Fish-protection laws should be beefed up: parliamentary committee

Author(s): Kent Spencer 

Media Outlet: Vancouver Sun 

Bulldozers would no longer be allowed to plough through B.C. streams without triggering fish-protection provisions, says fish expert Otto Langer, provided that recommendations made Friday by a parliamentary committee become law under the Trudeau government.

Among the recommendations, from a Fisheries and Oceans standing committee, is one that says fish that are harmed — and not killed — would be safeguarded; Langer said adoption of the recommendations would restore wording in the Fisheries Act that was taken out by the Stephen Harper government in 2012.

“The committee made some safe recommendations yet compromised on others,” said Langer, a former senior biologist for 32 years with the DFO.

Almost three dozen suggestions were made that will form the basis of government action during its promised review of the 2012 Fisheries Act. 

Another recommendation from the committee would ensure that significant investments are made to hire more enforcement personnel to protect habitat.

The need for enforcement was made clear by fisheries staff during a series of 10 meetings with the committee last year. Associate fisheries minister Kevin Stringer said “the overall complement of fish protection personnel” dropped from 450 to 280 in 2012.

Otto Langer is a former long-time senior biologist with the Department of Fisheries and Oceans. IAN LINDSAY /PNG FILES

“Enforcement was not occurring,” Linda Nowlan, staff counsel for West Coast Environmental Law, told the committee. She said “it appears not a single charge” related to the Conservatives’ new protection language was laid since the amendments came into place in 2013.

Langer said the proposed changes would have an effect on the salmon-bearing Fraser River, where the “DFO seems to have disappeared.” He said major projects such as an LNG terminal, a jet-fuel delivery plant and the new 10-lane Massey tunnel replacement bridge were not given federal environmental reviews which would have assessed aquatic conditions.

“The recommendations are a good start, but next month’s budget will show if additional funds are made available to hire fisheries officers,” said NDP MP Fin Donnelly (Port Moody-Coquitlam).  

Other committee recommendations included more funding for ecosystem science and a reduced reliance on self-assessments by project proponents.

Langer explained how the bulldozer example would produce different outcomes under the Harper era, which stressed “serious harm” and “destruction” to fish, than under the traditional wording which used a lower threshold called “harm” to fish. 

“Harper’s wording meant the bulldozer would have to cause permanent damage to trigger fish-protection legislation,” Langer said.

Liberal MP Ken Hardie (Fleetwood-Port Kells) said the committee tried to retain the best of the Conservatives’ changes.

“There is a new regime which isn’t as onerous if a bridge is going to be replaced. You shouldn’t have to go through an assessment. Before the Conservatives’ changes there were something like 3,000 public projects waiting in the queue. That’s unnecessary,” he said.

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