2. 2
Workshop Objectives
ď§ Building partnership with you to ensure a healthy Shuswap watershed
ď§ Share information on process for working near Shuswap Shorelines
ď§ Establish a common understanding of expectations when working near
shorelines
3. 3
Agenda
Shuswap Shoreline Information 15 minutes
Shoreline Management Guidelines 1 hour
Riparian Area Regulations 30 minutes
Update on Okanagan Protocol 10 minutes
Question and Answers 35 minutes
4. 4
SLIPP Website: New Shoreline Page www.slippbc.com
Observed a
shoreline
violation? Report
it to the RAPP Line
5. 5
The Importance of Shorelines
ď§ The shoreline areas of the Shuswap watershed are critical to:
â Sustainability and liveability of the region
â Economic opportunities
â Fish and wildlife populations
â Water quality for drinking and recreation
ď§ Shorelines are unique ecosystems that have developed over thousands of years
ď§ We all share the responsibility for keeping our shorelines healthy
6. 6
Shuswap Restoration Project
Strategic shoreline restoration is a key element of SLIPPâs Strategic Approach
ď§ What will it achieve?
â Restore shorelines
â Raise awareness and educate
â Deter future shoreline contraventions and promote voluntary compliance
ď§ Shoreline sites identified for restoration in 2012, based on:
â Impact on high-value habitats
â Trespass on Crown Land
â No work on private property
ď§ Aim for voluntary compliance
ď§ 2 restoration phases: Spring and Fall 2012
12. 12
Shuswap Restorations
â˘Guilty plea by Old Town
Bay development
â˘Settlement of $375,000
for illegally altering fish
habitat:
â˘$300,000 for restoration
â˘$5000 fine
â˘$70,000 to FBC for
SLIPP
â˘Site preparation and
fencing complete and
planting will be
completed in spring 2012
RESULT
RESULT
15. 15
Working Around Water in the Shuswap:
An Overview for Environmental Professionals
Presented by:
Bruce Runciman
Fisheries and Oceans Canada
16. 16
Presentation Objectives
Describe the importance of shoreline areas to the Shuswap Lake
system
Describe the expectations of SLIPP members for work in and near
shorelines of the Shuswap Lake system
17. 17
What are shoreline areas?
Shoreline areas include:
⢠Foreshore areas between the high water mark and the edge of the littoral zone
(approximated by the 6 m depth contour at low water)
⢠Riparian areas within 30 m of the high water mark
With rare exceptions, foreshore areas are Crown land and a public resource,
not private property
Floodplain areas are important for water quality, fish and wildlife habitat
and flood control
Shoreline areas are the most sensitive and heavily utilized part of the lake
18. 18
What makes for a healthy shoreline?
Features of Healthy,
Sustainable Shorelines
⢠Functional riparian areas
⢠Functional wetland and floodplain
areas
⢠Functional fish and wildlife
habitats
⢠Safe drinking water intakes
⢠Effective waste and storm water
management
versus
19. 19
What do fish and wildlife need?
Shoreline Fish and Wildlife
Habitats
⢠Spawning Areas
(both shore and
stream)
⢠Juvenile Rearing
/Food Supply Areas
⢠Migration Corridors
⢠Nesting / Mating /
Wintering Areas
⢠Clean, cool water
⢠Functional,
interconnected
riparian areas,
wetlands, and
floodplains
versus
21. 21
Extent of Shoreline Development
0
20000
40000
60000
80000
100000
120000
140000
160000
180000
200000
High Moderate Low None
Level of Impact
ShoreLength(m)
Shuswap Lake
Level of Impact km %
High 174 43
Moderate 71 17
Low 128 31
None 33 8
22. 22
Extent of Shoreline Development
Level of Impact km %
High 8.3 10
Moderate 4.8 5
Low 24.5 30
None 44.4 55
23. 23
Types of Shoreline Development
0 20000 40000 60000 80000 100000 120000 140000
Agriculture
Commercial
Conservation
Forestry
Institutional
Multi Family
Natural Area
Park
Recreation
Rural
Single Family
Urban Park
Transportation
Inudustrial
LandUseType
Shorelength (m)
Natural Shoreline Disturbed Shoreline
Shuswap Lake
24. 24
Rate of Shoreline Development and Cumulative Effects
Rate of Change: 0.5 - 2.0% per year
Likely similar in other areas experiencing rapid
high rates of development
May exceed capacity of fish species and
populations to adapt, posing risk of significant
habitat-related harm
Okanagan
Lake
Residential Development â Shuswap Lake
25. DFO
Integrated Land
Management
Bureau -
MFLNRO
Interior Health
Environmental
Protection -
MFLNRO
Water Stewardship
- MFLNRO
Dept of
Transportation â
Marine Safety â
Navigable Waters
Protection
Whoâs Managing Shoreline Areas?
