Does DFO Need to Review My Project?

Transcription

1 Working Together for Responsible Erosion & Sediment Control Workshop Does DFO Need to Review My Project? June 6, 2014 Fisheries Protection Program Department of Fisheries and Oceans

2 Amendments to the Fisheries Act came into effect as of November 25, 2013 The amendments were designed to streamline administrative processes while strengthening environmental and fisheries protection by focusing protection rules on real and significant threats to the fisheries and the habitat that supports them, while setting clear standards and guidelines for routine projects. The new Fisheries Act includes: focus on managing threats to the sustainability and ongoing productivity of Canada's commercial, recreational and Aboriginal fisheries; Provides clarity, certainty and consistency of regulatory requirements through the use of standards and regulations; and Enables enhanced partnerships to ensure agencies and organizations that are best placed to provide fisheries protection services to Canadians are enabled to do so.

3 Fisheries Act Key fisheries protection measures of the new Act are: Section 20 Fish Passage and Flows Ensuring safe passage of fish or preventing harm to fish around/over obstructions Section 35 Avoid serious harm to fish Ensuring no activity is conducted that causes serious harm to fish that are part of a commercial, recreational or Aboriginal fishery, or to fish that support such a fishery. Section 36 Pollution prevention provisions - deposition of deleterious substances (Note this section is adminstered by Environment Canada)

4 Proponent Determination: using standard guidance made available by DFO or seeking expert support Overview of Referral Process

5 How do I carry out a self-assessment of my Project Step 1: Understanding my project What am I planning to do? (e.g. private wharf, culvert installation/replacement, bridge installation ) How do I plan to do it? (e.g. Wharf: floating, post dock, crib wharf, concrete ) What activities/works will be associated with my project (e.g. dredging, infilling, fording, stream realignment ) What is the size of my project? Where is my project taking place? (e.g. Freshwater or marine, shoreline/coastline above the high-water mark, shoreline coastline below the high-water mark, pond, lake, river or stream)

6 How do I carry out a self-assessment of my Project Step 2: Access the DFO: Projects Near Water Website ( 2a. Types of Waterbodies Where DFO Review is Not Required Approved Marine disposal or dumping sites that have been used in the past 10 years Tailings Impoundment Areas Artificial waterbodies that are not connected to a waterbody that contains fish at any time during any given year, such as: Commercial ponds (e.g., golf course ponds, stocked fishing ponds) Stormwater management ponds Irrigation ponds or channels Agricultural drains and drainage ditches Roadside drainage ditches Quarries and aggregate pits Any other waterbody that does not contain fish at any time during any given year

7 How do I carry out a self-assessment of my Project Step 2: Access the DFO: Projects Near Water Website ( 2b. Project Activities and Criteria Where DFO Review is Not Required Bridges, Causeways and Culverts Cottages, Boating and Recreation Harbours and Marine Commercial Activities Drainage, Flood Control, Stormwater and Wastewater Management Flow Management Water Diversion and Dewatering Water Taking Other Activities Cont

8 How do I carry out a self-assessment of my Project Measures to Avoid Causing Harm to Fish and Fish Habitat Project Planning Erosion and Sediment Control Shoreline Re-vegetation and Stabilization Fish Protection Operation of Machinery Cont

9 Submitting my Application There are two types of applications that may be submitted to DFO: 1. Request for Review a review of your project by a DFO to determine if the project will cause serious harm to fish. Proponent must: 1. Explain the project; 2. Describe the project environment; 3. List mitigations to avoid causing serious harm to fish. 2. Application for Authorization you have determined that your project will cause serious harm to fish that are part of or that support a commercial, recreational or Aboriginal fishery. 3. Submit your application to: Fisheries Protection Program FPP-NL@dfo-mpo.gc.ca