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Administration and Enforcement of the Fish Habitat Protection and Pollution Prevention Provisions of the Fisheries Act

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Administration and Enforcement of the Fish Habitat Protection and Pollution Prevention Provisions of the Fisheries Act Fisheries and Oceans Pêches et Océans 1+1 Canada Canada nnntial Report tu Parliament on the Administration and Enforcement of the Habitat leanagement and Fish liabitat Protection Environmental Science airec.torate for the period of and Pollution Prevention Provisions of the April 1, 1999 to Asherfés Act March 31, 2000 CanadU ADMINISTRATION AND ENFORCEMENT OF THE FISH HABITAT PROTECTION AND POLLUTION PREVENTION PROVISIONS OF THE FISHERIES ACT ANNUAL REPORT 1999-2000 r--Depertment of Fishetebs & °tears* library OCT 4 2001 Ministère des Pèches ei Oceans des OTTAWA Published by: Comrnünications Branch Fisheries and Oceans Canada Ottawa, Ontario KlA 0E6 - ©Her Majesty the Queen in Right of Canada 2001 Cat. No. Fs1-57/2000 ISBN 0-662-66001-3 Internet site: http://www.dfo-mpo.gc.ca/publication e.htm#oceans fik Printed on recycled paper îti Minister of Ministre des Fisheries and Oceans Pêches et des Océans Ottawa, Canada KlA 0E6 SEP • - 4 2001 Her Excellency The Right Honourable Adrienne Clarkson, C.C., C.M.M, C.D. Governor General of Canada Rideau Hall Ottawa, Ontario K1A 0A1 May it please Your Excellency: Pursuant to section 42.1 of the Fisheries Act, I hereby submit to Your Excellency and the Parliament of Canada, the Annual Report on the administration and enforcement of the habitat protection and pollution prevention provisions of the Fisheries Act for the fiscal year ended March 31, 2000. Yours sincerely, 7412- The Honourable Herb Dhaliwal, P.C., M.P. End. Canadâ TABLE OF CONTENTS Parti Introduction 1.1 Legislative Basis for the Conservation and Protection of Fish Habitat 1 1.2 Policy for the Management of Fish Habitat 2 1.3 The National Habitat Management Program 4 1.4 Renewal of the National Habitat Management Program 4 Part 2 Results in Fiscal Year 1999-2000 2.1 Regulatory 6 2.1.1 Review of Development Referrals 6 2.1.2 Environmental Assessments (EA) of Major Projects 9 2.1.3 Compliance and Enforcement of the Habitat Protection Provisions 13 2.1.4 Administration and Enforcement of the Pollution Prevention Provisions 15 2.1.5 Regulations, Policies and Guidelines 19 2.2 Freshwater and Oceans Planning 21 2.3 Habitat Enhancement 23 2.4 Community Outreach and Stewardship 26 2.5 Scientific Support 29 2.6 Information Management 32 2.7 Program Management 34 Annexes Annex 1 Habitat Protection and Pollution Prevention Provisions, Fisheries Act 36 Armex 2 National Fish Habitat Management Program 37 Annex 3 Pacific Region 45 Armex 4 Central and Arctic Region 61 Annex 5 Laurentian Region 79 Annex 6 Maritimes Region 91 Annex 7 Newfoundland Region 103 Armex 8 Administration and Enforcement of Pollution Prevention Provisions by Environment Canada 114 Tables Table 1 Summary of Habitat Referrals 7 Table 2 Authorisations and Advice Provided 8 Table 3 Habitat - CEAA Environmental Assessments 10 Table 4 Environment Assessments of Major Projects 13 Table 5 Summary of DFO Enforcement Activities 15 Table 6 Convictions Reported Under the Fisheries Act 15 Figures Figure A. 2.1 The Future Direction of DFO's National Habitat Management Program 38 Figure A. 2.2 Key Activities for Habitat Management in Canada 40 Figure A. 2.3 From Program Activities to Measurable Results 41 Figure A. 8.1 Comparison of Distribution of Environment Canada Inspections, by Regulations Type 116 1999-2000 Annual Report to Parliament on the Administration and Enforcement of the Fish Habitat Protection and Pollution Prevention Provisions of the Fisheries Act. Part 1 Introduction Section 42.1 of the Fisheries Act l requires that the Minister of Fisheries and Oceans provide an annual report to Parliament on the administration and enforcement of the habitat protection and pollution prevention provisions of the Fisheries Act. This document constitutes the report for the fiscal year (FY) 1999-2000 (April 1, 1999 to March 31, 2000). This introductory section provides background on the legal basis for the conservation and protection of fish habitat, and on the scope and objectives of the fish habitat management policies and program of the Department of Fisheries and Oceans (DFO). The rest of the report reviews initiatives of DFO' s National Habitat Management Program in attaining the objectives and goals of the Policy for the Management of Fish Habita?. National and regional activities are reported under the seven activities of the program's evolving performance management framework: • Regulatory Activities; • Freshwater and Oceans Planning; • Habitat Enhancement; • Community Outreach and Stewardship; • Scientific Support; • Information Management; and • Program Management. 