How Are They Doing It?
How Are They Perceived to be Doing It?
Fish & Wildlife -
MFLNRO
Front Counter BC Environmental
Stewardship -
MFLNRO
Ministry of
Transportation
Dept of
Transportation â
Marine - Office of
Boating Safety
South Shuswap
Parks
Commission
TNRD
CSRD
NORD
Incorporated
Areas
RCMP
Environment
Canada
BC Parks
First Nations
Dept. of
Aboriginal Affairs
&
N. Development
27. 27
SLIPP Foreshore Development Work Stream
Foreshore Inventory and Mapping, Aquatic Habitat Index and
Shoreline Management Guidelines
⢠Support the SLIPP foreshore development goal of development that respects the
environment as well as economic and social interests
⢠Support SLIPP foreshore development strategies of:
â˘comprehensive foreshore area site sensitivity mapping
â˘managing cross-agency development applications and lake issues
â˘improving the development application review process
â˘creating a model for assessing cumulative impact
⢠Integrate regulation and policy requirements for protection of fish habitat with
best available habitat information
28. 28
Planning a Project near Shuswap Shorelines?
versus
Key Steps to Follow:
⢠Contact your Local Government and Front Counter BC
⢠Consult a Qualified Environmental Professional
⢠Follow the Shoreline Management Guidelines
29. 29
Shoreline Management Process for BC Lakes
versus
Step 1
Foreshore Inventory and Mapping: Provides a biophysical and habitat modification
inventory of the shoreline
Step 2
Aquatic Habitat Index: Provides an environmental sensitivity analysis of the shoreline,
using existing biological data (e.g., shore spawning locations) and the FIM database
Step 3
Shoreline Management Guidelines: Provide design and assessment standards for
development activities based on the level of risk they pose to natural shoreline
features
31. 31
Shoreline Management Guidelines
versus
What are they?
⢠Guidance to proponents, professionals, contractors, agencies and other stakeholders
regarding design and assessment standards for development activities that may
affect fish habitat
⢠A tool for inter-agency planning and streamlining of development applications
What are the benefits?
⢠Allow low risk development activities to proceed without fish habitat review
provided best practices are applied.
⢠Allow moderate risk development activities to proceed without fish habitat review
provided a qualified professional certifies no harm to fish habitat
⢠Provide a coherent and predictable process for planning and undertaking works that
may affect fish habitat on the Shuswap Lake system
32. 32
Key Steps in Shoreline Management Guidelines
versus
Step 1
Identify the âAquatic Habitat Indexâ and any âSensitive Site Typesâ for the property
Step 3
Step 2
Identify the âActivity Risk Ratingâ for the proposed activity
Identify design, assessment and review process for the proposed activity
Step 4
Follow process outlined through SMG. Questions? Ask FrontCounter BC or your QEP
34. 34
Shoreline Management Guidelines: SWARM
Boat Launches
Construction of new hard
surface boat launch or
repair/upgrade of existing
hard surface boat launch
without land tenure
VH VH VH H H H
Docks
Design and Assessment Flow Chart for Private Moorage
on the System5
Water Withdrawal and Use
Waterline - directional
drilling
H H M
DFO Pacific : Directional
Drilling2
Waterline - open
excavation
VH VH VH H M L6
Activity
Activity Risk by Spawning Location and Rank1
Known Char
or Sockeye
Spawning
(9.6% of total
shore length,
2.6% in
Moderate and
Low ) 1
Very High
(13% of total
shore
length
High
(34% of total
shore length)
Moderate
(38% of total
shore
length)
Low
(14% of total
shore
length)
Very
Low
(0.7% of
total
shore
length)
SWARM = Shuswap Watershed Activity Risk Matrix
35. 35
Shoreline Management Guidelines: SWARM
Low Risk Activities
⢠Pose low risk of harm to fish habitat.
