Notice

On June 29, 2012, the Fisheries Act was amended. Policy and regulations are now being developed to support the new fisheries protection provisions of the Act (which are not yet in force). The existing guidance and policies continue to apply. For more information, see Changes to the Fisheries Act.

On April 2nd, 2013 the Habitat Management Program's name was changed to the Fisheries Protection Program.

Contact information for regional offices of the Fisheries Protection Program has been updated.

Further updates to the Fisheries Protection Program Working Near Water website will be made over the coming months.

ARCHIVED - Maritimes Region

2.0 Regulatory Activities

Regulatory activities include:

• the review of development proposals (referrals) that may affect fish habitat;
• compliance monitoring and enforcement of the habitat protection provisions of the Fisheries Act;
• conducting environmental assessments under the Canadian Environmental Assessment Act (CEAA) prior to making decisions under section 35 of the Fisheries Act or prior to issuing permits under the Navigable Waters Protection Act (NWPA) or the National Energy Board Act (NEBA); and
• developing regulations, policies and guidelines related to the habitat protection provisions of the Fisheries Act.

2.1 Review of Development Proposals (Referrals)

In the Maritimes region in fiscal year 2002-2003:

• Instream works, roads and shoreline works comprised 73% of the 1,103 referrals received by the region, while 14% were related to forestry and aquaculture (see Table 1).
• Regional staff provided advice in 786 cases, and issued 20 authorizations.

 

Table 1a: Summary of Habitat Referrals FY 2002-2003
REGION	Work Categories
	Aquaculture	Forestry	Instream Works	Land Use	Mining
Newfoundland & Labrador	39	26	167	289	3
Maritimes	73	83	259	38	5
Gulf	62	10	193	17	3
Quebec	6	0	40	8	1
Central & Arctic	14	31	1,197	250	190
Pacific	49	648	629	614	385
TOTAL	243	798	2,485	1,216	587

 

Table 1b: Summary of Habitat Referrals FY 2002-2003
REGION	Work Categories
	Oil & Gas	Roads	Shoreline Works	Water Mgmt	Other*
Newfoundland & Labrador	5	291	322	5	70
Maritimes	21	195	350	11	68
Gulf	4	125	190	8	24
Quebec	15	25	107	83	26
Central & Arctic	809	1,314	1,498	332	278
Pacific	25	412	782	122	243
TOTAL	879	2,362	3,249	561	709

 

Table 1c: Summary of Habitat Referrals FY 2002-2003
REGION	Work Categories
	Total
Newfoundland & Labrador	1,217
Maritimes	1,103
Gulf	636
Quebec	311
Central & Arctic	5,913
Pacific	3,909
TOTAL	13,089

 

*Note: "Other" includes referrals identified with work categories of deleterious substances, hazardous materials, research, ocean management, ocean dumping, power projects, railways, seismic activities, and class screenings of habitat restoration projects.

Compliance Monitoring of Bridge Referrals

All temporary and permanent bridge referrals that came to DFO's regional office were handled by a standard letter of advice. The letter identified mitigation measures and informed the proponent that the project might be monitored for compliance with the Fisheries Act. None of the project sites were visited by a biologist prior to the completion of work. Regional auditing and planning staff developed a field check sheet and protocol. At the end of the work season, September 30, 2002, an audit was conducted on 50% of the completed works. All of the inspected works were in compliance. This process is expected to continue for the 2003 field season. The auditing and planning unit also developed a plan to aid Conservation and Protection (C&P) staff in developing an effective compliance monitoring program that will fit within current budgetary constraints.

2.2 Compliance and Enforcement

Regional staff conduct on-site monitoring to establish compliance with proposed habitat impact mitigation and compensation plans, conduct investigations of complaints and, in cases of non-compliance, enforce the habitat protection provisions of the Fisheries Act. It is estimated that fishery officers in the region's Scotia-Fundy area devote about 3% of their overall time, and 6% of their enforcement hours, to habitat enforcement.

In fiscal year 2002-2003, Scotia-Fundy Area enforcement staff reported 69 habitat-related occurrences or incidents. Activities associated with urban development, such as new subdivisions and parking lots, accounted for 29 of the incidents, while commercial development accounted for another 11 incidents. Other activities leading to habitat-related incidents included forestry (9), highway and road construction (6), recreational (5), and aquaculture (3).

Area staff determined that there were violations in 22 of the incidents, including one incident involving multiple violations. Another 13 investigations were carried over from previous fiscal years, resulting in a total of 36 violations. Staff issued nine warnings and laid charges in six cases. Charges were pending in 14 cases, and did not proceed in five cases. Habitat concerns in two of the cases were settled out of court. There were no convictions during the reporting period.