1.1 Legislative Basis for the Conservation and Protection of Fish Habitat The federal government fulfils its constitutional responsibilities for "seacoast and inland fisheries" through the Fisheries Act. The Act contains provisions allowing the federal government to make decisions for the conservation and protection of fish habitat essential to sustaining Canada's freshwater and marine fisheries resources, Canadian commercial and recreational fisheries, and Aboriginal fisheries. Other provisions of the Fisheries Act authorise the Minister to appoint inspectors and analysts, describe inspectors' powers (including entry, search, and direction of preventive, corrective or cleanup measures), describe offences and punishment, and determine liability when a deleterious substance has been deposited. (See Annex 1 for a summary of the Act's key provisions.) 1 See < http: //laws justice. gc.ca/en/F-14/52031.html > 2 The full text of the Policy for the Habitat Management of Fish Habitat can be found at < http://www.dfo-mpo.gc.ca/habitatipolicy/english/index e.htm > 1 1999-2000 Annual Report to Parliament on the Administration and Enforcement of the Fish Habitat Protection and Pollution Prevention Provisions of the Fisheries Act. Under the Fisheries Act, fish habitat is defined as "spawning grounds and nursery, rearing, food supply and migration areas on which fish depend directly or indirectly in order to carry out their life processes." The Fisheries Act is considered to be one of the strongest pieces of Canadian legislation that can be applied for the protection of the aquatic environment. It contains a number of provisions to protect the physical attributes of fish habitat (habitat protection provisions) and the control of pollution of fish habitat (pollution prevention provisions). The Habitat Protection and Pollution Prevention Provisions of the Fisheries Act are listed in Armex 1. Section 3_5, the key habitat protection provision of the Act, prohibits any work or undertaking that would cause the harmful alteration, disruption or destruction of fish habitat, unless authorised by the Minister of Fisheries and Oceans: (1) "No person shall carry on any work or undertaldng that results in the harmful alteration, disruption or destruction of fish habitat." (2) "No person contravenes subsection (1) by causing the alteration, disruption or destruction of fish habitat by any means or under any conditions authorised by the Minister or under regulations made by the Governor in Council under this Act." s.35, Fisheries Act. Section 36, the key pollution prevention provision, prohibits the deposit of deleterious substances into waters frequented by fish, unless authorised by regulation under the Fisheries Act or other federal regulation. The administration of the pollution prevention provisions of the Fisheries Act is the responsibility of Environment Canada. This section also provides the authority to designate substances as "deleterious", to set limits for their discharge, to create regulations, and to designate those who can make site-specific authorisations and the conditions under which these authorisations may be granted. Regulations to authorise certain deposits have been established pursuant to s.36 (e.g., pulp and paper, metal mining effluents). (3) "Subject to subsection (4), no person shall deposit or permit the deposit of a deleterious substance of any type in water frequented by fish or in any place under any conditions where the deleterious substance or any other deleterious substance that results from the deposit of the deleterious substance may enter any such water." s.36, Fisheries Act. 1.2 Policy for the Management of Fish Habitat The Policy for the Management of Fish Habitat (the Habitat Policy) established in 1986, provides the policy framework for the administration and enforcement of the broad powers mandated in the habitat provisions of the Fisheries Act in a manner consistent with the concepts of sustainable development and ecosystem management. The overall objective of the Habitat 2 1999-2000 Annual Report to Parliament on the Administration and Enforcement of the Fish Habitat Protection and Pollution Prevention Provisions of the Fisheries Act. Policy is to "increase the natural productive capacity of habitats for the nation's fisheries resources" (i.e., to achieve a "net gain" in fish habitat) through the conservation, restoration and development of fish habitat. The Policy provides eight broad strategies to support achieving the objectives and goals of the Habitat Policy. These strategies are: Protection and Compliance; Integrated Resource Planning; Scientific Research; Public Consultation; Public Information and Education; Cooperative Action; Habitat Improvement; and Habitat Monitoring. The Habitat Policy emphasises the importance of integrated planning to ensure that fish habitat plans are implemented with sufficient knowledge of current and future demands of other
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