⢠Harm to fish habitat can usually be prevented if
experienced contractors complete works following
endorsed best management practices.
⢠Supervision of works by a qualified environmental
professional is recommended to ensure harm to fish
habitat does not occur.
⢠DFO review is not required if works follow endorsed
best management practices referenced in activity-
specific footnotes to Table 1.
⢠Project proponents are responsible for ensuring that
they comply with fish habitat protection provisions of
Fisheries Act. section 35(1) (see
http://laws.justice.gc.ca/en/F-14/index.html).
⢠Notify DFO 10 working days before starting works by
submission of a completed Project Review Application
Form to the BC Interior South Referral Centre at
ReferralsKamloops@dfo-mpo.gc.ca, selecting
âNotification to DFOâ in (see http://dev-
public.rhq.pac.dfo-mpo.gc.ca/habitat/steps/praf/form-
formulaire-eng.pdf). Include a cover letter describing
how it was determined that works could proceed without
DFO review, specifically referencing Table 1, as
applicable.
Moderate Risk Activities
⢠Pose moderate risk of harm to fish habitat.
⢠Some works will require authorization under section 35(2) of the Fisheries Act to
legally proceed.
⢠Harm to fish or fish habitat can usually be prevented if appropriate relocation,
redesign and mitigation measures are implemented.
⢠Professional planning and assessment is required; costs to the proponent may be
high.
⢠Mitigation and compensation costs to the proponent may be high.
⢠DFO review is not required if a qualified environmental professional certifies
and documents that harm to fish habitat will not occur if works proceed as
planned; notify DFO 10 working days before starting your work by
submission of a completed Project Review Application Form to the BC
Interior South Referral Centre at ReferralsKamloops@dfo-mpo.gc.ca,
selecting âNotification to DFOâ in Box 1 (see http://dev-public.rhq.pac.dfo-
mpo.gc.ca/habitat/steps/praf/form-formulaire-eng.pdf) and including
certification of no harm to fish habitat by a qualified environmental
professional.
⢠DFO review is required if a qualified environmental professional cannot certify and
document that harm to fish habitat will not occur if works proceed as planned:
submit a completed Project Review Application Form and Aquatic Effects
Assessment to the BC Interior South Referral Centre at ReferralsKamloops@dfo-
mpo.gc.ca, selecting âRequest for Project Reviewâ or âRequest for a Fisheries Act
Authorizationâ in Box 1 (see http://dev-public.rhq.pac.dfo-
mpo.gc.ca/habitat/steps/praf/form-formulaire-eng.pdf).
36. 36
Shoreline Management Guidelines: SWARM
High Risk Activities
⢠Pose high risk of harm to fish habitat.
⢠Many works will require authorization under section
35(2) of the Fisheries Act to legally proceed.
⢠Include significant challenges to prevention of harm
through relocation, redesign and mitigation measures or
to compensation for fish habitat losses that may occur.
⢠Professional planning and assessment is required;
costs to the proponent may be high.
⢠Mitigation and compensation costs to the proponent
may be high.
⢠DFO review is required: submit a completed Project
Review Application Form and Aquatic Effects
Assessment to the BC Interior South Referral
Centre at ReferralsKamloops@dfo-mpo.gc.ca,
selecting âRequest for Project Reviewâ or âRequest
for a Fisheries Act Authorizationâ in Box 1 (see
http://dev-public.rhq.pac.dfo-
mpo.gc.ca/habitat/steps/praf/form-formulaire-
eng.pdf).
Very High Risk Activities
⢠Pose very high risk of harm to fish habitat.
⢠Most works will require authorization under section 35(2) of the Fisheries Act
to legally proceed.
