Vol. 136, No. 32 — August 10, 2002

Environmental Emergency Regulations

Statutory Authority

Canadian Environmental Protection Act, 1999

Sponsoring Department

Department of the Environment

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The proposed Environmental Emergency Regulations (hereinafter referred to as the proposed Regulations) aim at enhancing the protection of the environment and human health in environmental emergency situations by promoting prevention and ensuring preparedness, response and recovery. They will mandate persons who own or manage specified toxic and hazardous substances at or above the specified thresholds to provide required information on the substance(s), their quantities and to prepare and implement environmental emergency plans.

The proposed Regulations contain a list of 174 toxic substances under the Canadian Environmental Protection Act, 1999 (CEPA, 1999), and other hazardous substances which, if they enter the environment as a result of an environmental emergency, (i) have or may have an immediate or long-term harmful effect on the environment or its biological diversity, (ii) constitute or may constitute a danger to the environment on which human life depends, or (iii) constitute or may constitute a danger in Canada to human life or health.

Any person in Canada who owns or manages a listed substance in a quantity at or over the prescribed minimum quantity will be required to provide Environment Canada with information on the quantity of the substance, along with the facility location, a report that an environmental emergency plan has been prepared and a notice indicating that the emergency plan has been implemented within 90 days, six months and one year of the coming into force of the proposed Regulations, respectively. Any existing emergency plan may be used to satisfy the requirements of the proposed Regulations unless it does not entirely comply with the proposed Regulations. In this case, the plan will have to be amended to ensure it meets the prescribed requirements.

The emergency plan will have to address the types of emergencies that might reasonably occur, including both on-site and off-site consequences, and the associated prevention, preparedness, response and recovery issues.

Persons involved with an emergency plan along with their respective roles and responsibilities, will have to be identified in the plan. Any increase equal to or greater than 10 percent of the quantity reported will require the person to notify the Minister within 60 days after the change occurred. Affected facilities will have to notify Environment Canada when they no longer have a substance in a quantity equal to or exceeding the minimum quantity for 12 consecutive months.

The Regulations are proposed under subsection 200(1) of the Canadian Environmental Protection Act, 1999 and will come into force on the date of their registration by the Clerk of the Privy Council.

Alternatives

During the process leading to the decision to introduce the proposed Regulations, a number of alternatives were considered.

Status Quo

The status quo was examined but was not retained because it would not result in any reduction in the risk to human health and the environment from potential environmental emergencies.

Voluntary Measures

Until some spill reporting became mandatory under the National Pollutant Release Inventory, voluntary spill reporting under informal federal/provincial arrangements, such as Environment Canada's NATES (National Analysis of Trends in Emergencies System) spills database, were considered an accurate measurement of how many spills were occurring. Now, having had the opportunity to compare the mandatory versus the voluntary approach, approximately 10 percent of the spills were being reported under voluntary measures.

The potential risks to human life and the environment were estimated to be too great to allow firms to create voluntary environmental emergency plans. Also, the knowledge of where certain toxic or hazardous substances exist in Canada and the nature of what is stored has been a critical missing element in preparing for emergencies from an environmental, health protection and national security perspective. As a result of these factors, it was deemed necessary to legislate environmental emergency plans for the safety and protection of the environment and of all Canadians everywhere.

Regulations under CEPA, 1999

The introduction of a regulation under CEPA, 1999 was considered and accepted as the most appropriate approach to reducing the risk. Canadians are becoming more aware of the risks within their communities and are demanding that their communities adopt appropriate emergency management programs that meet international standards and best practices, to address natural and human-caused incidents, including terrorist threats and infrastructure vulnerabilities. The proposed Regulations were then selected as being the optimal measure to protect the environment and human health with respect to environmental emergencies.

Benefits and Costs

Benefits

The proposed Regulations will bring an immediate benefit in heightening the sense of Canadian public awareness that appropriate safety measures have been put in place. They will foster dialogue between owners of the substances and the local communities in regards to specific prevention, preparation, response and restoration. They will provide law enforcement agencies and first responders with relevant information on the scope of threat and location of critical facilities.

As a result of preparing and training for potential spill or accidental release scenarios, society at large will reap many benefits. In the event of an environmental emergency, the benefits of the proposed Regulations may take the form of human life saved both within the facility and the surrounding population, avoided health costs from minimized acute toxicity exposure, as well as avoided remediation of damage costs to the environment, including quality of air, water, soil, and protection of biodiversity as a result of a quick response time. The recovery rate will also be faster as contacts for clean-up will be set up in advance. Faster recovery implies a shorter disruption in products delivery and less lost workdays.

