Overview of Fisheries and Oceans Canadas DFO Habitat Management Program HMP

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Overview of Fisheries and Oceans Canadas (DFO)
Habitat Management Program (HMP)

• Patrice LeBlanc
• Director, Habitat Protection and Sustainable
  Development Branch
• Fisheries and Oceans Canada
• Ottawa
• October 2007

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CONTEXT
Context Legal Framework Policy
Framework Habitat Management Program
(HMP) Continuous Improvement Future
Direction Discussion

• DFO VISION Excellence in service to Canadians to
  ensure the sustainable development and safe use
  of Canadian waters.
• DFO MISSION It is our mission, as DFO employees,
  to deliver to Canadians the following outcomes
• Safe and Accessible Waterways
• Healthy and Productive Aquatic Ecosystems and
• Sustainable Fisheries and Aquaculture.

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CONTEXT
DFO has approximately 10,000 staff and is
organized to deliver its vision and mission
through six sectors headed by Assistant Deputy
Ministers and 6 regions headed by Regional
Director Generals

• Sectors
• Fisheries and Aquaculture Management
• Oceans and Habitat
• Human Resources and Corporate Services
• Policy
• Science
• Communications

• Regions
• Pacific
• Central and Arctic
• Quebec
• Gulf
• Maritimes
• Newfoundland and Labrador

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LEGAL FRAMEWORK PROVISIONS FOR REGULATING
IMPACTS TO FISH AND FISH HABITAT Habitat
protection provisions of the Fisheries Act
Context Legal Framework Policy
Framework Habitat Management Program
(HMP) Continuous Improvement Future
Direction Discussion

• Fish Passage
• Section 20 Requires fish-ways to be constructed
• Water flow needed for fish
• Section 22 Requires sufficient flow of water for
  the safety of fish and flooding of spawning
  grounds as well as free passage of fish during
  construction
• Mortality of fish by other means than fishing
• Section 30 Requires fish guards or screens to
  prevent entrainment of fish at any water
  diversion or intake
• Section 32 Prohibits the destruction of fish by
  other means than fishing unless authorized by the
  Minister or through regulations
• Harm to fish habitat
• Section 35 Prohibits the harmful alteration,
  disruption or destruction of fish habitat unless
  authorized by the Minister or through regulations
  under the Act
• Deposit of deleterious substances into fish
  bearing waters
• Section 36 Prohibits the deposit of deleterious
  substances into waters frequented by fish unless
  authorized through regulations under the Act or
  other Acts of Parliament

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Habitat Management Program

• Habitat Management Program assigned
  administrative responsibility for provisions of
  Fisheries Act used to regulate impacts to fish
  and fish habitat
• The HMP also has responsibility prior to making
  regulatory decisions under the Fisheries Act to
  ensure
• an environmental assessment (EA) is conducted
  under the Canadian Environmental Assessment Act
  (CEAA) and other EA processes
• the requirements of the Species at Risk Act
  (SARA) are applied and to provide for Aboriginal
  consultations
• Organized into three distinct units
• Habitat Protection and Sustainable Development
• Environmental Assessment and Major Projects
• Habitat Program Services
• Some 500 staff in 67 offices throughout Canada
• Approximately 350 scientific and professional
  staff (biologists and engineers)

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HABITAT MANAGEMENT PROGRAM (HMP)

• Context
• Legal Framework
• Policy Framework
• Habitat Management Program (HMP)
• Continuous Improvement
• Future Direction
• Discussion

• HMP reviews development proposals for assessment
  of impacts to fish and fish habitat pursuant to
  the Fisheries Act and the Habitat Policy.
  Majority of proposals are reviewed under Section
  35 but other provisions may also apply.
• If there are no residual effects after
  mitigation, proponent may proceed with
  works/undertakings without a Fisheries Act
  Section 35(2) authorization.
• If there are residual effects after standard
  mitigation has been applied then a Fisheries Act
  Section 35(2) authorization would be required. An
  environmental assessment under CEAA or other EA
  processes would be conducted prior to issuing an
  authorization. DFO determines whether an
  authorization can be issued.

