Category Archives: Programs

The Freshwater Fishing Regulations Synopsis 2009-2011 is one source of freshwater sport fish consumption advice in BC. However, fish consumption recommendations for BC are also provided through the BC Ministry of Health and BC Centre for Disease Control.

Health Canada’s online resource, “Making Informed Decisions about Fish”, provides advice to the public on safe fish consumption levels with a focus on mercury levels in retail fish.

In 2007, Health Canada published “Human Health Risk Assessment of Mercury in Fish and Health Benefits of Fish Consumption”, a document pertaining to retail fish only. The paper discusses the health benefits of fish consumption as well as exposure assessment from the consumption of fish.

The Freshwater Fishing Regulations Synopsis 2009-2011 provides some guidelines on freshwater fish consumption. However, as indicated in the synopsis, routine mercury testing is not conducted in BC lakes and streams since the risk of mercury contamination is considered to be generally low. The consumption advice does not differentiate between different age groups or vulnerable and sensitive populations. Consumption advice for contaminants other than mercury is not reported in the Synopsis.

The 2009-2011 British Columbia Tidal Waters Sport Fishing Guide, provides fish consumption advice for tidal water. However, the guide only provides advice on shellfish consumption. 

Fish consumption recommendations for BC are also provided through BC Ministry of Health and BC Centre for Disease Control. These guidelines do take sensitive populations and age into account when providing consumption advice on a variety of fish species. However, mercury is the only contaminant included in these advisories.

Fish Protection Act, S.B.C. 1997, c. 21

The Fish Protection Act protects your right to eat fish, by ensuring the health of fish habitat in BC, and in turn, fish species in general. The Act allows for the designation of protected rivers, which will restrict consideration of applications for water altering operations under the Water Act. The major impact of this designation is that no new dams or water obstructions can be put on the river, and other applications to take water and alter streams will also be limited.

A river will be designated ‘protected’ if the Lieutenant Governor in Council “considers that the designation will contribute to the protection of a population of fish whose sustainability is at risk because of inadequate flow of water within the stream or degradation of fish habitat.”

The Fraser River is one of the rivers explicitly written into the Act (s.4(g)). While rivers may be granted or removed from this status by the Lieutenant Governor, and regulations may be repealed, altering an Act is a much larger (and much more public) process. This likely reflects a strong commitment to the protection of the Fraser River.

Sensitive Streams Designation and Licensing Regulation , B.C. Reg. 89/2000

All alterations of streams are not prohibited by the Fish Protection Act. This regulation allows Water Act officials to demand additional information to assess the impacts of the application on fish inventory and health. The applicant must also provide information on mitigation strategies in the project planning, design, construction, and operation in order to minimize or eliminate threats to fish. The officer can also consider compensation proposals to provide replacement fish habitat in place of that which may be harmed.

The Regulation provides many criteria to be considered by the officers in determining satisfaction of these three areas of inquiry.

B.C. Fisheries Act, R.S.B.C. 1996, c. 149

This Act primarily addresses licensing of fishery facilities and individual fishers, but also contains provisions addressing fish migration. Under s.28, builders of dams or other stream-modifying structures to incorporate into their designs “fish passes, fish ladders, fish ways or other fish protective devices as the minister requires for the safe and adequate passage of fish over, around or through the project.”  The details of these design features must be contained in the application for the project.

Aquaculture Regulation, B.C. Reg. 78/2002

The Aquaculture Regulation provides general requirements for operators of fish farms and aquaculture facilities. Three notable parts of the regulation are:

• There is a prohibition on release of plants or fish from the facility
• There is a duty to report an escape of life to the manager of aquaculture in the attending Ministry
• There are a great deal of record-keeping responsibilities for various elements of the aquaculture operation

The Hunting and Fishing Heritage Act, S.B.C. 2002, c. 79

This one-section act simply states that “a person has the right to hunt and fish in accordance with the law.” The Act preamble acknowledges hunting and fishing as an important of past and present day life in British Columbia, and states that these activities are both effective tools to manage wildlife, as well as contribute to understanding, conservation, and management of fish and wildlife in British Columbia

Wildlife Act, R.S.B.C. 1996, c. 488

The first part of the Wildlife Act addresses the conditions under which a person can hunt or capture a wild creature (including fish). The Act requires hunters or fishers to hold a license to practice those activities. There is also a prohibition against hunting or trapping wildlife that is endangered, is in a wildlife sanctuary, during prohibited times, or by specific methods (s.26).

An issue that has been identified as problematic is that the operationalized definition of wildlife under s.1 of the act only includes fish for certain sections of the Act. It has been suggested that this selective inclusion of fish results in a lesser protection than other species.

Part 2 of the Act directs the activities of the Habitat Conservation Trust Foundation. The HCTF’s directive is found in s.122, which states that they may acquire and hold property in trust for conservation or improving awareness of fishing/wildlife issues. The HCTF is given authorization to take all surcharges and licensing fees levied under the Wildlife Act to fund their activities.

Freshwater Fish Regulation, B.C. Reg. 261/83

This regulation requires that any person who has in their possession/transports/traffics live fish must have a license for that activity. Fish are defined as lampreys, bony fishes, crustaceans, or mollusks.

Federal Fisheries Act, R.S.C. 1985, c. F-14

The Federal Fisheries Act makes it an offense to deposit a ‘deleterious substance’ into water frequented by fish (s.36(3)). Provided that the polluted water is in fact populated by fish, the offense is made completed at the time of deposit of a known toxin. If the material deposited is not a known toxin, then it must be shown that the substance, when considering the concentration and duration of the spill, would be harmful to fish. No actual fish harm must be demonstrated.

British Columbia Sport Fishing Regulations, 1996, SOR/96-137

These federal regulations provide a list of protected species of fish, as well as a number of prohibited fishing practices. The extensive schedules present information on prohibited lakes for fishing from a boat, close times for fishing areas, fishing quotas and length limits, and penalties for contravening the regulation.

If you find contaminated fish or fish habitat, contact the Fraser Riverkeeper to notify them of the situation as well as get advice on possible next steps.  You can report pollution by calling the Fraser Riverkeeper pollution hotline at (778) 737-4422 or by completing the online form.

For offenses in non-marine issues, the Ministry of Environment has set up the Report All Poachers and Polluters (RAPP) program. Citizens can report known or suspected violations of fisheries laws by calling 1-877-952-RAPP (7277) or #7277 on the TELUS Mobility Network.

Fisheries and Oceans Canada also operates a hotline referred to as Observe, Record and Report (ORR). Citizens who witness fish, wildlife, or environmental offenses in marine areas should call 1-800-465-4336 — or in Greater Vancouver, 1-604-607-4186. Citizens are encouraged to record as many details as possible about the violation.

Where can I fish?

What regulations govern fishing in the Fraser River ?

Can I eat the fish from the Fraser River?

How do I know which fish are safe to eat from the Fraser River?

Who monitors fish consumption issues on the Fraser River?

Where is information about fish consumption made available to the public?

How accurate is the information on fish consumption?

What else do I need to know about consuming fish from the Fraser River?

What are the laws and policies that protect my right to eat the fish from the Fraser River?

What do I do if I find contaminated fish or fish habitat?