⢠Include significant challenges to prevention of harm through relocation,
redesign and mitigation measures or to compensation for fish habitat losses
that may occur.
⢠Professional planning and assessment is required; costs to the proponent
may be high.
⢠Mitigation and compensation costs to the proponent may be high.
⢠DFO review is required: submit a completed Project Review Application
Form and Aquatic Effects Assessment to the BC Interior South Referral
Centre at ReferralsKamloops@dfo-mpo.gc.ca, selecting âRequest for
Project Reviewâ or âRequest for a Fisheries Act Authorizationâ in Box 1
(see http://dev-public.rhq.pac.dfo-mpo.gc.ca/habitat/steps/praf/form-
formulaire-eng.pdf).
⢠DFO may determine the risk of harm to fish habitat is unacceptable and
not grant Fisheries Act, section 35(2) authorization.
38. 38
Important Considerations
⢠Operational Statements and Best Management Practices rely on proven mitigative
measures and/or professional oversight to prevent harm to fish habitat
⢠As an engineer or geoscientist, you are to ensure that your designs consider fish and fish
habitat values at the work location. If in doubt, include a QEP on the project team
⢠As a QEP, you are expected to have working knowledge of fish and fish habitat values,
environmental impact assessment standards and mitigation practices and to certify that
proposed works will not cause harm to fish or fish habitat unless a Fisheries Act
authorization will be sought
⢠Important Considerations
⢠Have you considered important fish and fish habitats identified in the FIM?
⢠Have you met minimum information standards for the various SLIPP agencyâs
notification, review or authorization?
39. 39
Example 1 â Open Excavation Waterline
in a Very Low Habitat Value Area
Subject Property
40. 40
Example 1 â Open Excavation Waterline
in a Very Low Habitat Value Area
Water Withdrawal and Use
Waterline - directional
drilling
H H M
DFO Pacific : Directional
Drilling2
Waterline - open
excavation
VH VH VH H M L6
Activity
Activity Risk by Spawning Location and Rank1
Known Char
or Sockeye
Spawning
(9.6% of total
shore length,
2.6% in
Moderate and
Low ) 1
Very High
(13% of total
shore
length
High
(34% of total
shore length)
Moderate
(38% of total
shore
length)
Low
(14% of total
shore
length)
Very
Low
(0.7% of
total
shore
length)
6. DFO supports installation of waterlines by experienced contractors using open excavation (i.e.
trenching) techniques in shoreline segments of Very Low AHI rank because harm to fish habitat can
be avoided in these areas by following Operational Best Practices detailed in the BC Ministry of
Environment document Best Management Practices for Installation and Maintenance of Water Line
Intakes (see http://www.env.gov.bc.ca/wld/documents/bmp/BMPIntakes_WorkingDraft.pdf).
41. 41
Example 1 â Open Excavation Waterline
in a Very Low Habitat Value Area
42. 42
Example 2 â Joint-planted Rock Retaining Wall
in a Moderate Habitat Value Area
Subject Property
43. 43
Example 2 â Joint-planted Rock Retaining Wall
in a Moderate Habitat Value Area
Erosion Control and Foreshore
Sediment Control Structures
New groyne construction or
maintenance of existing groyne
VH VH VH VH H H
Erosion control (e.g. concrete, rip
rap, vegetation, etc.)
Design and Assessment Flow Chart for Lakeshore Erosion Control on the
System5
Activity
Activity Risk by Spawning Location and Rank1
Known Char
or Sockeye
Spawning
(9.6% of total
shore length,
2.6% in
Moderate and
Low ) 1
Very High
(13% of total
shore
length
High
(34% of total
shore length)
Moderate
(38% of total
shore
length)
Low
(14% of total
shore
length)
Very
Low
(0.7% of
total
shore
length)
44. 44
Example 2 â Joint-planted Rock Retaining Wall
in a Moderate Habitat Value Area
45. 45
Example 2 â Joint-planted Rock Retaining Wall
in a Moderate Habitat Value Area
46. 46
Example 2 â Joint-planted Rock Retaining Wall
in a Moderate Habitat Value Area
1
Indicators of lakeshore erosion include large areas of bare soil and steep, high banks at the high water mark (HWM), noticeable
recession of the HWM over a period of time, leaning or downed trees with exposed roots at the HWM, large patches of muddy
water at the lake margin during high water and large deposits of eroded soil on the lakeshore following high water.
