Draft Potential Conditions: Condition 3.8. - OECM

Reference Number
60
Date Submitted
2020-10-23 12:00:00 AM
Text

BHP Canada Exploration Drilling Project Draft Potential Conditions

 

As worded, condition 3.8 regarding other effective area-based conservation measures (OECMs) does not accurately reflect the expert advice provided by Fisheries and Oceans Canada (DFO).

 

It is unclear why condition 3.8 is now linked to “the area surveyed pursuant to 3.6”, i.e. the pre-drilling coral and sponge survey.  It has been DFO’s recommendation that the terminology remain consistent with the Ministerial Regulation in the use of “activity area”.

 

In addition, the first bullet in Condition 3.8 should refer to the conservation objectives of the area rather than “Canada’s ability to meet conservation targets”, i.e.  the Proponent shall… identify and implement any additional measures necessary to mitigate the Designated Project’s effects on the conservation objectives of the area…”  Again, it has been DFO’s recommendation that the wording of the condition remain consistent with the Ministerial Regulation.

 

As previously noted, the Government adopted the Panel’s recommendation to continue with a risk-based approach to prohibiting or allowing industrial activities in OECMs.  Before any activity can occur in an OECM, the Minister of Fisheries, Oceans and the Canadian Coast Guard will need to be satisfied that any risks to the area’s conservation objectives have been effectively avoided or mitigated through legislation or regulations. 

 

Central Ridge Exploration Drilling Project Draft Potential Conditions & West Flemish Pass Exploration Drilling Project Draft Potential Conditions

 

It was the understanding of DFO that the condition regarding OECMs was to be included in the draft potential conditions for the BHP Canada, Central Ridge, and West Flemish Pass Exploration Drilling Projects.  However, the condition does not appear in the Central Ridge or West Flemish Pass draft potential conditions. 

 

It is DFO’s recommendation that once the wording of Condition 3.8 in the BHP Canada decision statement has been revised, that the final condition also be included in the Central Ridge and West Flemish Pass decision statements.

 

Bret Pilgrim

Sr. Biologist – Regulatory Review

Fish and Fish Habitat Protection Program | Programme de protection des pêches
Ecosystems Management | Gestion des écosystèmes

Fisheries and Oceans Canada l Pêches et Océans Canada

Northwest Atlantic Fisheries Centre l

Centre des Pêches de l'Atlantique Nord-Ouest

80 East White Hills Road l 80, route White Hills est

PO Box 5667 l CP 5667

St. John's NL A1C 5X1 Canada

Tel. 709-772-6562

Submitted by
Administrator on behalf of Fisheries and Oceans Canada
Phase
Environmental Assessment Report
Public Notice
Public Notice - Public Comments Invited on the Draft Environmental Assessment Report
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