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[troutbreath]

Fisheries Act changes delayed as staff experience transition
  By Peter O'Neil, Vancouver SunFebruary 14, 2013
  Implementation of the Harper government's sweeping changes to the Fisheries Act, intended to make life easier for developers, has been stalled inside a Fisheries Department facing "a very stressful and uncertain" period of transition, according to internal documents.

The changes were included in last spring's federal budget, but the target to fully implement them has slipped from last month to June, the documents say.

The delay means clear answers aren't easy to obtain when resource and industrial companies approach Fisheries seeking authorization for work that might affect fish habitat, according to one industry spokesman.

"Our own sense is that the transition hasn't been managed as well as we would have liked," said Pierre Gratton, president of the Mining Association of Canada.

"I don't think (staff in regional offices) have been prepared for handling this interim period, so they're not quite sure, they don't quite know how to answer questions, and this leads to delays."

The government planned to have the new Fisheries Protection Program in place by Jan. 2, replacing the current Habitat Protection Program. It also planned to have the accompanying cabinet-imposed regulations spelling out how bureaucrats implement the changes ready at the same time.

But while the Fisheries Management Program was established in January, positions in the re-organized structure won't be filled until April 2, according to an email sent to Fisheries staff earlier this week. And the "current working target" to bring into force the major changes in last year's Fisheries Act amendments is June.

"But this is only a working target," said Brad Fanos, Pacific regional manager for the department's Habitat Protection Program, in a January email obtained by The Vancouver Sun.

"It could be earlier or later than the June working target."

Fanos's email does little to disguise morale problems in a department where a third of fisheries habitat positions in B.C. have been eliminated, and many of those who remain are being asked to move elsewhere in the province and in the country as offices are consolidated.

"I recognize that this is a very stressful and uncertain time for all staff ... through this challenging transition period," Fanos wrote to B.C. staff last month.

Former senior federal Fisheries biologist Otto Langer, a critic of the government's plans and a frequent recipient of leaked documents, said he is told morale is rock-bottom in his former department.

The department "is in tatters" as a result of job cuts and regional office closures that accompanied the legislative changes, Langer said in an email. "Staff that have yet to leave are totally demoralized as they look for a new job and try and man the fort to the last man/woman."

The Fisheries Act amendments passed last year triggered protests from environmental groups and even two former Progressive Conservative fisheries ministers from B.C., John Fraser and Tom Siddon.

The changes eliminated rules that had prohibited the "harmful alteration, disruption and destruction of fish habitat" unless authorized by the minister. The new proposal focused on protecting only revenue-generating commercial, sport and aboriginal fisheries.

Among those impending changes is the prohibition against "serious harm," which is defined as "death of fish or any permanent alteration to, or destruction of, fish habitat."

In other words, according to a legal analysis by the group Ecojustice, the regulations in June could potentially mean it is "no longer ... against the law to harmfully alter or disrupt fish habitat."

© Copyright (c) The Vancouver Sun

[dnibbles]

I would say that "totally demoralized" is an understatement as to how staff in the program formerly known as Habitat Management are feeling.

[Dave]

I would say that "totally demoralized" is an understatement as to how staff in the program formerly known as Habitat Management are feeling.

x2

[shuswapsteve]

I would say that "totally demoralized" is an understatement as to how staff in the program formerly known as Habitat Management are feeling.

x3

[chris gadsden]

Distributed by permission of Otto.



Here is a more complete summary on how DFO is advancing the New Sect 35 of the Fisheries Act and the organization to implement it.