2
Erosion-related risks include loss of property and damage or loss of nearshore structures.
3
Maintenance of an existing work is limited to replacement of less that one half of an existing erosion control structure on its
existing foundation and must not include any lakeward extension of the existing structure or backfill.
4
On Shuswap Lake, the 1-in-5 year flood level has been calculated to correspond with an elevation of 348.7 m GSC. For Little
Shuswap and Mara Lakes, the 1-in-5 year flood level has been extrapolated as 348.0 m GSC and 348.8 m GSC, respectively.
47. 47
Example 2 â Joint-planted Rock Retaining Wall
in a Moderate Habitat Value Area
5
Many lakeshore erosion protection options are available, including planting of native trees and shrubs, planting of native trees and shrubs
through a biodegradable erosion control blanket, planting of native trees and shrubs within the joints of a rock matrix and hard armouring
techniques. Additional information is provided in the BC Ministry of Environment document Best Management Practices for Lakeshore
Stabilization (see http://www.env.gov.bc.ca/wld/documents/bmp/BMPLakeshoreStabilization_WorkingDraft.pdf)
6
Applicable Operational Best Practices are detailed in the BC Ministry of Environment document Best Management Practices for Lakeshore
Stabilization (see http://www.env.gov.bc.ca/wld/documents/bmp/BMPLakeshoreStabilization_WorkingDraft.pdf)
7
Known shore spawning locations are illustrated in Attachment I and on the Community Mapping Network (http://www.cmnbc.ca).
48. 48
Example 3 â Private Floating Dock Outside
Mapped Sensitive Site Types
Subject Property
49. 49
Example 3 â Private Floating Dock Outside
Mapped Sensitive Site Types
Docks
Design and Assessment Flow Chart for Private Moorage
on the System5
Activity
Activity Risk by Spawning Location and Rank1
Known Char
or Sockeye
Spawning
(9.6% of total
shore length,
2.6% in
Moderate and
Low ) 1
Very High
(13% of total
shore
length
High
(34% of total
shore length)
Moderate
(38% of total
shore
length)
Low
(14% of total
shore
length)
Very
Low
(0.7% of
total
shore
length)
50. 50
Example 3 â Private Floating Dock Outside
Mapped Sensitive Site Types
51. 51
Example 3 â Private Floating Dock Outside
Mapped Sensitive Site Types
52. 52
Example 3 â Private Floating Dock Outside
Mapped Sensitive Site Types
1
Sensitive site types include
mapped: (a) shore spawning
sites, (b) high-value rearing
sites, (c) vegetated foreshore
areas, and/or (d) stream
deltas (see Attachment I or
the Community Mapping
Network
(http://www.cmnbc.ca)).
Floating Dock:
Less than 24 square meters in
total surface area.
Less than 3 meters wide.
Decking constructed or
spaced to allow light
penetration to foreshore areas
under the dock.
Floats discontinuous and
spaced at least 1-meter apart
so at least one-third of the
dock is free of floats.
Maintained in water depth of
1.5 meters or greater at all
times.
If annually removed from the
water, this must be completed
without disturbance of the lake
foreshore.
No permanent physical link to
shore (e.g. piles or decks);
retractable walkways
acceptable.
Floating Dock:
Less than 24 square meters in
total surface area.
Less than 3 meters wide.
Decking constructed or
spaced to allow light
penetration to foreshore areas
under the dock.
Floats discontinuous and
spaced at least 1-meter apart
so at least one-third of the
dock is free of floats.
Maintained in water depth of
1.5 meters or greater at all
times.
If annually removed from the
water, this must be completed
without disturbance of the lake
foreshore.
No permanent physical link to
shore (e.g. piles or decks);
retractable walkways
acceptable.
