DFO Fisheries Protection Program

Transcription

1 DFO Fisheries Protection Program Presenter: Brad Fanos Manager, Regulatory Reviews Fisheries Protection Program October 15, 2014

2 Outline What is the Fisheries Protection Program? Key concepts to understand the program Key regulatory issues for small hydro projects Key process changes with the new program

3 What is the Fisheries Protection Program? National, risk-based program for effective, efficient regulatory management of threats to the sustainability and productivity of fisheries Website: Projects Near Water Regulatory Review Brad Fanos -Triage -Small Hydro -Large Hydro -Linear Development Regulatory Review Al Magnan -Oil and Gas -Mining -Marine Partnerships/ Standards/ Guidelines Jason Hwang

4 Key Concepts 35(1) - No person shall carry on any work, undertaking or activity that results in serious harm to fish that are part of a commercial, recreational or Aboriginal fishery, or to fish that support such a fishery. Serious harm: the death of fish or the permanent alteration to, or destruction of, fish habitat. Permanent refers to a duration that impairs the ability of fish to carry out one or more of their life processes. Example: Diversion channel for instream work isolation during low risk window vs. full year CRA Fishery: fish that fall with scope of Federal or BC Sport Fishing Regulations 1996 / Aboriginal fisheries including FSC

5 Key Regulatory Issues for Small Hydro Instream Flow risk to fish is driven by design and location of facilities relative to fish distribution Fish Passage risk at intake or in diversion reach Operational Flow Ramping can impact high value fish populations many kilometers downstream and impose persistent changes to natural mortality Avoid/Mitigate operations through design and implementation of Operational Parameters and Procedures (OPPR) Monitoring demonstrates compliance with Fisheries Act and conditions of authorization

6 Key Process Changes Self Assessment (QEP) Request for Review - voluntary Application for Authorization Regulations (2013) Mandatory elements required to accept application: Contact/Description/Timeline/Location etc Description of fish habitat and effects Measures and standards to avoid or mitigate Residual serious harm Offsetting Plan, monitoring, costs Financial security provided with application

7 Key Process Changes Application for Authorization Regulations cont d 60 days to notify if application is complete, 90 days to issue or refuse authorization. Clock stops for changed plans, proponent request, circumstances which require additional info, FN consultation, requirements of another Act Section 6 Factors for Consideration (within 90 days) contribution of the relevant fish to the CRA fishery fisheries management objectives measures to avoid, mitigate, or offset serious harm public interest

8 Key Process Changes 35(2)(b) - A person may carry on a work, undertaking, or activity without contravening subsection (1) if the carrying on of the work, undertaking or activity is authorized by the Minister and is carried on in accordance with the conditions established by the Minister. Authorizations are now for specific W/U/A and will not include conditions for W/U/A not authorized Example of W/U/A Diversion of up to 9.9 m/s 3 flow from Example Creek through the hydropower generating facility.

9 Key Process Changes 35(2)(b) - A person may carry on a work, undertaking, or activity without contravening subsection (1) if the carrying on of the work, undertaking or activity is authorized by the Minister and is carried on in accordance with the conditions established by the Minister. Conditions are enforceable under Fisheries Act Authorization Example: Minimum flows (i.e. In-stream Flow Requirements) of 1.9 m 3 /s shall be released to Example Creek immediately below the intake at all times, except when natural flows are below the IFR. In this case, all flow shall be released immediately below the intake.

10 Next Steps Ongoing Regulatory Action 9 authorizations (including transitional amendments) and 8 letters of advice issued since Nov. 25, projects currently under active review, 6 on hold Compliance Monitoring 20 small hydroelectric project authorizations are in the monitoring stage 36 occurrences of potential non-compliance relating to power generation since Nov. 25, Guideline Development Flow Ramping Guidelines with CEBC