Many of the major environmental emergency events in small and medium enterprises are a result of lack of prevention and preparedness. This usually ends in difficult business recovery and bankruptcy. An important factor that may not be readily apparent is the expected heightened confidence that the public will feel due to Environment Canada's efforts in this area, especially those individuals who live near significant quantities of the particular substances listed in the proposed Regulations. These proposed Regulations represent the cornerstone of government-wide programming to deal with environmental emergencies.

Costs

Cost of Compliance

It is not expected that the compliance costs of the proposed Regulations will be significant. The number of Canadian facilities that will be affected by the proposed Regulations is estimated to be 1 500, i.e. one-tenth of the 15 000 US facilities that are currently subject to similar requirements under the Risk Management Planning Regulation which has been implemented under the US Clean Air Act. Many of the facilities are part of the chemical sector. Members of the Canadian Chemical Producers' Association (CCPA) represent approximately 90 percent of the operational capacity in this sector. As part of the Association's mandatory "Responsible Care Program," these companies already have emergency plans in place.

Also, consultations with representatives of the larger affected facilities in other sectors such as petroleum, mining and pulp and paper have confirmed that they also have emergency plans in place for safety, liability and insurance factors. However, industry feedback indicates that several companies may need to make some amendments to their existing plans particularly in the prevention and recovery areas. The compliance costs are expected to largely be related to the time it takes some of these companies to amend, if necessary, their existing emergency plan and the reporting of the required information by all affected facilities.

The only facilities that are not likely to have emergency plans in place are small to medium size enterprises such as those that may store ammonia or petroleum products above the minimum quantities. They will have to submit the same required information but, in these cases, they will have to prepare and implement the required environmental emergency plans. However, the flexibility provided by the proposed Regulations vis-à-vis local site considerations and implications for human exposure and environmental sensitivity will make it a fairly simple and straightforward planning exercise for most such facilities.

On the other hand, there likely are a few facilities that are located in areas, which pose a significant risk to either human health or the environment and currently do not have any emergency plans. The proposed Regulations may place an additional burden, such as paying the cost of hiring specialists to develop their environmental emergency plans.

It is estimated that less than one hour would normally be required to provide the required information in the majority of cases. Thus, the incremental compliance costs are expected to be minimal.

Cost to the Government

The cost to the Government will be related to the implementation of a processing and tracking system with respect to the submitted information. These costs are estimated to be around 150K $ annually, which includes salaries and benefits for two full time equivalents (FTEs).

Compliance promotion and enforcement costs are estimated at 350K $ per annum, and include salaries and benefits for 4 FTEs.

Consultation

A first round of consultation was held on December 18, 2001. Approximately 40 groups or individuals were represented at the session. Stakeholders included affected industry sectors and their associations (e.g. Canadian Chemical Producers Association, Canadian Petroleum Products Institute, Mining Association of Canada and Forest Products Association of Canada), various non-government organizations (e.g. environmental organizations, Federation of Canadian Municipalities, Canadian Association of Fire Chiefs), provincial/municipal representatives and other federal departments and agencies.

There was general support for the proposed Regulations and agreement to utilize the list of substances and thresholds developed by the Conseil pour la réduction des accidents industriels majeurs (CRAIM) as the basis for the drafting of the proposed Regulations. (CRAIM is the Montréal regional chapter of the former Major Industrial Accidents Council of Canada.) The provinces are also generally supportive of the initiative, the only issue being the need to avoid duplication with provincial legislated requirements in this area.

Compliance and Enforcement

Since the proposed Regulations will be promulgated under the Canadian Environmental Protection Act, 1999, CEPA enforcement officers will apply the Compliance and Enforcement Policy implemented under the Act. The policy outlines measures designed to promote compliance, including education, information, promoting of technology development and consultation on the development of the proposed Regulations.

When verifying compliance with the proposed Regulations, CEPA enforcement officers will abide by the CEPA Compliance and Enforcement Policy. This policy sets out the range of possible responses to violations: warnings, directions, environmental protection compliance orders, ticketing, ministerial orders, injunctions, prosecution, and environmental protection alternative measures (which are an alternative to a court trial after the laying of charges for a CEPA, 1999 violation). In addition, the policy explains when Environment Canada will resort to civil suits by the Crown for costs recovery.