During the fiscal year, there was a serious fish kill in the Little Sackville River, Halifax Regional Municipality. In July 2002, a long section of the stream saw all fish species killed between the outfall of a holding pond behind a shopping centre. This portion of the stream had been the subject of dedicated effort on the part of the Sackville River Association in stream restoration over the past five years. The Association collected more than 5,000 dead fish as a result of a discharge from the holding pond. DFO worked with the Nova Scotia Department of Environment and Labour to stabilize the situation, investigate the incident and proceed with violation charges. It is expected that the violation file and any possible work to restore the habitat will not be completed until fiscal year 2003-2004.

2.3 Environmental Assessments

The region initiated 37 environmental assessments in fiscal year 2002-2003. Fifty assessments were concluded or cancelled, and 38 were ongoing.

Halifax Harbours Solution Project

The Halifax Harbours Solution Project description and scope of assessment were accepted by the Canadian Environmental Assessment Agency to initiate the federal environmental assessment process. Public Works and Government Services Canada (PWGSC) coordinated the assessment process among the responsible authorities. A number of studies were conducted by Halifax Regional Municipality to provide additional information on the environment and the project impacts. The final federal environmental assessment report was signed by the responsible authorities in February 2003.

Major Highway Projects

During fiscal year 2002-2003, the region's Habitat Management Program (HMP) continued to work with the provincial departments of Transportation (DOT) and Public Works (DPW) and with other provincial and federal regulators on the environmental assessment of major four-lane highway projects (100 series). Each of these projects requires substantial funding from Transport Canada.

A listing of the projects and the status of the environmental assessments of each are as follows:

Phase 3 Highway 101 Twinning - Ellershouse to Avonport

In March 2003, the Nova Scotia DPW submitted a revised project description for the Phase 3 twinning of Highway 101 between Ellershouse and Avonport. The project description included the twinning of the highway from Exit 4 at St. Croix to Exit 5 at Windsor (10.9 kilometres), and from west of Exit 7 at Falmouth to east of Exit 9 at Avonport (11.4 kilometres), for a total of 22.3 kilometres of twinning. The provincial government had originally proposed the twinning of 28 kilometres of the existing Highway 101, entailing seven major stream crossings that would likely result in Harmful Alteration, Disruption or Destruction (HADD) of fish habitat and also require approvals under the NWPA. Included in this section of twinning was the highway's crossing of the tidal causeway at Windsor. When the original proposal was submitted in November 2001 under the CEAA, DFO indicated that it would likely require an environmental assessment of portions of the project. Transport Canada also indicated that it would likely require an environmental assessment of the entire project.

The project description for Phase 3 of the Highway 101 Twinning was subsequently revised to recognize that the proposed work related to the Windsor causeway crossing was very specialized. In the interest of safety, the provincial government wished to proceed with a portion of the twinning. It was determined that the Windsor Causeway crossing would be assessed separately at a future date. In response to the revised project description, DFO confirmed that it would still likely require environmental assessment of portions of the Phase 3 project. In late March 2003, the revised project entered the scoping phase of the environmental assessment process.

Phase 2 Highway 101 Twinning - Mt. Uniacke to Ellershouse

The proposal includes twinning of 19.9 kilometres of the existing Highway 101 in this area. The potential HADDs on this project were eliminated though redesign in consultation with DFO. Provincial departments frequently consulted DFO during the development of the Environment Protection Program (EPP) for this construction project. It was determined that the EPP could be used as a useful generic document for future projects of this nature throughout the province.

In the spring of 2001, construction commenced on the first half of this twinning project. In the early spring of 2003, the provincial departments made application to the Nova Scotia Department of Environment and Labour (NSDOEL) and DFO for the property access roads associated with the twinning. Consultation between the province and DFO with respect to the design of access to the bridge structures for the purposes of construction prevented potential HADDs and the need for authorizations under subsection 35(2) of the Fisheries Act.

Highway 113 - Highway 102/103 Connector

The proposal is for a four lane controlled access highway 9.9 kilometres in length joining Highway 102 and Highway 103. The project has 10 stream crossings with four potential authorizations pending the final design of crossing structures. A number of these stream crossings may also require approval under the NWPA. During fiscal year 2002-2003, DFO met several times with the provincial departments to lay groundwork for the development of the environmental assessment documentation.

