Feds urged to loosen fish habitat regs
By Jeff Nagel
Black Press
Aug 29 2006
B.C. business groups want Ottawa to modernize – critics say gut – the federal Fisheries Act to speed approval of new mines and work by loggers and farmers.
They say a long-overdue reform of the legislation that protects fish habitat is required so economic growth isn’t stunted.
“This is not about diluting environmental standards,’” said Jock Finlayson, Business Council of B.C. executive vice-president. “It is about modernizing a statute that is old and out of date.”
The proposed changes would see less regulatory scrutiny for “low-risk” construction and industrial activity near salmon streams.
They’re laid out in an industry position paper backed by the B.C. Chamber of Commerce and groups representing agriculture, mining, and forestry firms in the province.
A central plank is that proponents be guaranteed an answer within a fixed deadline on whether their projects will be approved.
Finlayson said that would be in line with B.C.’s environmental assessment process, which has time limits enacted in the 1990s under the NDP.
Mining Association of B.C. president Michael McPhie said that would help prevent recurrences of what happened with Redfern Resources’ proposed Tulsequah Chief mine in northwestern B.C. – it was studied for 12 years before finally getting DFO approval.
He said two dozen major mining projects are now in the approval process and delays that are typical now could put billions of dollars in investment in B.C. at risk.
Other proposed changes suggest Ottawa:
• Allow habitat disruption if it’s not actually “harmful,” rather than the current system in which any disruption automatically triggers penalties.
• Redraw definitions so substances aren’t considered harmful to habitat unless they’re deposited in high enough volumes and concentrations to “cause demonstrable harm to the aquatic environment.”
• Create an appeal mechanism so businesses are no longer “at the mercy of front-line regulators.”
• Make changes allowing it to delegate enforcement to the provinces.
The paper says DFO’s present zero-tolerance approach to pollution enforcement means companies are prosecuted “where there have been minor spills causing no harm whatsoever.”
The business groups also accuse DFO of selectively enforcing laws more stringently in B.C. than elsewhere in Canada.
The paper says DFO has an “unproductive attitude” and tends to automatically view company-hired habitat experts “with suspicion.”’
Sierra Legal Defence Fund staff lawyer Lara Tessaro called the document a “full frontal attack” on fish habitat.
“It’s a targeted strategic attack on everything in the Fisheries Act that protects our environment,” she said. “It would give industry free rein in our fish-bearing creeks and rivers.”
She said the measures would eliminate environmental assessments for work like gravel dredging.
“We agree there are delays and uncertainty for proponents,” Tessaro said. But she maintained that’s because DFO doesn’t have the staff and resources to consistently and properly enforce the law.
“The answer to that is not to weaken laws, but to ensure government is there on the ground, assisting industry with the process.”
Tessaro said DFO is too pro-industry, adding Sierra Legal is involved in several lawsuits contending the fisheries branch is failing to adequately prosecute violators.
The former Liberal government began the process of Fisheries Act reform last year, but Finalyson said it’s unclear whether the Tories will continue that work.
“We’re saying get on with that job, step up the pace,” he said.
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Topic: B.C. Buisness wants a free hand with the fisherys act! Not Good! (Read 2429 times)