Terms of Reference

Science advice to the Fish and Fish Habitat Protection Program on estimating impacts and offsets for death of fish

National Advisory Meeting – National Capital Region

April 12-16, 2021, 11-3:30pm (EST)
Virtual meeting

Chairperson: Keith Clarke

Background Context

The Fish and Fish Habitat Protection Program (FFHPP) has requested science advice on: 1) potential consequences and how to quantify impacts from works, undertakings or activities (WUAs), other than fishing, that cause the death of fish; and 2) ways that death of fish can be offset.

Legislative Context

Works, undertakings or activities that are likely to cause the death of fish, including impacts to aquatic species at risk, would contravene the Fisheries Act and/or the Species at Risk Act unless otherwise authorized. Before considering whether to issue an authorization under the Fisheries Act, the Minister must consider several factors, such as:

• Factor 34.1(1)(a) ‒ the relative contribution of the affected fish and their habitat to the productivity of the relevant fisheries;
• Factor 34.1(1)(b) – relevant fisheries management objectives;
• Factor 34.1(1)(c) ‒ whether there are measures and standards to avoid, mitigate or offset the death of fish;
• Factor 34.1(1)(d)‒ the cumulative effects of the WUA in combination with other WUAs that have been or are being carried on; and
• Factor 34.1(1)(e) ‒ any fish habitat banks that may be affected.

If aquatic species at risk are also affected by a WUA^{Footnote 1}, the Species at Risk Act also establishes that the WUA must not jeopardize the survival or recovery of the species.

Death of Fish

The Department applies a risk-based approach to determine the likelihood and severity of potential impacts to fish and fish habitat that could result from the carrying on of a WUA. In doing so, the Department is guided by various principles, such as the precautionary approach and the ecosystem approach, and considers a number of criteria, including species likely to be affected, and the frequency, duration, magnitude, and extent of a WUA that can lead to the death of fish.

FFHPP authorizes many activities that can lead directly or indirectly to the death of fish. The magnitude of residual mortality (i.e. the death of fish that cannot be avoided and/or mitigated) from these events and ongoing operations can vary greatly, from a few fish of a single species, to a large multi-species mortality event.

FFHPP is seeking advice on potential consequences and how to quantify impacts from WUAs, other than fishing, that cause the death of fish and ways that death of fish associated with these WUAs can be offset. For offsetting, this includes advice on how to offset for WUAs that could result in the death of fish, information on this type of offsetting in domestic and international jurisdictions, and a summary of mechanisms and effectiveness of these practices should the information be available.

Objectives

Participants will review Working Paper(s) and other information to address the following questions:

1. What approaches can be used to quantify the impacts of WUA-related residual mortality, and associated offsetting requirements? 
1. What are the advantages and limitations of the different approaches?
2. What determines local fish population or community responses to WUA-related residual mortality?
1. Does the effect on local fish populations or communities change with respect to when and how frequently fish are killed?
2. What criteria should be considered when quantifying or describing impacts from WUA-related residual mortality?
3. What are the current domestic and international practices for offsetting the effects of WUA-related residual mortality?
1. What are the options for offsetting WUA-related residual mortality?
2. What is the effectiveness of the available offsetting options?
3. What are the rationales for selecting certain offsetting options?

It is expected that this process will also have synergy with other current CSAS processes focused on freshwater habitat science advice, namely revisiting Pathways of Effects and understanding cumulative effects across freshwater landscapes.

Expected Publications

• Science Advisory Report
• Research Document(s) 
• Proceedings

Expected Participation

• Fisheries and Oceans Canada (Ecosystems and Oceans Science, Fish and Fish Habitat Protection Program, Fisheries Management, Species At Risk Program)
• Academia
• Other invited experts