54. 54
Example 4 â Strata Marina
in a High Habitat Value Area
Marinas
Design and Assessment Flow Chart for Commercial and
Strata Moorage on the Shuswap Lake System5
Activity
Activity Risk by Spawning Location and Rank1
Known Char
or Sockeye
Spawning
(9.6% of total
shore length,
2.6% in
Moderate and
Low ) 1
Very High
(13% of total
shore
length
High
(34% of total
shore length)
Moderate
(38% of total
shore
length)
Low
(14% of total
shore
length)
Very
Low
(0.7% of
total
shore
length)
57. 57
Example 4 â Strata Marina
in a High Habitat Value Area
1
Wave attenuation structures
include standalone
breakwaters as well as over-
wide outer docks and other
structures intended to modify
wave conditions in the
moorage area and/or near-
shore environment.
2
Sensitive site types include
mapped: (a) shore spawning
sites, (b) high-value rearing
sites, (c) vegetated
foreshore areas, and/or (d)
stream deltas; see
Attachment I or the
Community Mapping
Network
(http://www.cmnbc.ca).
3
Draft Integrated Land Management Bureau Thompson Okanagan Strata - Commercial Moorage Guidelines include the following walkout/dock
dimensions and shoreline proximity standards:
o Floating portions of the dock must be located offshore of the 6 meter depth contour at mean annual low water.
o Access to floating portions of the dock must be achieved by a single elevated fixed deck and ramp that must not exceed 1.5 meters in width. At a
minimum, the base of the elevated fixed deck must be located at least 1 meter above the lake 1-in 5 year flood level. The remainder of the dock
surface must not exceed 3 meters in width for any other portion of the dock.
o Supported dock structures must use widely spaced wooden or steel piles that are made of non-toxic materials (solid core docks will not be allowed).
Do not use pressure treated wood.
58. 58
Example 4 â Strata Marina
in a High Habitat Value Area
5
DFO supports proponents receiving term and tenure-type considerations from ILMB where a fish
or fish habitat review is not required for proposed works or where an applicant has received a
letter of advice from DFO related to proposed moorage works. To ensure protection of fish
habitat and meet present-day best practice standards, all new, renewal and replacement tenures
for commercial and strata moorages will be subject to this flow chart process.
4
Follow Operational Best Practices detailed in the BC Ministry of
Environment document âBest Management Practices for Small Boat
Moorage on Lakesâ (see
http://www.env.gov.bc.ca/wld/documents/bmp/BMPSmallBoatMoora
ge_WorkingDraft.pdf)
63. What is the RAR?What is the RAR?
ď a regulation enacted through Section 12 of thea regulation enacted through Section 12 of the
Fish Protection ActFish Protection Act
ď an approach to protecting fish habitat duringan approach to protecting fish habitat during
residential, commercial, and industrialresidential, commercial, and industrial
developmentdevelopment
ď a results based regulation that focuses ona results based regulation that focuses on
prescribed setbacks from stream banksprescribed setbacks from stream banks
64. When does the RAR apply?When does the RAR apply?
ď The Riparian Areas Regulation applies to riparianThe Riparian Areas Regulation applies to riparian
fish habitat, and only in association with newfish habitat, and only in association with new
residential, commercial and industrialresidential, commercial and industrial
development on land under local governmentdevelopment on land under local government
jurisdictionjurisdiction
65. ProcessProcess
Development Proposed inDevelopment Proposed in
Riparian Assessment AreaRiparian Assessment Area
Local Government bylawsLocal Government bylaws
exceed Riparian Areasexceed Riparian Areas
Regulation?Regulation?