When, following an inspection or an investigation, a CEPA enforcement officer discovers an alleged violation, the officer will choose the appropriate enforcement action based on the following factors:

— Nature of the alleged violation: This includes consideration of the damage, the intent of the alleged violator, whether it is a repeat violation, and whether an attempt has been made to conceal information or otherwise subvert the objectives and requirements of the Act.

— Effectiveness in achieving the desired result with the alleged violator: The desired result is compliance within the shortest possible time and with no further repetition of the violation. Factors to be considered include the violator's history of compliance with the Act, willingness to cooperate with enforcement officials, and evidence of corrective action already taken.

— Consistency: Enforcement officers will consider how similar situations have been handled in determining the measures to be taken to enforce the Act.

Contacts

Asit Hazra, Environmental Emergencies Branch, National Programs Directorate, Department of the Environment, Ottawa, Ontario K1A 0H3, (819) 953-1140 (Telephone), (819) 997-5029 (Facsimile), asit.hazra@ec.gc.ca (Electronic mail), or Céline Labossière, Regulatory and Economic Analysis Branch, Economic and Regulatory Affairs Directorate, Department of the Environment, Ottawa, Ontario K1A 0H3, (819) 997-2377 (Telephone), (819) 997-2769 (Facsimile), celine.labossiere@ec.gc.ca (Electronic mail).

PROPOSED REGULATORY TEXT

Notice is hereby given, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999 (see footnote a) , that the Governor in Council, pursuant to subsection 200(1) of that Act, proposes to make the annexed Environmental Emergency Regulations.

Any person may, within 60 days after the date of publication of this notice, file with the Minister of the Environment comments with respect to the proposed Regulations or a notice of objection requesting that a board of review be established under section 333 of that Act and stating the reasons for the objection. All comments and notices must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Tom Foote, Director, Environmental Emergency Branch, Department of the Environment, Ottawa, Ontario K1A 0H3.

A person who provides information to the Minister of the Environment may submit with the information a request for confidentiality under section 313 of that Act.

Ottawa, August 8, 2002

EILEEN BOYD
Assistant Clerk of the Privy Council

ENVIRONMENTAL EMERGENCY REGULATIONS

INTERPRETATION

1. The definitions in this section apply in these Regulations.

"Act" means the Canadian Environmental Protection Act, 1999. (Loi)

"environmental emergency plan" means a plan respecting the prevention of, preparedness for, response to and recovery from an environmental emergency in respect of a substance. (plan d'urgence environnementale)

LIST OF SUBSTANCES

2. For purposes of the definition "substance" in section 193 of the Act, the list of substances established under Part 8 of the Act consists of the substances set out in column 1 of Schedule 1.

APPLICATION

3. Section 4 to 9 do not apply to a substance with a concentration of less than one per cent.

IDENTIFICATION OF PLACES

4. (1) Any person who owns or has the charge, management or control of, at a place in Canada, a substance set out in column 1 of Schedule 1 in a quantity that at any time is equal to or exceeds the quantity set out in column 2, must submit to the Minister a notice containing the information set out in Schedule 2 for each such place.

(2) In determining quantity for the purposes of subsection (1), the person must include all quantities of the substance at the place, whether in storage or in use.

(3) The person must submit the notice within 90 days after the later of

(a) the day on which these Regulations come into force, and
(b) the day on which the quantity first equals or exceeds the quantity for that substance set out in column 2 of Schedule 1.

(4) The person must resubmit a notice to the Minister containing the information set out in Schedule 2 within 60 days after any of the following changes:

(a) any change to the information provided to the Minister in section 1 or 2 of Schedule 2; or
(b) any increase of 10 per cent or more in the maximum expected quantity of a substance reported under section 3 of Schedule 2.

(5) The person must notify the Minister within 90 days after the quantity of the substance in the place has become less than the quantity set out for the substance in column 2 of Schedule 1 for 12 consecutive months.

ENVIRONMENTAL EMERGENCY PLAN

5. (1) Subject to section 8, a person referred to in subsection 4(1) must prepare an environmental emergency plan with respect to the substance referred to in that subsection and must consider the following factors:

(a) the properties and characteristics of the substance and the maximum expected quantity of the substance at the place at any time during a calendar year;
(b) the commercial, manufacturing, processing or other activity in relation to which the plan is to be prepared;
(c) the characteristics of the place and the surrounding area that may increase the risk of danger to the environment or to human life or health; and
(d) the potential consequences from an environmental emergency on the environment and on human life or health.

