Request for regulations under the Fisheries Act for managing riparian areas

Petition: 504

Issue(s):  Biological diversity; Compliance and enforcement; Corporate social responsibility; Fisheries; Water

Petitioner(s): A Canadian organization

Petitioner location(s): Parksville, British Columbia

Date received: 17 April 2024

Status: Completed—Response(s) to petition received

Summary: The petition raises concerns over the lack of regulations in the Fisheries Act for the management of riparian areas along the Englishman River on Vancouver Island. The petition states that riparian areas are transition zones between water bodies and the upland terrestrial environment. The petition claims that the lack of regulations is undermining the Englishman River Watershed Recovery Plan, the efforts of stewardship and conservation groups, and the fish habitat protection provisions in the Fisheries Act itself.

The petition claims that riparian areas complete several important functions including water filtration, temperature regulation, and habitat creation and that salmon depend on these areas for spawning and rearing. The petition asks how Fisheries and Oceans Canada ensures salmon and salmon spawning and rearing habitats in the Englishman River are protected under the current regulations of the provincial government.

The petition outlines science-based recommendations for managing riparian areas that were released by Fisheries and Oceans Canada, questions why they have not been made into regulations under the Fisheries Act, and urges the department to do so. It also urges the department to prohibit selective logging in these areas. The petition claims that British Columbia’s Private Managed Forest Land Regulation allows for riparian reserves to be much narrower than those recommended by Fisheries and Oceans Canada and that selective logging is allowed within these areas. The petition asks whether the practice of selective logging within riparian areas constitutes harmful alteration and disruption of fish habitat under section 35(1) of the Fisheries Act. The petition additionally questions how Fisheries and Oceans Canada determines that timber harvesting has not caused a release of sediment that has harmed salmon spawning and rearing habitat.

Federal departments/organizations responsible for reply: Fisheries and Oceans Canada