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Fisheries Approval, DFO Approval, Fisheries Act Authorization

Fisheries Act and Approvals from Fisheries and Oceans Canada


Projects that require approval from Fisheries and Oceans Canada – Habitat Enhancement Branch (DFO-HEB or Fisheries) are typically projects that result in Harmful Alteration, Disruption or Destruction of fish habitat (HADD) as defined under the Fisheries Act. Proponents can apply to Fisheries to obtain a permit called a Section 35(2) Authorization which allows a project that will result in a HADD to proceed subject to conditions determined by Fisheries to ensure that habitat is protected and no-net-loss of habitat occurs.

What is Required to Obtain Approval

Application to Fisheries typically involves the following steps:

Preliminary Assessment

  • Historical
  • Age of information
  • CEAA parameters
  • Relevant information on sensitive habitats
  • Aerial photograph archives
  • Expected fish use and biological conditions
  • Fisheries management plans

Site Visit

  • Determine survey area
  • Biophysical survey (map biological and physical conditions)
  • Hydrographic survey
  • Examine habitat improvement opportunities
  • Look for alternative construction sites
  • Examine coastal processes
  • Examine site exposure, hydrology, and other factors
  • Include riparian vegetation and areas of significance

Assessment

  • Create a biophysical report including species list and associated information
  • Determine effect of coastal processes, wave climate, and hydrology on biophysical conditions and possible compensation areas
  • Determine if project will result in a HADD and impacts of proposed construction activities.

Design Modifications

  • Go through fisheries review process prior to submission including alternative sites for construction, public support, etc.
  • Redesign plans to best accommodate both existing habitat conditions and requirements of proponent.

Mitigation and Compensation Design

  • Create habitat balance sheet.
  • Redesign project if possible to achieve no-net-loss
  • Determine functional compensation locations if net beu is negative.
  • Propose compensation options to improve on site fish stocks first, and alternatively present options for improvements of offsite fish stocks if onsite is not possible.

Monitoring Plan

  • Determine monitoring schedule for construction
  • Determine monitoring schedule for post-construction monitoring
  • Determine monitoring schedule for compensation monitoring

Examples of Projects Requiring Approval

There are many types of projects that require a Section 35(2) Authorization but the following are common in British Columbia:

  • Dredging
  • Float Installation
  • Dock Construction
  • Breakwater Construction
  • Launching Ramp Construction
  • Service Area Expansion
  • Underwater Reef Construction
  • Retaining Wall Construction
  • Rock Placement
  • Water Lot Lease Renual

How Long is the Review Period?

Depending on the type of approval and the complexity of the project it can take anywhere from 1 month to several years to obtain approval. Most approvals require 6 months for Fisheries to process the application.

The federal Fisheris Act is part of the Criminal Code of Canada. Failure to comply with the Fisheries Act can result in fines, remediary work, and imprisonment.

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Last updated Sept 23, 2010 by WCA.
& Chris.
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