Highway 125 - Sydney By-Pass

The proposal is to twin 16 kilometres of the existing Highway 125 surrounding Sydney, Nova Scotia. The project is split in two sections:

• From the Balls Creek interchange to Sydney River, there are seven watercourse crossings and extensive redesign was been carried out in consultation with DFO to reduce the number of potential HADDs to one or two. NWPA approvals may be required for a number of the seven structures; and
• From Sydney River to Grand Lake Road there are at least four potential HADDs and NWPA approvals required.

In May 2002, the provincial departments provided Transport Canada and DFO with a draft "Highway 125 CEAA Environmental Assessment Screening Report" for the entire project. Upon review of the report, DFO advised Transport Canada that it concurred in general with the conclusions of the report, but that DFO could not make its final determination with respect to each individual watercourse crossing until the detailed plans of each crossing were provided. Consultation with the provincial departments occurred throughout 2002-2003 with respect to the design of the watercourse crossings.

Highway 101 - Digby to Weymouth

The proposal is for a 26.1 kilometre section of four-lane highway on a new alignment. During fiscal year 2002-2003, the environmental assessment report was under development for the CEAA process and the NSDOEL Class 2 (Panel Review) environmental assessment process. The provincial departments consulted with DFO with respect to the development of the report and design options for the planned watercourse crossings.

Highway 103 - Twinning between Exit 3 and Exit 5

The proposal is to twin 14.5 kilometres of Highway 103 between Exit 3 near Beechville and Exit 5 at Hammonds Plains. The project has 11 stream crossings with four potential authorizations needed, including two lake infills. During fiscal year 2002-2003, DFO met several times with the provincial departments to lay groundwork for submission of each of the watercourse crossings for approval under the Fisheries Act and NWPA. Field work also was carried out in anticipation of the environmental assessment requirements.

Marine and Freshwater Infills

The Waterfront Development Corporation Limited (WDCL) had presented a proposal to DFO to infill two private waterlots at Mill Cove, Bedford Basin. The waterlots total approximately seven acres and are owned by United Gulf Developments Limited. The purpose of the infilling is to provide for the safe placement of acid generating rock excavated from various developments in the Halifax area. DFO issued a subsection 35(2) Fisheries Act authorization valid from December 23, 2002 to September 30, 2004. To compensate for the loss of fish habitat, the WDCL presented DFO with a Letter of Undertaking dated December 20, 2002. This letter constitutes an agreement to compensate for the loss of habitat. DFO's preferred compensation option is for the construction of a fishway at Paper Mill Lake dam. This Letter of Undertaking states that the WDCL will make every reasonable effort to construct the fishway for a sum not exceeding $150,000. The finalization of the compensation agreement is to be completed by the end of September 2003. The construction of the fishway or an agreed upon suitable alternative is to be completed by September 2004. DFO staff is continuing negotiations with the WDCL for the finalization of the compensation agreement.

Offshore Petroleum Exploration and Production

The need to carry out environmental reviews on the growing offshore petroleum industry required a significant effort from Habitat staff. Activities related to proposals from this sector included the following:

Seismic Surveys

As a member of the Fisheries and Environment Advisory Committee to the Canada-Nova Offshore Petroleum Board (CNSOPB), DFO Maritimes reviewed environmental assessments for 10 seismic surveys during fiscal year 2002-2003. These included seismic and shallow water hazard surveys, 3-D and 2-D seismic surveys.

Exploration Drilling

DFO Maritimes reviewed six environmental assessments for offshore oil and gas exploration drilling under the CNSOPB approval process. These programs included a mix of single and multi-well programs and included several deepwater-drilling programs.

Oil and Gas Development

As required under CEAA, an environmental assessment was undertaken for the Deep Panuke Project. The proposed project includes the development of three offshore platforms to recover natural gas and a sub-sea pipeline to transport it to Goldboro where it will tie into the existing Maritimes and Northeast pipeline. DFO declared itself a responsible authority, expecting to have a requirement to issue a Fisheries Act authorization and a NWPA approval.

A memorandum of understanding was developed among all of the regulators, and the CNSOPB took on the role as the lead responsible authority for the environmental assessment. The final environmental assessment report was accepted by the responsible authorities and submitted to the Minister of Environment for consideration. The report was accepted by the Minister of the Environment in December 2002.

The project was to go through a coordinated public review under a joint National Energy Board (NEB) - CNSOPB regulatory hearing process. Hearings were scheduled to begin in April 2003, however, in February 2003, the proponent informed the NEB and CNSOPB that it was re-examining several factors that might enhance the project and requested the regulatory process be suspended. On February 26, 2003 the two Boards granted the request and instructed the proponent to update the Boards on its progress in enhancing the project by December 2003.

