Maintaining SuperNatural BC for Our Children - CoalWatch Comox ...

This gutting of fish protection laws and staff has leftmany asking how the provincial government mightfill the regulatory gap and protect fish habitat.by regulation, WMPs can require statutory decision makers such as local andprovincial governments to consider the WMP when making decisions.Applying WMPs across the province could be a comprehensive approach toecosystem-based planning that addresses the protection of broader ecologicalprocesses, including fish life processes. Amending section 65 of the Water Actto require all statutory decision makers to ensure that their decisions conformto a WMP – and extending WMPs to include forestry-related decisions –could effectively replace the federal HADD provisions.2. Reform the Riparian Areas Regulation and expand its application to allregional districts in BC.The Fish Protection Act’s Riparian Areas Regulation (RAR) requires thatproposals to local governments for new developments within 30 metres ofwater bodies containing fish must be assessed by a qualified professional todetermine the impact of the development on fish. The professional determinesa streamside protection and enhancement area for that location – which is anarea that must be protected.While the application of RAR has been widely criticized, its premise is sound:protect the riparian habitat that fish depend upon, and health outcomes forfish will improve. However, at present the RAR only applies to the geographicarea of 14 regional districts and their member municipalities. The provinceshould expand the application of the RAR to all regional districts andmunicipalities in the province, to ecosystem health in general, and make RARprotections more effective.3. Apply section 9 of the Water Act as a replacement for HADDassessments.Section 9 of the Water Act empowers provincial water management staff toapprove proposals to make changes in and about a stream. The Water ActRegulation goes on to require persons making changes in and about streamsto protect habitat by complying with terms and conditions imposed by thehabitat officer for the timing of the change, minimum instream flows, removaland addition of material, the salvage or protection of fish, and restoration.The Water Act Regulation defines “habitat” as the areas in and about astream and includes spawning grounds, nursery, rearing, food supply andmigration areas, and the quantity and quality of water on which fish orwildlife depend directly or indirectly in order to carry out their life processes.Maintaining SuperNatural BC: Selected Law Reform Proposals 65