Terms of Reference

Evaluation of the Pipelines and Associated Watercourse Crossings Fisheries Self-Assessment Tool

National Science Response Process - National Capital Region

November 2-3, 2016
Ottawa, Ontario

Chairperson: Sophie Foster

Context

The Fisheries Act was amended in 2012 to include new provisions for fisheries protection which came into force in 2013. The amended Act focuses on protection of threats to the fisheries and the habitat that supports them, while setting clear standards and guidelines for routine projects.

The Canadian Energy Pipelines Association (CEPA), in partnership with the Canadian Association of Petroleum Producers (CAPP) and the Canadian Gas Association (CGA), are revising existing Pipeline Associated Watercourse Crossings guidance (PAWC) to better align with the Fisheries Protection Program’s (FPP) new regulatory requirements and self-assessment approach. Fisheries and Oceans Canada’s (DFO) online self-assessment process outlines criteria that guide project proponents on how to determine whether a project requires a review by DFO. The Watercourse Crossings guidelines consists of a Fisheries Self-Assessment Tool (FSAT) to assist pipeline industry proponents in determining which crossings require DFO review, and which crossings do not, provided specific avoidance and mitigation measures are followed. The FSAT is designed to guide proponents to consider the types of impacts pipeline crossings may cause, measures that can be taken to identify, avoid and mitigate potential project-related effects, and prescribe measures and mitigation efforts to avoid causing serious harm to fish.  Where serious harm to fish cannot be avoided or mitigated, the FSAT guides the proponent to submit for crossing-specific review or Authorization, as required.  A companion document has been produced to provide a literature review documenting potential effects, potential mitigation measures and to identify knowledge gaps.

These Watercourse Crossings guidelines are the first national industry-lead guidelines developed under the new FPP. Ensuring that the approach used, and the guidance provided, is science/evidence-based will allow FPP to standardize an approach for guidelines development going forward.

Objectives

The objectives of this national peer review will be to:

• Determine if all potential effects of summarized activities are identified,
• Determine if the potential effects identified in the above present a risk of causing serious harm to fish  (in terms of timing, duration, intensity, etc. of effects)
• Evaluate if the best practice methods proposed are likely to avoid or mitigate impacts, and
• Identify any uncertainties or limitations and identify actions to address the uncertainties and limitations, including identification of knowledge gaps.

Expected Publication

• Science Response

Participation

• Fisheries and Oceans Canada (DFO) (e.g., Ecosystems and Oceans Science, and Ecosystems and Fisheries Management)
• Academia or Academics
• Industry (e.g., Canadian Energy Pipelines Association (CEPA), Canadian Association of Petroleum Producers (CAPP), Canadian Gas Association (CGA))
• Other invited experts