Oil and Gas Pipelines

• Maritimes and Northeast Pipeline's four compressor stations and one tie-in station proposed for Nova Scotia and New Brunswick were reviewed by HMP for review of any potential watercourse impacts. The project is on hold pending a final decision on the Deep Panuke project.
• The Blue Atlantic pipeline project was proposed to gather natural gas from offshore Nova Scotia and transport it by subsea pipeline to a landfall location in Shelburne County, Nova Scotia. After processing, an offshore transmission pipeline would transport the gas from Nova Scotia to New Jersey or New York. The proponent, El Paso, submitted an environmental assessment report and obtained approval from the CNSOPB to conduct an offshore route survey in 2002. El Paso will use this information to prepare a regulatory filing that is expected in 2004 or 2005.
• The Potash Corporation of Saskatchewan proposed the construction of 10 kilometres of gas pipeline, near Sussex, New Brunswick. The project required several watercourse crossings. DFO provided expert advice to the New Brunswick Department of Environment and Local Government (DOELG) in support of the environmental impact assessment registration process. Construction of the project occurred in fiscal year 2002-2003.
• The Potash Corporation of Saskatchewan also proposed the replacement of a 20 kilometre pipeline used to convey brine process water from its Cassidy Lake facility. DFO provided expert advice to the New Brunswick DOELG in support of the environmental impact assessment registration process. The construction of the project, which included a number of watercourse crossings, was deferred until fiscal year 2003-2004.
• Enbridge Gas New Brunswick proposed the construction of a gas distribution network for the town of St. Stephen, New Brunswick. DFO provided expert advice to the New Brunswick Public Utilities Board. The project is scheduled to proceed in fiscal year 2003-2004.
• Imperial Oil Ltd proposed the removal and abandonment of an old section of oil pipeline in the city of Saint John, New Brunswick. The work required the approval of the New Brunswick Public Utilities Board. DFO provided expert advice in support of the review process. The work is scheduled to proceed in fiscal year 2003-2004.

Other General Oil and Gas Reviews

• HMP finalized review of the generic environmental assessment documents for exploration drilling and seismic activity off of Nova Scotia. These documents are widely used by industry in the preparation of the project-specific environmental assessment for the CNSOPB. DFO is of the opinion these documents are in urgent need of revision.
• Two strategic environmental assessment documents, one on the Laurentian Subbasin and one on the area of the Gully, were reviewed by DFO and comments provided to the Nova Scotia and Newfoundland petroleum boards.

