Wek’èezhìi Land and Water Board’s Public Hearing Dominion Diamond Ekati Corporation Jay Diamond Mine Project Fisheries and Oceans Canada December 13-15, 2016 Yellowknife, NWT
Overview 1. DFO Mandate 2. Intervention - Conclusions and Recommendations 3. Questions J. Stewart DFO 2
DFO’s Fisheries Protection Program - Mandate The mandate of the Fisheries Protection Program is to maintain the sustainability and ongoing productivity of commercial, recreational and Aboriginal fisheries. Fisheries Act • Subsection 35 (1) - no person shall carry on any work, undertaking or activity that results in serious harm to fish that are part of a commercial, recreational or Aboriginal fishery, or to fish that support such a fishery. • Paragraph 35 (2) (b) allows for the issuance of a Fisheries Act Authorization • Section 20 relates to the provision of sufficient water and unimpeded fish passage. • Section 36 – administered by Environment Canada - prohibits the deposit of a deleterious substance into fish-frequented waters unless authorized by J. Stewart DFO regulation made under the Fisheries Act . 3
Intervention Conclusions and Recommendations 4
Water Crossings Issue • Potential for a fish passage barrier to form at the inlet of Culvert B0 if backwatering of Lake B0 occurs during peak flows Drawing 965-11-2001, Jay Road Construction Drawings (DDEC and Golder, April 22, 2016), p. 4 M D’Aguiar DFO 5
Water Crossings – Recommendations • For the Developer to implement best management practices to avoid and mitigate serious harm to fish as a result of water crossing construction, operation and decommissioning. • For the Developer to implement a water crossing maintenance and monitoring plan. • For the Developer to provide detailed engineering plans of all water crossings, supported by measured or modeled stream flow data, for review prior to construction. 6
Timing of Connection to Diversion Channel Issue • Fisheries and Oceans Canada is unclear what impact the proposed fall 2020 connection of the diversion channel to Lac du Sauvage will have on migrating fishes within the natural channels (Streams Ac35 and B0). Recommendation • For the Developer to continue working with Fisheries and Oceans Canada. 7
Diversion Channel Issue • Sub-Basin B diversion channel does not account for fish passage needs of all fish species present, e.g.: – A 8% slope is required to connect the Ac35 intake to main channel; and DFO – Only Arctic Grayling and Burbot are considered 8
Diversion Channel - Recommendations 1. For the Developer to implement best management practices in the design of Sub-Basin B Diversion Channel to avoid and mitigate serious harm to fish. 2. For the Developer to implement an appropriate stream diversion maintenance and monitoring plan. 3. For the Developer to provide detailed plans for the diversion. 4. For the Developer to provide detailed closure and reclamation plans for Sub- Basin B Diversion channel. 9
Conceptual Fish-out Plan Issue • The full extent of the impacts to fisheries productivity has yet to be determined. • The fate of fish to be captured during the fish-out also has to be determined. DDEC, DAR, Conceptual Fish-out Plan, 2014 DFO 10
Conceptual Fish-out Plan - Recommendation 1. For the Developer to conduct additional consultation with affected Aboriginal Groups regarding the handling and fate of fish captured during the fish-out. 2. For the Developer to continue working with Fisheries and Oceans Canada and affected Aboriginal Groups during the Fisheries Act authorization process 11
Water Level Issue • Potential Impacts from changes to water levels in the Narrows, Lake C1 and Stream C1 . 12
Water Level - Recommendation 1. For the Developer to monitor water levels at critical or depth-limiting locations within the Narrows. 2. For the Developer to establish a mitigation, response or action plan in the event that significant changes in water levels are likely to occur, to mitigate the risk of the formation of barriers to fish passage or serious harm to fish in Lake C1/Stream C1 and the Narrows. 3. For the Developer to continue working with Aboriginal groups in the development of appropriate back flooding procedures and timing, with appropriate monitoring to ensure the rate of back flooding does not negatively impact fish and fish habitat 13
Fish and Fish Habitat Issue • Need for suitable avoidance, mitigation and offsetting plans for the Jay Project to address Project impacts to fish and fish habitat Map 2.3-1 Fish and Fish Habitat Baseline (DDEC and Golder, 2015), p. 15 14
Fish and Fish Habitat - Recommendations 1. For the Developer to include the newly identified shoals as part of their offsetting calculations. 2. For the Developer to provide information regarding the Dyke design and mitigation measures associated with its construction, operation and decommissioning during their application for a Fisheries Act Authorization. 15
Conclusion Fisheries and Oceans Canada will continue to engage with the Developer and stakeholders, including potentially affected Aboriginal Groups, to ensure that interests for the protection of fish and fish habitat are being addressed and that: • Appropriate mitigation measures, follow-up and monitoring programs are implemented; • A Fish-out Plan and Offsetting Plan are developed that are adequate and acceptable to Fisheries and Oceans Canada and the affected Aboriginal Groups. 16
Questions? J. Stewart DFO Mahsi Cho 17
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