DFO - Fisheries Protection Program and Environmental Consultants Workshop Holiday Inn St. John s NL March 16, 2016
Overview Overview Fisheries Act and Fisheries Protection Program Review of Proposed Work in or Around Water Monitoring Projects Near Water Partnerships and Stakeholder Engagement
DFO s Mandate Lead federal role in managing Canada's fisheries and safeguarding its waters (marine and freshwater) The Department works towards three strategic outcomes: o economically prosperous maritime sectors and fisheries o sustainable aquatic ecosystems o safe and secure waters Guided by the 5 key pieces of legislation: Fisheries Act, Oceans Act Species at Risk Act, Coastal Fisheries Protection Act and Canada Shipping Act.
Fisheries Act The federal Fisheries Act applies to all Canadian waters Includes provisions for the protection fish and their habitat from harm from developments and work occurring in/around water Provisions have evolved, most recently changed in late 2013, From habitat protection to fisheries protection
Fisheries Protection Provisions Renewed focus of Fisheries Protection Provisions : focusing protection on addressing threats to fishery species (commercial, recreational and Aboriginal) provide more clarity, certainty and consistency of regulatory requirements, and better enable partnerships with other organizations
Fisheries Protection Provisions Key fisheries protection measures: Section 20 fishways and flows requires water flow at obstructions (for fish passage and to supply downstream areas) Section 35 serious harm to fish prohibits serious harm to fish that support a fishery either by killing of fish or permanent alteration/destruction of habitat Section 36 pollution prevention prohibits deposit of deleterious substances (*administered by Environment Canada)
Enhanced Compliance and Protection The Act provides for Inspector s Directions to address imminent or ongoing serious harm Failure to comply with ministerial requests, inspector directions or conditions of authorizations are now offences Maximum penalty for fisheries protection offences now $200,000 for 1 st offence
Duty to Notify There is now a duty to notify without delay for any occurrence that causes serious harm to fish or deposit of a deleterious substance (or is likely to do so) Duty falls on persons who are in charge, management or control of the work, or who cause the occurrence For serious harm, notify DFO (Fishery Officer or FPP email) For deleterious substances, notify Environment Canada
DFO Fisheries Protection Program Along with recent changes to the Fisheries Act, DFO delivery changes in 2013. Habitat Management Program to the Fisheries Protection Program Single point of delivery for NL in St. John s Now a greater role for proponents to assess and manage impacts Standard advice for many routine works around water is now provided via self-assessment website
Contact Information Fisheries Protection Program Fisheries and Oceans Canada P.O. Box 5667 St. John s NL A1C 5X1 Tel: 709-772-4140 Fax: 709-772-5562 Email: FPP-NL@dfo-mpo.gc.ca
Fisheries Protection Program Two business lines: Regulatory Review Client Liaison, Partnerships, Standards & Guidelines 11
FISHERIES PROTECTION PROGRAM NL Region Regional Director Ecosystems Management Team Leader Client Liaison, Partnerships, Standards & Guidelines Manager Regulatory Reviews Senior Biologist Standards & Guidelines Coordinator Client Liaison & Partnerships Team Leader Triage & Planning Biologist Program Officer Coordinator Information Mgmt Biologist Fisheries Protection Senior Biologist Hydro, Flows & Linear Development Senior Biologist Marine & Coastal Development, Oil and Gas Senior Biologist Mining Biologist Fisheries Protection Biologist Fisheries Protection Biologist Fisheries Protection Biologist Fisheries Protection Biologist Fisheries Protection
Regulatory Review under the Fisheries Act There is no mandatory requirement for you to submit a project for review, to DFO, under the Fisheries Act HOWEVER Proponents working near water must comply with the prohibition against causing serious harm.
Review of Proposed Works in or Around Water Separate review processes Self Assessment Request for Review (sent to the DFO-FPP) Request for Authorization
Projects Near Water Self Assessment Self-assessment online tool is used to determine if your project meets DFO-recommended criteria and measures to avoid harm If project does not meet criteria or you cannot follow standard measures - you can apply to DFO for specific review (i.e. Request for Project Review)
Request for Project Review Completed through submission of an application available online DFO-FPP will review works and proponent identified mitigations Reviewed at Triage or a Regulatory Review level DFO-FPP may require/identify the following to avoid serious harm: additional information relocation and re-design of project to avoid impact extra protection measures or mitigations Measures are typically set out in an Advice Letter provided to the proponent.