Transportation Projects

• In December 2002, the New Brunswick DOT registered the proposed construction of a ferry terminal and wharf construction, in Wallace Cove, Black's Harbour with the New Brunswick DOELG environmental impact assessment process. Regional HMP staff reviewed the proposal and concluded it would likely result in HADD and would also require a NWPA approval and would therefore be subject to an environmental assessment under CEAA. At the end of the fiscal year, the New Brunswick DOT was in the process of preparing an environmental impact statement. Pending a positive environmental assessment and the necessary approvals, the project is scheduled to commence in fiscal year 2003-2004.
• As a means to protect a covered bridge of historic significance, the New Brunswick DOT proposed to construct a stream diversion on a headwater section of the Kennebecasis River, near the community of Upper Goshen. In consideration of the scope of works proposed, the DOT submitted an application for authorization under section 35 of the Fisheries Act in February 2003. Pending a positive environmental assessment and the necessary approvals, the project is tentatively scheduled to commence in fiscal year 2003-2004.
• The New Brunswick DOT proposes to upgrade the existing Trans-Canada highway from Fredericton to the Quebec border. The DOT proposes to complete these highway upgrades through the construction of one large section (70 kilometres) of highway. The project will be cost shared by the federal government (Office of Infrastructure) and be subject to an environmental assessment under CEAA. Pending completion of designs, some of the watercourse crossings will require authorizations under the Fisheries Act and NWPA approvals. Pending completion of the environmental assessment and the necessary approvals, construction of the project is scheduled to commence in fiscal year 2003-2004.
• The New Brunswick DOT proposed the construction of an upgrade to the Trans-Canada Highway from Pokiok to Longs Creek. This section of the highway will entail the construction of 33 kilometres of new highway plus service roads, and require multiple watercourse crossings. Depending on designs and sensitivity of the fish habitats, the project may require authorizations under the Fisheries Act and NWPA approvals. This project will be cost-shared with Transport Canada and be subject to environmental assessment under CEAA. Transport Canada will be the lead responsible authority for the overall project. Baseline environmental studies were submitted for DFO review in January 2003. At the end of the fiscal year, the project remained conceptual. Pending the completion of the environmental assessment and the necessary approvals, the project is tentatively scheduled to commence in fiscal year 2003-2004.
• The New Brunswick DOT proposed the construction of an upgrade to the Trans-Canada Highway from Aroostook to Grand Falls. This section of the highway will include the construction of 30 kilometres of new four-lane highway, and require numerous watercourse crossings. The project will be cost-shared with Transport Canada and the province of New Brunswick, and be subject to environmental assessment under CEAA. Transport Canada will be the lead responsible authority for the project. Depending on designs and sensitivity of the fish habitats, numerous Fisheries Act authorizations or NWPA approvals may be required. Baseline environmental studies were submitted in March 2003. At the end of the fiscal year the project remained conceptual. Pending the completion of the environmental assessment and the necessary approvals, the project is tentatively scheduled to commence in fiscal year 2003-2004.
• The New Brunswick DOT proposed an upgrade to the Trans-Canada Highway between Saint-Leonard to Grand Falls. The work will require construction of several kilometres of four-lane highway and the construction of a complex watercourse crossing implicating sensitive salmonid habit in Coombes Brook. The work commenced in the summer of 2002; however, scheduling problems required the work to continue late into the fall, resulting in a requirement for an amendment to the Fisheries Act authorization. The work is scheduled to be completed in fiscal year 2003-2004. Fish habitat compensation will also be deferred until fiscal year 2003-2004.
• The New Brunswick DOT proposed an upgrade to the Trans-Canada Highway between the communities of Meductic to Pokiok. The project requires the construction of a four lane highway and also includes the replacement of a large bridge across the Shogomoc Stream; a Fisheries Act authorization was issued. Unforeseen scheduling and construction constraints required the work to continue during winter of 2002-2003. The implementation of the fish habitat compensation plan was deferred until fiscal year 2003-2004.
• The New Brunswick DOT proposed the reconstruction of the Lockhart Mill Road Interchange, in the community of Jacksonville. The construction required a watercourse crossing on Lanes Brook, a salmonid stream. The work was authorized under section 35 of the Fisheries Act and subsequently amended to allow works to continue during the fall of 2002. Instream construction and implementation of the fish habitat compensation measures have been deferred until fiscal year 2003-2004.
• As part of a project to upgrade Route 1, the New Brunswick DOT commenced construction of the Sussex Bypass including the construction of the Kennebecasis River Bridge No. 7 Replacement project. Scheduling constraints required winter construction, and following an environmental assessment decision, DFO issued a Fisheries Act authorization and a NWPA approval to allow the construction to continue during the winter of 2003. Construction is scheduled to be completed in fiscal year 2003-2004. Implementation of the fish habitat compensation measures was also deferred until fiscal year 2003-2004.
• The New Brunswick DOT proposed the replacement of the Petitcodiac (Gunningsville) River Bridge in Moncton. An environmental assessment was conducted under CEAA and a NWPA approval issued. The work commenced in fiscal year 2002-2003 and is scheduled to be completed in fiscal year 2003-2004.
• The New Brunswick DOT made application for federal funding assistance for the Florenceville Bridge & route 110 interchange project. DFO provided expert advice to Transport Canada in support of the environmental assessment for the project.
• The New Brunswick DOT proposed the construction of a new international border crossing between St. Stephen, New Brunswick and Calais, Maine. The project will require the construction of a new bridge across the international boundary, the St. Croix River. The project was registered with the New Brunswick environmental impact assessment process. DFO provided expert advice in support of fish and fish habitat protection. The bridge will likely require an approval under the NWPA, and DFO will likely be a responsible authority for the project. At the end of fiscal year 2002-2003, the project remained in the conceptual stage.
• The New Brunswick DOT proposed the reconstruction of the Musquash River bridge, part of Route 1 between Saint John and St. Stephen. The project was cost-shared with Transport Canada and the bridge required an approval under the NWPA. DFO regional staff provided input to the environmental assessment report prepared by Transport Canada. Construction proceeded in fiscal year 2002-2003.