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HMP - Science
Context Legal Framework Policy
Framework Habitat Management Program
(HMP) Continuous Improvement Future
Direction Discussion

• Science Sector provides scientific support
  required by HMP by
• Assessing knowledge and providing advice
• Developing assessment tools, monitoring
  protocols, performance indicators, etc.
• Acquiring new knowledge (research), information
  and data (monitoring)
• Managing data and communicating scientific
  products
• HMP requires support from the Science Sector
  related to
• Habitat Fish Production Relationship
• Impacts of works and undertakings on fish and
  fish habitat at project and eco-system levels
  (cumulative)
• Measures to mitigate and compensate for impacts
  to fish and fish habitat and their effectiveness
• Indicators of status and health of fish
  populations and fish habitat

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HMP Conservation and Protection
Context Legal Framework Policy
Framework Habitat Management Program
(HMP) Continuous Improvement Future
Direction Discussion

• HMP requires support from Fisheries and
  Aquaculture Sector for compliance activities and
  decisions
• CP provides enforcement related support required
  by HMP including
• Investigations for non-compliance with the
  requirements of the habitat protection provisions
  of the Fisheries Act
• Enforcement Actions (i.e. Warnings, Inspectors
  Direction and Laying of Charges) based on
  recommendations of HMP

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CONTINUOUS IMPROVEMENT
Context Legal Framework Policy
Framework Habitat Management Program
(HMP) Continuous Improvement Future
Direction Discussion

• Over the years, stakeholders have expressed
  concerns regarding timeliness, predictability,
  transparency, consistency and effectiveness of
  the Habitat Management Programs regulatory
  decision-making process
• Independent review by KPMG in 1999 (Habitat
  Referral Study) led to development and
  implementation of National Habitat Blueprint
  (1999-2001) as basis for continuous improvement
  of the HMP with respect to
• Effectiveness of regulatory reviews in regulating
  impacts to fish and fish habitat
• Efficiency and timeliness of regulatory reviews
• Clarity and transparency of policies and
  processes for the administration of the Fisheries
  Act in regulating impacts to fish and fish
  habitat
• Engagement of key stakeholders in areas of common
  interest
• Coherence in delivery of services to Canadians

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CONTINUOUS IMPROVEMENT (Contd)
Context Legal Framework Policy
Framework Habitat Management Program
(HMP) Continuous Improvement Future
Direction Discussion

• In 2004, Environmental Process Modernization Plan
  (EPMP) launched as a 3 year initiative (FY 04-05
  to FY 06-07) to continue efforts with
  improvements to the HMP through implementation of
  6 elements
• Risk Management Framework
• Streamlining Regulatory Reviews
• Coherent and Predictable Decisions Making
• New Management Model for Major Projects and
  Environmental Assessments
• Enhanced Partnering (see Annex 1)
• Habitat Compliance Modernization

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FUTURE DIRECTION
Context Legal Framework Policy
Framework Habitat Management Program
(HMP) Continuous Improvement Future
Direction Discussion

• Continue efforts to further improve regulatory
  efficiency and effectiveness through
• Refinement and implementation of Risk Management
  Framework (RMF)
• Implementation of management tools to efficiently
  review development proposals received by the
  department
• Define information requirements for regulatory
  reviews under the habitat protection provisions
  of the Fisheries Act.
• Continue efforts to improve coherence of
  predictability in delivery of regulatory
  responsibilities of HMP through implementation of
  training courses for HMP staff.

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FUTURE DIRECTION (CONT.)

• Continue to increase capacity to review major
  projects by allocating new resources and
  established dedicated units across the country to
  focus on environmental assessments for major
  projects
• Continue efforts to improve engagement of key
  partners and stakeholders through partnering
  agreements with provinces and territories,
  Municipalities, Environmental NGOs, Aboriginal
  Groups and Industry
• Continue efforts to develop and implement
  modernization of habitat compliance through
  increased capacity for monitoring compliance. DAY
  2 DISCUSSION

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FUTURE DIRECTION (Contd)
Context Legal Framework Policy
Framework Habitat Management Program
(HMP) Continuous Improvement Future
Direction Discussion

• Increased attention to improving the alignment of
  Science with HMP risks, commitments and
  priorities
• Increased attention to strengthening the
  alignment and integration of habitat conservation
  and protection requirements with fisheries
  objectives and other resource users needs and
  objectives
• Increased attention to enhancing public education
  and awareness of regulatory requirements and
  consultation on policies and programs

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DISCUSSION
Context Legal Framework Policy
Framework Habitat Management Program
(HMP) Continuous Improvement Future
Direction Discussion
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ANNEX 1 EPMP Progress - Partnering