Abstract

Abstract.—In Canada, freshwater fisheries and their habitat are managed through a combination of federal and provincial authorities that can be traced back to the enactment of the federal Fisheries Act in 1868. While the management of freshwater fisheries has largely been delegated to inland provinces through regulations passed under the Fisheries Act since the early 20th century, the responsibility for the protection of fish habitat under the Fisheries Act remains a federal responsibility. This chapter provides an overview of the legislative and policy context governing the management of freshwater fisheries and their habitat by providing a brief historical perspective, describing the policies that have been applied by Fisheries and Oceans Canada and summarizing the protection afforded to fish and fish habitat via the Fisheries Act and related policies as it currently exists. Obstructions to fish migrations and flow needs for fishes were identified in the late 1800s as threats to fisheries. Habitat degradation and loss were explicitly identified as important threats under the Fisheries Act beginning in 1977. Since then, federal roles, policies and practices took on increasingly broader scope in recognition of the evolving understanding of aquatic ecosystem function. Concern over other threats, such as aquatic invasive species, is mounting, and the cumulative effects of multiple stressors, compounded with the impacts of climate change remain a complex management challenge. The federal government continues to manage threats to fish and fish habitat; through a regulatory approach that prohibits any work, undertaking, or activity that results in the “harmful alteration, disruption, or destruction” of fish habitat. Management approaches to address habitat-related and other threats will continue to evolve. In some cases, new legislative, regulatory, and policy approaches will need to be developed. Provincial, territorial, and other levels of government, including co-management boards, responsible for developing planning and permitting regimes, will continue to play a key role in managing threats to aquatic ecosystems. The numerous factors that can affect freshwaters, however, result in the need for concerted and intentional coordination across, and between, all levels of government (including Indigenous governments), Indigenous rights holders, partners, and stakeholders. Only when these systems work synergistically will freshwater fisheries, and the waters that support them, be sustained into the future.

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