Energy Projects

• The New Brunswick Coal Limited, a subsidiary of the New Brunswick Power Corporation, submitted an application for a subsection 35(2) Fisheries Act authorization to allow the diversion of a section of Ghost Hollow Brook on January 20, 2003. The diversion was required to allow completion of an open pit coal mine at the Salmon Harbour mine site, near Minto, New Brunswick. At the end of fiscal year 2002-2003, regional HMP staff were involved in the environmental assessment of the project.
• Irving Oil Ltd. proposed the construction of a Liquid Natural Gas Facility and Multi-Purpose Marine Terminal, at its existing Canaport site in, Mispec, New Brunswick. The Navigable Waters Protection Program (NWPP) reviewed the project description and determined that the in-water components of the project would require an approval under subsection 5(1) of the NWPA. In consideration of the size of the project, it will be subject to a comprehensive study level of environmental assessment under CEAA. DFO will participate in the joint environmental assessment of the project with the New Brunswick DOELG. At the end of the fiscal year, the proponent was involved in baseline environmental studies and preparation of designs.
• The New Brunswick Power Corporation proposed the Point Lepreau, New Brunswick to Orrington, Maine International Powerline Project. In fiscal year 2001-2002 a preferred one kilometre wide corridor was identified and a comprehensive study report was submitted for the review by the NEB and DFO. Some of the large watercourse crossings will require approvals under the NWPA. With necessary mitigation, the project will not likely require any subsection 35(2) authorizations. The report was accepted as complete concluding that this project will not likely result in significant adverse environmental effects. In support of the NEB process, the project was subject to a detailed route hearing in March 2003. Pending the remaining approvals, including those related to the United States side of the project, construction is tentatively proposed to commence in fiscal 2003-2004.

