The Recreational Fishery: A risky streamlining of the rules?
The management of the recreational fishery in Ontario is undergoing change on a major scale. The Ministry of Natural Resources (MNR) has been revamping its sport fish policies and regulations over the last two years with the aim of achieving two inter-related goals. The first goal involves a shift to a broader landscape level of management, moving away from an approach that imposed special rules on a number of individual lakes and rivers. MNR says that this shift is science-based and that “a landscape approach also provides a more effective means to determine the state of the resource and monitor the effectiveness of management actions.” In addition, management on this scale reduces costs, and helps bring about the second goal: the streamlining of the regulatory framework around recreational fisheries, making it easier for anglers to interpret and follow the rules. Currently, MNR’s summary of the recreational fishing regulations is nearly 100 pages in length, and much of the complexity comes from explaining historically-developed rules around fishing in specific lakes and rivers.
A large number of policy and regulatory amendments have been introduced to bring about these changes. As a foundation for its new management approach, MNR developed the Ecological Framework for Recreational Fisheries Management. The framework contains four major components:
- new fisheries management zones (FMZs),
- species tool kits,
- enhanced stewardship, and
- state-of-the-resource reporting.
MNR posted a Proposal Notice outlining details of its new FMZs on the Registry (#RB05E6005) for a 45-day comment period on February 18, 2005, and a decision was posted on August 23, 2005. MNR’s decision reduces the number of FMZs (formerly called fishing divisions) from 37 to 20. MNR states that “the boundaries of the new proposed Fisheries Management Zones are based on ecological and social factors such as the province's climate zones, watersheds, fishing pressure, and road networks, and to make the boundaries easier to define on the ground.”
Because the new FMZ boundaries span former fishing districts, an initial consolidation of regulations was required, and MNR sought approval from the federal government for the necessary revisions to the Ontario Fishery Regulations under the federal Fisheries Act. MNR posted an Information Notice on the Registry, entitled “Proposed 2007 Recreational Fishing Regulations for the new Fisheries Management Zones for Ontario” (#XB06E6001), on March 29, 2006. By following the electronic links posted with the notice, Registry users can find proposed changes to FMZs, open seasons, and catch and possession limits for different species. MNR originally intended that the new regulations would take effect on January 1, 2007, but due to delays in the approval process, the launch date has been deferred until January 1, 2008. While some small changes to the sport fishing regulations were introduced at the beginning of 2007, for the most part, anglers are instructed to follow the 2005-2006 Recreational Fishing Regulations Summary. However, MNR did not post any notice on the Registry to advise of these changes.
A host of changes, too extensive to describe here, are slated to take effect at the beginning of 2008. As an example, in southeastern Ontario (FMZ 18) the combining of four previous fishing divisions into one has required MNR to reduce catch limits on walleye to match the provincial limit, to impose a winter closure on some lake trout lakes in the northwestern portion of the zone, and to remove the minimum size limit regulations for walleye and bass in former Division 10. Some parts of the zone will have longer lake trout seasons, some shorter. Four fish sanctuaries that were closed all year will now be open.
Under the new framework, MNR has stated that it will target more public involvement through an enhanced stewardship approach. MNR staff have met with local Stewardship Councils and other stakeholders, and are working toward setting up Fisheries Advisory Councils in all twenty of the FMZs. Early indications are that involvement by the existing Stewardship Committees in recreational fisheries will cease and, instead, jurisdiction will fall under the mandates of the new Fisheries Advisory Councils.
As part of the new Ecological Framework, MNR has consolidated much of its fisheries management science, compiled over the years, into a number of species tool kits. To date, these tool kits have been compiled for the management of twelve sport fish species, and most of these have been posted for public comment on the Registry. MNR intends these tool kits to be used by fisheries managers and Fisheries Advisory Councils in the development of new regulations.
ECO Comment
In some of the areas that ECO examined, the proposed regulatory amendments for recreational fisheries management appear precautionary (e.g., by adopting lower catch limits on walleye in Zone 18). However, the proposed opening of numerous fish sanctuaries without documented analysis seems quite the opposite. In addition, MNR has recommended the removal of hundreds of special exception regulations, and the implications of these changes are unknown. ECO urges MNR to carry out public consultation on such changes and to fully assess the impact of such changes.
Many of the members of the public and organizations who commented on the Ecological Framework for Recreational Fisheries Management expressed strong concern about the landscape scale management approach. Some expressed alarm that carefully developed management strategies for individual water bodies, many of which had been worked on by local Stewardship Councils and stakeholders, would be abandoned under the new landscape scale framework. ECO believes that it is inappropriate to proceed with such sweeping changes without clearly determining the consequences, and before providing meaningful opportunities for public comment.
As for simplifying the complex fishing rules, one member of the public said it best: “While the concept of simplifying and clarifying regulations is admirable, the purpose of the regulations is not to ease communications, it is to protect and manage the resource. First ensure that the regulations serve that purpose, then explain them as clearly as possible, then enforce them rigorously. “
In April 2007, the ECO issued a special report “Doing Less with Less” that showed years of cuts to MNR’s operating budgets have left the ministry unable to deliver its mandate effectively. In adopting the new FMZs and landscape level approach, MNR states that “the cost of monitoring and enforcing ‘unique’ solutions on individual lakes has become prohibitive.” The ECO believes this is a perilous way to achieve operating economy.
In “Doing Less with Less,” ECO pointed out that “depending on the situation, the ministries have downloaded programs to local levels of government, off-loaded activities to the private sector, or partnered with volunteer groups.” Within the new framework, MNR is once again developing partnerships with local stakeholder groups in the form of Fisheries Advisory Councils. The ECO views this as a good approach, but we note that some of the work done by Fisheries Advisory Councils will overlap with what has previously been done by existing local Stewardship Councils. These local Stewardship Councils have done excellent work carefully managing the fishing resource and it appears that their involvement will cease under the new framework.
The ECO will monitor the implementation of the new framework for fisheries management and the new regulations as they begin to take effect in 2008.
| This is an article from the 2006/07 Annual Report to the Legislature from the Environmental Commissioner of Ontario. |
Citing This Article:
Environmental Commissioner of Ontario. 2007. "The Recreational Fishery: A risky streamlining of the rules?." Reconciling our Priorities, ECO Annual Report, 2006-07. Toronto, ON : Environmental Commissioner of Ontario. 87-89.
