2022-12-15 Fisheries Act CE WCEL submission

This submission responds to the Position Statement on the Consideration of Cumulative Effects on Fish and Fish Habitat in Support of Decision-Making under the Fisheries Act (the “Position Statement”) prepared by the Fish and Fish Habitat Protection Program (FFHPP). [...] Summary of key points in this submission • The scope of the Position Statement is inadequate in fulfilling the legal requirement in the Fisheries Act to consider cumulative effects because the Position Statement is limited to deciding whether to issue authorizations; • A specific review period be set for the Position Statement, accompanied by a transparent monitoring process to understand whether. [...] The scope of application of this legal responsibility was recognized by DFO in 2019 Fish and Fish Habitat Protection Policy Statement [emphasis added]: Subsection 34.1(1) of the Fisheries Act sets out factors that the Minister must consider when exercising his or her authority under the fish and fish habitat protection provisions of the Fisheries Act. [...] These authorities include: o recommending the making of a regulation to the Governor in Council; and o making decisions related to the fish and fish habitat protection provisions of the Fisheries Act, such as: o the issuance of authorizations or permits related to the death of fish or the harmful alteration, disruption or destruction of fish habitat; o the making of orders respecting obstructions. [...] The Position Statement does not address how the Minister will consider cumulative effects: o when making regulations (despite the fact that regulations to implement the 2019 amendments to the Fisheries Act are concurrently being developed and implemented); o when making of orders respecting obstructions and the passage of fish and flow of water; or, o when ordering the modification, restriction or.