(2) The environmental emergency plan must include the following information:

(a) a description of the factors considered under subsection (1);
(b) the identification of any environmental emergency that can reasonably be expected to occur at the place and that would likely cause harm to the environment or constitute a danger to human life or health, and identification of the harm or danger;
(c) a description of the measures to be used to prevent, prepare for, respond to and recover from any environmental emergency identified under paragraph (b);
(d) a list of the individuals who are to respond to an environmental emergency and a description of their roles and responsibilities;
(e) the identification of the training required for each of those individuals;
(f) a list of the equipment which may be used in emergency response and is included as part of the environmental emergency plan and the equipment's location; and
(g) the measures to be used to notify members of the public who may be adversely affected by an environmental emergency.

(3) For each place, the person must submit to the Minister a report with the information as set out in Part 1 of Schedule 3 and a notice, as set out in Part 2 of that Schedule and signed by the person or a duly authorized person, confirming that an environmental emergency plan has been prepared, within six months after the later of

(a) the day on which these Regulations come into force, and
(b) the day on which the quantity of the substance first equals or exceeds the quantity for that substance in column 2 of Schedule 1.

6. A person referred to in subsection 4(1) must implement and test the environmental emergency plan referred to in section 5 and must submit to the Minister a notice to that effect as set out in Schedule 4, signed by the person or a duly authorized person, within one year after the later of

(a) the day on which these Regulations come into force, and
(b) the day on which the quantity first equals or exceeds the quantity for that substance set out in column 2 of Schedule 1.

7. (1) The person must update and test the environmental emergency plan at least once a year to ensure that the plan meets the requirements of subsections 5(1) and (2) and must keep a copy of the plan readily available at the place where one or more substances are located.

(2) The person must keep with the plan, a record of the results from the annual reviews and tests for a period of not less than five years beginning on the day they are made.

8. (1) If a person referred to in subsection 4(1) has prepared or implemented an environmental emergency plan with respect to one or more of the substances set out in column 1 of Schedule 1 on a voluntary basis or for another government or under another Act of Parliament and the plan meets the requirements of subsections 5(1) and (2), the person may use that plan for the purposes of meeting those requirements.

(2) Where a person uses a plan that is as described in subsection (1) except that it does not meet all of the requirements of subsections 5(1) and (2), the person may use the plan if they

(a) amend the plan so that it meets all of those requirements; or
(b) prepare an additional plan that meets the remainder of those requirements.

9. The notices and reports referred to in subsections 4(1) and 5(3) and section 6 must be submitted in writing or in electronic format, if any, provided by the Department of the Environment.

COMING INTO FORCE

10. These Regulations come into force on the day on which they are registered.

SCHEDULE 1
(section 2, subsection 3(1), paragraph 4(3)(b), subsection 4(5),
paragraphs 5(3)(b) and 6(b) and subsection 8(1))

