Fisheries Protection Program: an overview. WaterTech 2016, April 6-8, 2016, Banff

Transcription

1 Fisheries Protection Program: an overview WaterTech 2016, April 6-8, 2016, Banff 1

2 Amendments to the Fisheries Act All amendments have been in effect as of November 25, 2013 Focus the Act s regulatory regime on managing threats to the sustainability and ongoing productivity of Canada s commercial, recreational and Aboriginal fisheries Our Policy, the Fisheries Protection Policy, states: In Canada, most water bodies contain fish, or their habitat, that are part of or support commercial, recreational or Aboriginal fisheries and are therefore subject to the prohibition against serious harm to fish. These areas include: i) all three of Canada s oceans; ii) areas of fishing for food, social or ceremonial purposes or under land claims agreements by Aboriginal peoples; and iii) areas covered by federal or provincial fisheries regulations. 2

3 The new section The Purpose section 6.1 outlines the overarching purpose for decision-making under the Fisheries Protection sections: to provide for the sustainability and ongoing productivity of commercial, recreational and Aboriginal fisheries. This section still causing confusion. This section is not used to define what requires an authorization. It is used by the Minister to determine if it is reasonable to issue an authorization. 3

4 Serious harm to fish The Fisheries Act definition of serious harm to fish is: the death of fish, or a permanent alteration to, or destruction of fish habitat Authorization is required when projects are likely to result in a localized effect to fish populations or fish habitat in the vicinity of the project DFO s policy interpretation of serious harm to fish is: the death of fish; a permanent alteration to fish habitat of a spatial scale, duration and intensity that limits or diminishes the ability of fish to use such habitats as spawning grounds, or as nursery, rearing, or food supply areas, or as a migration corridor, or any other area in order to carry out one or more of their life processes; the destruction of fish habitat of a spatial scale, duration, and intensity that fish can no longer rely upon such habitats for use as spawning grounds, or as nursery, rearing, or food supply areas, or as a migration corridor, or any other area in order to carry out one or more of their life processes. 4

5 Authorization process Authorizations are required for projects that are likely to result in serious harm to fish A formal process for applying for authorizations follows information requirements and defined time limits set under Fisheries Act regulations An information guide for proponents is available on the DFO website Authorizations will include conditions to avoid, mitigate and offset the serious harm to fish Failure to abide by these conditions will be a contravention of the Fisheries Act. 5

6 Proponents encouraged to avoid and mitigate to the extent possible. Self assessment process on web: The Four Questions Operational Approach Is there an administrative Agreement Is it a waterbody where DFO review is not required Is it a project where DFO review is not required Is there residual impacts after mitigation 6

7 Operational Approach An Example of an Administrative Agreement in C&A id the MOU we have with National Energy Board. The National Energy Board (NEB) is responsible for regulatory reviews and approvals related to interprovincial and international pipelines and power lines under federal jurisdiction. Through this MOU, the NEB will now be responsible for assessing potential impacts to fisheries from proposed NEB regulated pipeline and power line applications. If the NEB determines than an authorization or permit will be required, DFO shall be notified and will be responsible for issuing the authorization or permit. 7

8 Designation Order Order Designating the Minister of the Environment as the Minister Responsible for the Administration and Enforcement of Subsections 36(3) to (6) of the Fisheries Act. Medal Mining Effluent Regulations, Environment and Climate Change Canada completely the lead. DFO no longer determine Fish Frequented Waters. ECC will contact DFO when needed. ECC leads sediment release. DFO only involved if permanent alteration or destruction occurs. 8

9 Looking into the Future Ministerial Mandate Letter Work with the Minister of Transport to review the previous government s changes to the Fisheries and Navigable Waters Protection Acts, restore lost protections, and incorporate modern safeguards. Work with the Minister of Environment and Climate Change and the Minister of Natural Resources, to immediately review Canada s environmental assessment processes and introduce new, fair processes 9