Authorization of Projects A proponents self assessment or DFO s review may conclude that an Authorization is required - If serious harm cannot be avoided, a proponent may need to obtain an Authorization for a project to proceed. Authorization requires proponent to submit separate application, with significant additional information (e.g. regulated information requirements, timelines etc ) Also includes proposed offsetting measures (i.e. fish habitat compensation) and a letter of credit
Authorized Projects Authorizations typically contain many detailed requirements for mitigations, offsetting as well as monitoring and reporting by the proponent Conditions are enforceable and failure to uphold can lead to prosecution under the Fisheries Act.
Monitoring Types of Monitoring: FPP Biologist site visits C&P Fishery Officer site visits Proponent on-site monitoring and reporting Other monitoring Monitoring for compliance and effectiveness - Authorized Projects - Project Specific Letters of Advice - Non Review works and Activities (i.e. self assessed)
MONITORING TYPES QUESTION TO BE ANSWERED MONITORING EFFORT Overview (DESCRIBED of Fisheries IN ANNEX 1) Protection Monitoring Priorities REGULATORY INSTRUMENT BY MONITORING TARGET MONITORED BY Authorizations Primary Monitoring Activity: Field or Desk Audit Field Inspection When the risk-level warrants, or reports indicate potential problems -Are the Conditions of Authorizations implemented (for avoidance, mitigation and offsetting of impacts)? - Are the offsetting measures working as intended? Site Visits to 10 active authorizations per year. Review of all required reports submitted by proponents. Regulatory Review Units Project-Specific Letters of Advice) Primary Monitoring Activity: Field Inspection Desk Audit Where reports or information gathered by proponents, partners or interested third-parties are available -Are the recommended avoidance and mitigations measures put in place? -Is serious harm to fish avoided? 15%-25% of all projectspecific advice provided Regulatory Review Units Self- Assessment, Standards, Best-Placed Delivery Models Field Inspection As part of joint-monitoring with partner agencies, or as part of strategic, targeted monitoring plans Desk Audit Where information provided by partners and stakeholders allows for determination of effectiveness of streamlining systems -Are partnership arrangements, streamlining processes and standards functioning as intended (to support protection of fisheries)? Approximately 5% of projects that FPP is aware of Client Liaison, Partnerships, Standards and Guidelines Units 20
Occurrences An occurrence is a reported or observed incident which is a potential violation of any Act or Regulation that fall under the mandate of the Minister Occurrence reports are received by the FPP from the general public via telephone or email, from Fishery Officers, and from other provincial or federal agencies/departments ( i.e. Provincial Department of Environment, Environment Canada) The FPP Triage &Planning unit determines the relative risk to cause serious harm posed by a given occurrence and coordinates DFO response. 21
Occurrences All are reviewed by FPP Notification/forwarding to other authorities (e.g. EC or Prov) Range of possible actions or responses (i.e. education, directives and enforcement action) Spills (e.g. oils, chemicals) should be report to the NL Spill Line (1-800-563-9089)
February 26, 2015 Client Liaison and Stakeholder Engagement
February 26, 2015 Client Liaison and Stakeholder Engagement Engage all stakeholders to educate, assist and cooperate to protect our commercial, recreational and Aboriginal fisheries resource. in the form of habitat restoration design advice related to restoration project development funding sources (Funding Helper) coordinating the regional application of the Recreational Fisheries Conservation Partnerships Program (RFCPP)
February 26, 2015 Recreational Fisheries Conservation Partnerships Program (RFCPP) the program s objective is to restore, rebuild and rehabilitate recreational fisheries habitat. The program, through contribution funding, enables proponents to manage and execute projects that restore compromised and/or threatened recreational fisheries habitat Limited to recreational fishing/angling groups, and conservation groups. An eligible recipient must be a legal entity (i.e. must have a business or charity number).
February 26, 2015 Types of Projects Stream, Lake and Floodplain Habitat Restoration Fish Access Improvements Stream Channel and Erosion Control and Stabilization Ocean Habitat Restoration and Enhancement Chemical Manipulation (Aeration, Liming)
February 26, 2015 Contribution Amounts and Funding Duration Round 5 application window expected to open soon Preference will be given to funding requests in the $20,000 to $100,000 range (per year- up to 3 years in duration). Contact For additional information please contact Blair Thorne, Biologist at (709) 772-5275; Richard Van Ingen, Coordinator - Client Liaison & Partnerships (709) 772-3478 or via email <RFCPP-PPCPR.NL@DFO-MPO.GC.CA>. Program website: http://www.dfo-mpo.gc.ca/habitat/rfcppppcpr/index-eng.asp