Fisheries Act

1

• Fisheries Act
• Project Review
• Processes and Considerations
• Presented By
• Jeff Johansen
• Fisheries and Oceans Canada

June 16, 2005
2
Overview

• National Habitat Policy
• Review Processes
• Process Modernization

3
National Habitat Policy
4
Habitat Objective

• Net Gain of Habitat for Canada's Fisheries
  Resources
• Increase the natural productive capacity of
  habitats for the nation's fisheries resources
• Three Goals
• 1. Fish Habitat Conservation
• 2. Fish Habitat Restoration
• 3. Fish Habitat Development

5
1st Goal Habitat Conservation

• The Guiding Principle
• -No Net Loss of the Productive Capacity of
  Habitats

6
DFO Review/Authorization Processes
7
DFO Involvement

• DFO involved through referrals or direct
  applications from
• Other Federal Agencies
• Navigable Waters Protection
• Canadian Environmental Assessment Act Referrals
• Provincial Agencies
• Municipal Planning or Permitting Processes
• Individuals, Companies, Organizations

8
Key Considerations

• Is it fish habitat?
• Will the project negatively impact fish habitat?
• Can fish habitat impacts be avoided through
  relocation, redesign or mitigation?
• If fish habitat impacts cannot be avoided should
  the impacts be authorized?
• Can the fish habitat impacts be compensated for
  to achieve DFO Habitat Policy objectives?

9
Hierarchy of Preferences

• Most Preferred
• Relocation Avoid
• Redesign Impacts
• Mitigation
• Compensation
• Least Preferred

10
Desired Approach

• Well planned and assessed projects
• Impacts to fish and fish habitat avoided
• Up-to-date guidelines, standards and BMPs
  followed

11
Proponent Responsibility

• Providing project details, descriptions,
  assessments, mitigation strategies, and any other
  information required by DFO to determine if the
  proposal will result in Harmful Alteration,
  Disruption or Destruction (HADD) of fish habitat

12
Compliance with the Fisheries Act

• Section 35(1) of the Fisheries Act states that
  No person shall carry on any work or undertaking
  that results in the harmful alteration,
  disruption or destruction of fish habitat
• Section 35(2) allows a HADD if it is authorized
  by DFO

13
When an Authorization is required

• Should the HADD be Authorized?
• Does the project and linked activities adhere to
  standards, BMPs, and guidelines?
• Will there be HADD of critical, highly sensitive
  or highly productive fish habitat?
• Is the habitat rare, threatened, or in short
  supply?
• Are there existing and projected cumulative
  impacts?
• Are the impacts and mitigation measures well
  understood?

14
When an Authorization is required

• Can the HADD be Compensated?
• Are proven habitat compensation methods
  available?
• Are areas available for habitat compensation?
• Do compensation options fit the Compensation
  Hierarchy of Preferences?

15
Compensation Hierarchy

• Most Preferred
• Create or increase productive capacity of
  like-for-like habitat at or near the development
  site
• Create or increase the productive capacity of
  unlike habitat at or near the development site
• Create or increase the productive capacity of
  habitat in a different ecological unit
• Measures of last resort
• Least Preferred

16
Documents to Support Authorization

• design drawings
• type, location and extent of habitat to be
  affected
• plan for Compensation
• start and completion dates for the work
• results to be achieved
• follow-up and monitoring required
• how success of mitigation and compensatory
  measures will be evaluated
• letters of credit covering items such as
  monitoring and compensatory habitat construction

17
CEAA Review

• If a HADD is to be authorized under Section 35(2)
  of the Fisheries Act, this triggers the
  requirement for an environmental assessment of
  the project under the Canadian Environmental
  Assessment Act (CEAA)
• The Fisheries Act authorization cannot be issued
  until the CEAA review is complete with a
  determination that the project will not result in
  significant adverse environmental effects

18
Environmental Process Modernization
19
Context

• Changes to the Habitat Management Program to make
  it more coherent, predictable and transparent
  while focusing efforts on those activities with
  the greatest risk to fish habitat

20
DFO Environmental Process Modernization

• Five Main Initiatives
• Risk Management Approach
• Coherence Initiatives
• Streamlining of Referral/Review Processes
• New EA and Major Projects Organization
• Partnerships and Stewardship

21
Pathways of Effects

• Description of Various Activities
• Description of Possible impacts to Fish and
  Habitats
• List of Measures to Avoid or Break Pathways
  (Mitigation Measures, BMPs)

22
Vegetation clearing
Use of heavy machinery
Use of herbicides
Alteration of riparian vegetation
Change in nutrient inputs
Removal of organic structure
Banks stability and exposed soils
Loss of shade
Change in allochthonous inputs
Change in nutrient dynamics
Change in food availability and type
Change in contaminants
23
Risk Assessment Framework
24
Process Streamlining

• Overview of approaches/priorities habitat
  streamlining
• Template Letters for Low Risk Activities
• National Operating Statements
• Use of Class-Authorizations where Appropriate
• Guidelines and BMPs