Fisheries Act (B.C.)

Under the Constitution Act, 1867, the federal government has the responsibility for “seacoast and inland fisheries.”  Consequently the major tool for protecting fish and fish habitat is the federal Fisheries Act. 

However, although the Constitution gives control of fisheries to the federal government, the province controls ownership of fish in its rivers and lakes – the inland fisheries.  Consequently, the province, through its Ministry of Agriculture, Food and Fisheries, plays a key role as well under B.C.’s Fisheries Act.

The B.C. Fisheries Act is primarily concerned with regulating the fishing industry, rather than protection of fish habitat.  Under the fishing Act licences are required for:

·         Fishing in provincial waters;

·         The processing of fish or aquatic plants;

·         The operation of fish buying stations;

·         The construction and operation of fish farms or other aquaculture operations; and

·         The Harvesting of kelp.

Fisheries Act and Fish Habitat

The B.C. Fisheries Act, unlike its federal counterpart, provides little protection for fish habitat.  Some powers are provided in separate legislation, such as the Fisheries Protection Act. 

The Fisheries Act does provide some powers that can be used to ensure that dams and other hydraulic projects leave sufficient water for migrating fish.  The provincial cabinet may designate a river as being subject to these water-management provisions of the Act.  If it does any person constructing a dam or other hydraulic device on the river will have to:

·         submit to the Minister plans for fish passages and other devices that will allow fish to pass the obstruction (to the satisfaction of the Minister);

·         obtain the Minister’s notification that the construction will not endanger fish life;

·         construct fish passages and other devices as required by the Minister as part of the dam or other device;

·         divert sufficient water during the life of the project to ensure that the fish protection devices operate properly; and

·         provide such fish screens and other devices as the Minister requires to prevent fish from entering diversions that would endanger them.

To date, however, the provincial cabinet has not designated any rivers as being subject to these rules. 

In addition, the Act affirms the cabinet’s power to spend money on fish habitat enhancement, but does not require the government to do such enhancement.

Aquaculture

As noted above, the B.C. Fisheries Act requires licences for aquaculture operations.  Unfortunately, however, there are no explicit requirements that environmental factors be considered granting a licence.  For aquaculture licences anchored to the bed of a bay, inlet or lake a second licence to occupy the bed (which is provincially owned) will also be required under the Land Act.  

In addition, the provincial cabinet has passed an Aquaculture Regulation under the Fisheries Act.  The Regulation requires that:

·         precautions be taken against the release of farmed fish or plants into the environment;

·         any escape of farmed fish be reported to the manager of aquaculture (in the Ministry);

·         records, including an inventory of farmed fish, repair records, records of drug use, etc., be maintained;

·         staff working at an aquaculture operation be appropriately trained; and

·         drugs be used according to the federal Food and Drugs Act or the prescription of a veterinarian.

The Regulation also provides a more detailed set of standards that will be expected of the aquaculture industry. 

 

Related Guide Pages:

·         Aquaculture

·         Fish and Fish Habitat

·         Fisheries Act (Canada)

For more information about the B.C. Fisheries Act:

·         Electronic version of the B.C. Fisheries Act. 

·         Fisheries and Aquaculture Reports from the Ministry of Agriculture, Food and Fisheries.

·         Leggatt Inquiry Report – The Report of a public inquiry on aquaculture in B.C. initiated by the David Suzuki Foundation.