulates discharges of waste into the environment, including into water.

Related Guide pages:

·         Wildlife and Wildlife Habitat

·         Biological Diversity

For more information about Fish Habitat:

·         FishInfo BC – A joint project of BC Fisheries and Fisheries and Oceans Canada, this website can provide you with detailed technical information and maps about fish habitat near you.

·         Fisheries and Ocean’s Policy for the Management of Fish Habitat – See also their brochure entitled Guidelines for Achieving No Net Loss for a summary of Fisheries and Ocean’s expectations for development that could cause damage to fish habitat.

·         Last Call: The Will to Save Pacific Salmon – A Publication by Terry Glavin and published by the David Suzuki Foundation about what is needed to save the pacific salmon. 

·         Buck T. Suzuki Foundation – Not to be confused with the David Suzuki Foundation, the Buck T. Suzuki Foundation’s website has useful information and publications about a number of the threats facing fish and fish habitat.

·         Fact Sheets on Fish Habitat put out by the Central and Arctic region of Fisheries and Oceans Canada.

 

 
 
return to top
Site Info Disclaimer