Infrastructure Projects

• As a means to protect private property from flooding, in the Lincoln Heights Subdivision, the City of Fredericton submitted an application for a subsection 35(2) authorization in November 2002. The work required a stream diversion on a section of Baker Brook. Pending a positive conclusion of the environmental assessment, the city tentatively plans to commence construction in fiscal year 2003-2004.
• As part of a municipal infrastructure upgrade, the town of Quispamsis has proposed the construction of a new wastewater system. The project was registered with the New Brunswick environmental impact assessment process in March 2003. DFO provided expert advice for the protection of fish and fish habitat.
• The Village of Bristol, New Brunswick, proposed an extension of its sanitary sewer system that will require a stream diversion. This project requested funding assistance from the federal government through the office of infrastructure. DFO reviewed the proposed stream diversion and determined it will likely result in a HADD of fish habitat. An application for a subsection 35(2) authorization was requested in December 2003. Pending a positive completion of the environmental assessment and other approvals, construction is scheduled to proceed in fiscal year 2003-2004.
• The village of Plaster Rock, proposed a wastewater treatment upgrade that will require a sewer line crossing of Tobique River. The Atlantic Canada Opportunity Agency may be funding the project and PWGSC is the lead responsible authority on the CEAA environmental assessment. Regional HMP staff were advised of the proposed works in the Tobique River and recommended that the proponent submit an application for a subsection 35(2) authorization. At the end of the fiscal year, DFO was awaiting details on the project.
• The Town of Woodstock, New Brunswick has proposed an upgrade of its wastewater treatment infrastructure and registered the project with the New Brunswick DOELG environmental impact assessment process in November 2002. DFO reviewed the project and provided expert advice for the protection of fish and fish habitat. At the end of the fiscal year, the project remained conceptual. Pending all of the necessary approvals, the project is tentatively scheduled to proceed in fiscal year 2003-2004.
• As a means to address a short fall in the capacity of its municipal water supply, the City of Moncton, New Brunswick has proposed the construction of a second dam on Turtle Creek. Representatives from the city met with DFO in October 2002 to discuss the project, the protection of fish, and fish habitat and the CEAA process. The project will likely require a subsection 35(2) authorization and DFO will likely be the only responsible authority for the project. This project will also require a registration with the New Brunswick environmental impact assessment process; DFO will participate in a harmonized environmental assessment of the project. The City commenced collection of baseline environmental information and plans to submit an environmental assessment document in fiscal year 2003-2004.
• A housing subdivision and golf course development proposed for the community of Fox Creek, New Brunswick was registered with the New Brunswick environmental impact assessment process in August 2002. The project may require one or more watercourse crossings and the proponent was advised that a subsection 35(2) authorization may be required if the work proceeds during the winter months. At the end of the fiscal year, DFO was awaiting additional information from the proponent.
• The City of Dieppe, New Brunswick registered a ground water exploration project with the New Brunswick environmental impact assessment process in February 2003. At the end of the fiscal year, the project remained conceptual. DFO did not render a decision if the work would require an authorization under subsection 35(2) of the Fisheries Act, and requested additional details.
• The Village of Salisbury, New Brunswick proposed an upgrade of their overall wastewater collection and treatment facility. The project was registered with the New Brunswick environmental impact assessment process in March 2003. This project also requested federal funding assistance administered by the Atlantic Canada Opportunities Agency. The project will not require any significant works in or near waters frequented by fish; DFO provided expert advice in support of the environmental reviews. Pending the necessary approvals the works is tentatively proposed to commence in fiscal year 2003-2004.
• The Village of Petitcodiac proposed an upgrade of their overall wastewater collection and treatment facility. Part of the construction will require the crossing of the Petitcodiac River with a sanitary sewer force-main. DFO reviewed this element of the project and concluded an authorization pursuant to subsection 35(2) of the Fisheries Act was not required. The project was registered with the New Brunswick environmental impact assessment process in March 2003. This project also requested federal funding assistance administered by the Atlantic Canada Opportunities Agency. DFO provided expert advice in support of the environmental reviews. Pending the necessary approvals, these works are tentatively proposed to commence in fiscal year 2003-2004.
• The City of Saint John, New Brunswick reconstructed the Spruce Lake Dam, a structure which provides an essential water supply for the west side of the city of Saint John. The work was authorized pursuant to subsection 35(2) of the Fisheries Act. The construction proceeded in fiscal year 2002-2003 and was completed in November 2002. The fish habitat compensation for this project is the construction of a fishway at another location, Terreo Lake. Implementation was deferred until fiscal 2003-2004.
• In support of the construction of a large retail development, Mapleton Developments, requested a Fisheries Act authorization for the construction of a watercourse on Rabbit Brook, Moncton, New Brunswick. The project required an authorization pursuant to subsection 35(2) of the Fisheries Act. The construction was completed in fiscal year 2002-2003. The proponent encountered a number of constraints with the implementation of the compensation measures and the completion of this phase of the project was deferred until fiscal year 2003-2004.
• The City of Fredericton, New Brunswick proposed an upgrade of its stormwater control infrastructure, including the dredging of an instream sediment pond on College Brook. Following an environmental assessment, a subsection 35(2) authorization was issued. The city encountered a number of complications and deferred the work until fiscal year 2003-2004.
• The Village of Blacks Harbour, New Brunswick proposed an upgrade of its waste water facility. DFO provided expert advice to the province of New Brunswick in support of the environmental impact assessment registration process. The work is scheduled to proceed in fiscal year 2003-2004.
• The Village of New Maryland, New Brunswick proposed an upgrade of its Wastewater Collection and Treatment system. DFO provided expert advice to the province of New Brunswick in support of the environmental impact assessment registration process. The work is tentatively scheduled to proceed in fiscal year 2003-2004.
• A commercial enterprise proposed a groundwater exploration initiative and a water bottling plant, near a tributary of the Kennebecasis River. The project required the approval of the New Brunswick DOELG. DFO provided expert advice for matters related to the protection of fish and fish habitat. Pending the necessary approvals, the project is scheduled to proceed in fiscal year 2003-2004.
• The Town of Sussex, New Brunswick proposed a groundwater exploration, near a tributary to the Kennebecasis River in support of an expansion of its municipal water supply system. The project will require the approval of the New Brunswick DOELG. DFO provided expert advice in support of the review process. The project is scheduled to proceed in fiscal year 2003-2004.
• The Village of Memramcook, New Brunswick proposed to increase its municipal water supply with a groundwater exploration initiative. The undertaking was registered with the New Brunswick environmental impact assessment process. DFO provided expert advice for the protection of fish and fish habitat. The work is scheduled to proceed in fiscal year 2003-2004.
• Kings Landing Historical Settlement proposed an upgrade of its wastewater treatment facility. The undertaking was registered with the New Brunswick environmental impact assessment process. DFO provided expert advice for the protection of fish and fish habitat.
• A fish processing plant in Ingall's Head, Grand Manan Island, made application to the New Brunswick Department of Natural Resources and Energy for a lease to construct a water intake and outlet under submerged lands managed by the provincial government. DFO provided expert advice to the province of New Brunswick in support of its approval.
• The village of Grand Manan proposed the construction of a Septage Dewatering and Wastewater Treatment Station, and registered the undertaking with the New Brunswick environmental impact assessment process. DFO provided expert advice for the protection of fish and fish habitat.