    * As admitted by ADM of Transformation Swerdfager three months ago DFO did not make their January 2, 2013 deadline for the new organization and all planned downsizing, new regulations,  etc. Any sensible person could have predicted that.
    * The new organization is to now in fully in place on April 2, 2013.
    * Many staff have now left the DFO habitat organization. Some have taken jobs elsewhere in DFO such as in Small Craft Harbours but some are still waiting for an opening and others have taken a buy-out package and have gone into early retirement such as the Nanaimo head, the Chilliwack-Mission habitat bio, etc. Guys like the the Head in New Westminister and  Kamloops are still hanging in there hoping that something can develop so they can stay with the feds in that they do not want to become consultants. Many of the staff with houses and children to feed feel they could not move to another location (especially Vancouver) or accept significantly less pay.
    * DFO staff have generally been kept in the dark and heads of groups are left out of all downsizing matters.
    * DFO hired outside consultants to deal directly with the affected staff. Let a hatchet firm do the dirty work!
    * Staff that are still with DFO are running out of time in that all decisions on their careers have to be in place before March 31, 2013. I am certain the system will find some slippage to keep some of the veterans on staff for miscel. work tasks to get the new organization into place. Despite this, I am told that their salary allotment is inadequate for a new organization even with mainly new junior staff ie Bio02s therefore some positions will probably remain vacant.
    * In that most new staff position are at the Bi02 level (veteran staff were originally not allowed to apply for junior positions) and now refuse to take that giant downgrade and report to a new handpicked manager. Many of the Bio2 positions in BC and Winnipeg have not been staffed - no applicants. In Winnipeg  ATIP documents indicate that they are considering putting Fishery Officer cadets into biologist positions!
    * A new draft of the DFO Habitat Policy has been developed. it is much shorter than the past version - it should be - we have 80% less habitat and fish species to protect! DFO's Nic Winfield in Ottawa is in charge of the new policy.
    * DFO still seems to not have figured out what is 'permanent habitat destruction' or what is all included in a CARFishery*. Same problem with other new concepts introduced by the new Sect 35. If they have determined what these new concepts could mean - it is not being developed in a transparent manner.
    * I am advised that the new habitat policy is to be put into the Canada Gazette in March and be 'law' by early July. The same applies for all the regulations as related to exemptions, etc. as related to the new Section 35.
    * Originally some DFO staff and even the consultants saw Bill C38 as a boon for the consulting business. I simply did not read it that way. Many have now accepted by view. Why should industry hire consultants to examine mitigation etc when maybe 80% of the work DFO used to do is not now required i.e. disruption or harm to habitat is now permitted in Canada's fish habitats even if they have CAR fish in them! If the habitat does not  support a CARFishery - let industry, landowners, etc. destroy it!
    * One veteran DFO habitat bio tells me that it will not be as bad as many (like Langer)  predict  I do not know how he can be so positive when the new law is very clear and it does not allow any of the bureaucrats to take a very liberal interpretation of what is permanent destruction, a CARFishery etc into account. In fact the government that so gutted the Act and fish habitat and CEAA etc in Canada will ensure that the most narrow interpretation of habitat etc is developed and adhered to by the junior and probably indoctrinated staff. One has to simply look at the intent of the Harper government -- and that does not require any speculation!
    * The remaining DFO staff are in confusion as to what they are to do and issues are now falling through the cracks. One DFO staff member that I spoke to no longer goes into the office - just stays at home waitingfor the layoff to take place! This is now  the norm and most of us have yet to relate to that reality and above all most are lost as to what we can do about it.
    * No one that I have talked to in DFO in the Pacific Region knows where the government sits or what is doing with the Cohen report. At least for $26M dollars we did get a colorful cover on the report!

In December I did receive A DFO bulletin as an update on this topic from West Vancouver MP John Weston. I found the update to be very misleading in that it still pushes the line of better protection, more focused protection, better enforcement,  etc. Canadians concerned about the environment and the fishery will appreciate that we are being fed nothing less than  a never ending tale by those that simply do not get it or do not really care about anything but "growth, jobs and prosperity". In the new Harper agenda the environment and the fishery seem to now totally oppose those concepts. So much for sustainable development and a healthy ecosystem for future generations.

On this cheerless note --   Cheers Otto      (distribute as you see fit).

* CARF - Commercial, aboriginal or recreational fishery.