Fisheries and Oceans Canada Fisheries Protection Program

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1 Fisheries and Oceans Canada Fisheries Protection Program CN Milton Logistics Hub CEAA Panel Information Sessions Presentation March

2 Presentation Outline Responsibilities under the Fisheries Act and Species at Risk Act Role in the environmental assessment of the CN Milton Logistics Hub project Interaction with other organizations 2

3 Fisheries Act & Fisheries Protection Program The Fisheries Act and, more specifically, its fisheries protection provisions, establish authorities for the protection of commercial, recreational and Aboriginal fisheries. FPP has responsibilities in relation to CEAA reviews 3

4 Serious harm to fish These authorities include the prohibition against carrying out projects that result in serious harm to fish and the powers related to fish passage and flow. No person shall carry on any work, undertaking or activity that results in serious harm to fish that are part of a commercial, recreation or Aboriginal fishery, or to fish that support such a fishery. The Fisheries Act definition of serious harm to fish is the death of fish, or any permanent alteration to, or destruction of, fish habitat Authorization: DFO may authorize, with conditions, a work, undertaking or activity that results in serious harm to fish 4

5 Fisheries Act - Policies Fisheries Protection Policy Statement Fisheries Productivity Investment Policy: A Proponent s Guide to Offsetting 5

6 Species at Risk Act (SARA) Provides legislated protection for wildlife species at risk and their critical habitats DFO responsible for protection of aquatic species at risk Once a species is listed as threatened, endangered or extirpated, a number of prohibitions come into force 6

7 SARA No aquatic species designated endangered, threatened under SARA in the project area Therefore no prohibitions under SARA 7

8 Canadian Environmental Assessment Act, 2012 DFO s expertise: Fish Fish habitat Mitigation and avoidance measures 8

9 Proposed Works DFO will be reviewing the proposed project to determine impacts on fish and fish habitat for works, undertakings or activities conducted in or near waterbodies that are part of or support a commercial, recreational or Aboriginal fishery Indian Creek Tributary A and existing on-line pond Tributary B Tributary C 9

10 DFO review to consider: Is the realignment likely to result in a localized effect to fish populations or fish habitat in the vicinity of the project. Localized effects may also lead to more widespread impacts on fish and fish habitat and, in turn, affect the ability of the area to produce fish. What fish species are present? i.e., forage fish vs. large bodied fish, SAR species What is the value of the existing habitat? i.e., existing specialized habitat features Type of watercourse? i.e., permanent or intermittent, cool water vs. warm water 10

11 DFO review to consider: What will the new channel look like? i.e., natural channel design, channel stability, connectivity, etc. How will works be carried out? What mitigation will be implemented to avoid and /or mitigate impacts? What are impacts of removal of on-line pond? Ensures maintenance of fish passage and flows Culvert replacements/installations Bank stabilization 11

12 Proposed Works Channel realignments likely result in the destruction of fish habitat since the existing habitat is permanently lost serious harm to fish New channels can be designed and constructed to minimize impacts and can enhance habitat features DFO will work with proponent on this Construction can be undertaken in a way to minimize impacts to fish and fish habitat DFO will work with proponent on this 12

13 Authorization process Authorizations may be considered for projects that are likely to result in serious harm to fish Formal process for applying for authorizations, after CEAA decision 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 13

14 Offsetting The proponent will be responsible for creating effective measures to offset serious harm to fish Offsetting measures are designed to counterbalance unavoidable serious harm to fish to maintain or improve the productivity of the fishery Offsetting measures can take a variety of forms ranging from localized improvements to fish habitat to more complex measures to address factors limiting fish production Offsetting measures are also enforceable conditions 14

15 Monitoring and Follow-up DFO will review and provide comments on monitoring and follow-up Monitoring conditions are included in FA Authorizations The proponent is responsible for ensuring that offsetting and mitigation is functioning as intended for a number of years (3 to 5+ years) If offsetting and mitigation is NOT functioning as intended, the proponent is responsible for adapting their plans 15

16 Interaction with Others Consultation with Indigenous Groups Discussions and collaboration with other federal and provincial departments and regional agencies/organizations Consideration of available fisheries management objectives and local restoration priorities Engagement with the proponent on Fisheries Act requirements and DFO s policies 16

17 Thank You 17

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