Small Craft Harbours

• The Small Craft Harbours Branch of DFO proposed dredging and wharf construction projects in the Dipper Harbour and Boynes Cove facilities, both located in Saint John County, New Brunswick. Regional HMP staff were advised of these projects in February 2003, and determined that each would likely require an authorization in accordance with section 35 of the Fisheries Act and will share in the preparation of the CEAA environmental assessments with PWGSC. Pending approvals, these projects are tentatively scheduled to proceed in the winter of 2004.
• The Small Craft Harbours Branch of DFO proposed a dredging and wharf construction project at its North Head Harbour facility, Charlotte County, Grand Manan. HMP staff were advised of the project in November 2002, and determined that a HADD authorization was required. DFO will share in the preparation of the CEAA environmental assessments with PWGSC. Pending the necessary approvals, the work is proposed to commence in fiscal year 2003-2004.
• J.D. Irving Ltd. proposed the construction of an aggregate mine and a marine terminal in the community of Beaver Harbour, Charlotte County, New Brunswick. The project required an approval from the NWPP and an application was submitted to DFO in November 2002. The project will undergo a comprehensive study level of environmental assessment under CEAA. At the end of fiscal year, 2002-2003, the proponent was involved in the collection of baseline environmental information.
• The town of Riverview proposed an infill of salt marsh along the Petitcodiac River estuary to allow the construction of a new farmers market. The proponent requested funding assistance from the federal government and DFO provided expert advice to the Atlantic Canada Opportunities Agency in support of the environmental assessment for the project.

Aquaculture

• A land-based aquaculturist, Jail Island Aquaculture Ltd., proposed an expansion of its smolt facility located in Crooked Creek, Riverside-Albert, New Brunswick. DFO provided expert advice for the protection of fish and fish habitat to the province of New Brunswick in support of the province's environmental impact assessment registration process.
• An aquaculturist, Supreme Sturgeon Ltd proposed the construction and operation of a land-based facility for the culture of short nosed sturgeon, in the community of Pennfield. The project was registered as an undertaking with the New Brunswick environmental impact assessment registration process. DFO provided expert advice for the protection of fish and fish habitat. Construction of the project is tentatively scheduled to commence in fiscal year 2003-2004.
• The Madawaska-Maliseet First Nation proposed the construction and operation of a trout hatchery and fish out pond in the community of Edmundston. The project was registered with the New Brunswick environmental impact assessment registration process. Regional HMP staff provided expert advice for the protection of fish and fish habitat. Construction of the project is expected to commence in fiscal year 2003-2004.
• An aquaculturist proposed the construction and operation of a land-based smolt rearing facility on Grand Manan. DFO provided expert advice in support of the New Brunswick environmental impact assessment registration process. The project is scheduled to proceed in fiscal year 2003-2004.
• The New Brunswick Salmon Growers Association proposed the construction and operation of a flood water treatment facility in the town of St. George. The project was registered with the New Brunswick environmental impact assessment process. DFO provided expert advice to the New Brunswick DOELG.
• The University of Moncton, Edmundston Campus, proposed the construction of a dam and fishway on a small stream, Ruisseau Martial, located on the Forestry Demonstration Woodlot owned by the university. It was determined the project would result in a HADD and the university submitted an application for an authorization. DFO refused the application and, as an alternative, the university was encouraged to consider other options, such as the construction of a bypass pond.

Other Industry

• A proponent proposed the construction and operation of a disposal site for inert construction wastes, on the Latimer Lake Road near the City of Saint John. DFO provided expert advice to the New Brunswick DOELG in support of the environmental impact assessment registration process.
• A proponent, Kingsway Industries Ltd., proposed the importation and disposal of wood ash for disposal on a former New Brunswick Coal mine site. The project was registered with the New Brunswick environmental impact assessment registration process. DFO provided expert advice to the New Brunswick DOELG.
• A proponent, Premier Horticulture Ltd., proposed the development of the Perry Brook Peat Bog. This undertaking was registered with the New Brunswick DOELG environmental impact assessment registration process and DFO provided expert advice for the protection of fish and fish habitat. Construction of the project is proposed for fiscal year 2003-2004.
• A developer proposed the construction of housing and golf course development, near Killarney Lake in the City of Fredericton. The project was registered with the New Brunswick environmental impact assessment process. DFO provided expert advice for the protection of fish and fish habitat. The project is tentatively scheduled to commence in fiscal year 2003-2004.
• The Lake Utopia Pulp and Paper Ltd proposed the closure of an existing landfill site. The undertaking was registered with the New Brunswick environmental impact assessment process. DFO provided expert advice to the New Brunswick DOELG. The work is expected to proceed in fiscal year 2003-2004.

2.4 Regulations, Policies, and Guidelines

Work was initiated on a document to summarize regional experience in developing HADD compensation projects. The document is expected to be distributed to regional HMP staff in fiscal year 2003-2004 for testing.