HADD avoided byHADD avoided by
assessment resultsassessment results
LocalLocal
GovernmentGovernment
MayMay
AuthorizeAuthorize
DevelopmentDevelopment
Subject toSubject to
ConditionsConditions
ConsiderConsider
DevelopmentDevelopment
OpportunitiesOpportunities
Outside ofOutside of
RiparianRiparian
AssessmentAssessment
AreaArea
Site Assessment by Qualified Environmental
Professional
no
yes
yesno
66. Yanke DecisionYanke Decision
ď Salmon Arm residential property affectedSalmon Arm residential property affected
by RARby RAR
ď Owner challenged that RAR didnOwner challenged that RAR didnâât applyt apply
ď Lower court ruled in favour of propertyLower court ruled in favour of property
ownerowner
ď Decision overturned by appeal, howeverDecision overturned by appeal, however
the Appeal Court decision has implicationsthe Appeal Court decision has implications
for RAR implementationfor RAR implementation
67. Ruling affects:Ruling affects:
ď Variances, bending and flexingVariances, bending and flexing
ď HADD determinationHADD determination
ď DFO authorityDFO authority
68. VariancesVariances
ď ââThere is no provision allowing anyThere is no provision allowing any
governmental body to vary the extent ofgovernmental body to vary the extent of
the streamside protection andthe streamside protection and
enhancement area.enhancement area.ââ
69. HADD determinationHADD determination
ď ... (LG approval) will depend on whether it is anticipated... (LG approval) will depend on whether it is anticipated
that it will cause athat it will cause a ââharmful alteration, disruption orharmful alteration, disruption or
destruction of natural features, functions and conditionsdestruction of natural features, functions and conditions
that support fish life processes in the riparianthat support fish life processes in the riparian
assessment areaassessment areaââ (commonly referred to as a(commonly referred to as a ââHADDHADDââ).).
ď development can occur within a streamside protectiondevelopment can occur within a streamside protection
and enhancement area if the assessment report certifiesand enhancement area if the assessment report certifies
that the development will not result in a HADDthat the development will not result in a HADD
70. DFO authorityDFO authority
ď ........ ââthere is nothing in s. 4 of thethere is nothing in s. 4 of the Riparian AreasRiparian Areas
Regulation that allows the Department of Fisheries andRegulation that allows the Department of Fisheries and
Oceans to veto a development proposal that is before aOceans to veto a development proposal that is before a
local government where the qualifiedlocal government where the qualified environmentalenvironmental
professional has given an opinion that the proposedprofessional has given an opinion that the proposed
development will not result in a HADDdevelopment will not result in a HADDââ..
ď ââthe City could authorize the construction in thethe City could authorize the construction in the
circumstances of this case without the approval of thecircumstances of this case without the approval of the
Department of Fisheries and OceansDepartment of Fisheries and Oceansââ
71. SummarySummary
ď No provision for variance from legislatedNo provision for variance from legislated
requirementrequirement
ď QEP determines HADDQEP determines HADD
ď Within RAR model, DFO authority isWithin RAR model, DFO authority is
limitedlimited
ď Provided the reporting requirements areProvided the reporting requirements are
met, LG approval process is independentmet, LG approval process is independent
of senior governmentof senior government
72. Now what?Now what?
ď Province is evaluating implications and willProvince is evaluating implications and will
pursue appropriate legislative changes. Inpursue appropriate legislative changes. In
the meantime, RAR still applies.the meantime, RAR still applies.
ď The intent of RAR still applies. WhereThe intent of RAR still applies. Where
setbacks deviate from methodology,setbacks deviate from methodology,
recommend that QEPs seek LOA fromrecommend that QEPs seek LOA from
DFO.DFO.
ď Courts will decide due diligenceCourts will decide due diligence
The alternative regulatory model uses Qualified Environmental Professionals (QEP) hired by proponents to help design development to avoid impact, assess impacts, develop mitigation measures or recommend compensatory strategies.
The regulation will direct local governments to only Allow development within a 30 meter riparian assessment area if it has been certified by a QEP that no impact to riparian fish habitat would result
This shifts cost of assessing development to the proponent allowing governmentsâ to focus on monitoring and enforcement within their respective jurisdictions.
The model will encourage developers to not just use QEPs to assess their development to determine if is will cause an impact, but to use them and their professional assessment to design development to avoid impact. This reduces the potential for conflict with the QEP and the developer and concerns with accountability of the QEP in providing developer friendly assessments, and should decrease the time and costs for the developer
Get into the failing of the referral system- catching someone doing something wrong, rather than catching someone doing something right. Recipe for conflict, were seen as an impediment to development. Looked at everything to catch the high risk concerns, was a real time sink, limited our ability to get out and monitor and see if we were being effective.
Looking for input on the various implementation routes in recognition of the various tools available to local government