LIST OF SUBSTANCES

CAS Registry Number*	Column 1	Column 2
	Substance	Minimum Quantity (tonnes)
50-00-0	formaldehyde, solution	6.80
57-14-7	1,1-dimethylhydrazine	6.80
60-29-7	ethyl ether (diethyl ether)	4.50
60-34-4	methylhydrazine (monomethyl hydrazine)	6.80
67-66-3	chloroform (trichloromethane)	9.10
71-43-2	benzene	10.00
74-82-8	methane	4.50
74-83-9	methyl bromide	2.27
74-84-0	ethane	4.50
74-85-1	ethylene	4.50
74-86-2	acetylene	4.50
74-87-3	methyl chloride	4.50
74-88-4	methyl iodide	4.50
74-89-5	methylamine	4.50
74-90-8	hydrogen cyanide (hydrocyanic acid)	1.13
74-93-1	methyl mercaptan	4.50
74-98-6	propane	4.50
74-99-7	methylacetylene (propyne)	4.50
75-00-3	ethyl chloride	4.50
75-01-4	vinyl chloride	4.50
75-02-5	vinyl fluoride	4.50
75-04-7	ethylamine	4.50
75-07-0	acetaldehyde	4.50
75-08-1	ethyl mercaptan	4.50
75-15-0	carbon disulphide	9.10
75-18-3	dimethyl sulphide	150.00
75-19-4	cyclopropane	4.50
75-21-8	ethylene oxide	4.50
75-28-5	isobutane	4.50
75-29-6	2-chloropropane (isopropyl chloride)	4.50
75-31-0	isopropylamine	4.50
75-35-4	vinylidene chloride	4.50
75-37-6	difluoroethane (1,1-difluoroethane)	4.50
75-38-7	1,1-difluoroethylene (vinylidene fluoride)	4.50
75-44-5	phosgene	0.22
75-50-3	trimethylamine	4.50
75-55-8	propyleneimine	4.50
75-56-9	propylene oxide	4.50
75-64-9	tert-butylamine (2-amino-2-methylpropane)	150.00
75-74-1	tetramethyl lead	4.50
75-76-3	tetramethylsilane	4.50
75-77-4	trimethylchlorosilane (chlorotrimethylsilane)	4.50
75-78-5	dimethyldichlorosilane (dichlorodimethylsilane)	2.27
75-79-6	methyltrichlorosilane	2.27
76-06-2	chloropicrin (trichloronitromethane)	2.27
78-00-2	tetraethyl lead	2.27
78-78-4	isopentane (2-methylbutane)	4.50
78-79-5	isoprene	4.50
78-82-0	isobutyronitrile	9.10
79-21-0	peroxyacetic acid (peracetic acid)	4.50
79-22-1	methyl chloroformate	2.27
79-38-9	trifluorochloroethylene (chlorotrifluoroethylene)	4.50
91-08-7	toluene-2,6-diisocyanate	4.50
100-41-4	ethylbenzene	7000.00
106-89-8	epichlorohydrin	9.10
106-97-8	butane	4.50
106-98-9	1-butene	4.50
106-99-0	1,3-butadiene	4.50
107-00-6	ethylacetylene	4.50
107-01-7	2-butene	4.50
107-02-8	acrolein	2.27
107-05-1	allyl chloride	9.10
107-06-2	1,2-dichloroethane (ethylene dichloride)	6.80
107-07-3	ethylene chlorohydrin (2-chloroethanol)	4.50
107-11-9	allylamine	4.50
107-12-0	propionitrile	4.50
107-13-1	acrylonitrile	9.10
107-15-3	ethylenediamine	9.10
107-18-6	allyl alcohol	6.80
107-25-5	vinyl methyl ether	4.50
107-30-2	chloromethyl methyl ether (methyl chloromethyl ether)	2.27
107-31-3	methyl formate	4.50
108-05-4	vinyl acetate	6.80
108-23-6	isopropyl chloroformate	6.80
108-88-3	toluene	2500.00
108-91-8	cyclohexylamine	6.80
108-95-2	phenol	9.10
109-61-5	n-propyl chloroformate (propyl chloroformate)	6.80
109-66-0	n-pentane (pentane)	4.50
109-67-1	1-pentene	4.50
109-92-2	vinyl ethyl ether (ethyl vinyl ether)	4.50
109-95-5	ethyl nitrite	4.50
110-00-9	furan	2.27
110-82-7	cyclohexane	550.00
110-89-4	piperidine	6.80
115-07-1	propylene	4.50
115-10-6	dimethyl ether (methyl ether)	4.50
115-11-7	isobutylene (2-methylpropene)	4.50
116-14-3	tetrafluoroethylene	4.50
123-73-9	trans-crotonaldehyde	9.10
124-40-3	dimethylamine	4.50
126-98-7	methylacrylonitrile	4.50
151-56-4	ethyleneimine	4.50
302-01-2	hydrazine	6.80
353-42-4	boron trifluoride dimethyl etherate	6.80
460-19-5	cyanogen	4.50
463-49-0	propadiene	4.50
463-51-4	ketene	0.22
463-58-1	carbonyl sulphide (carbon oxysulfide)	4.50
463-82-1	2,2-dimethylpropane	4.50
504-60-9	1,3-pentadiene	4.50
506-68-3	cyanogen bromide	6.80
506-77-4	cyanogen chloride	4.50
509-14-8	tetranitromethane	4.50
542-88-1	bis(chloromethyl) ether [dichlorodimethyl ether]	0.45
556-64-9	methyl thiocyanate	9.10
557-98-2	2-chloropropene (2-chloropropylene)	4.50
563-45-1	3-methyl-1-butene	4.50
563-46-2	2-methyl-1-butene	4.50
584-84-9	toluene-2,4-diisocyanate	4.50
590-18-1	cis-2-butene (2-butene-cis)	4.50
590-21-6	1-chloropropene (1-chloropropylene)	4.50
594-42-3	perchloromethyl mercaptan	4.50
598-73-2	bromotrifluoroethylene	4.50
624-64-6	trans-2-butene (2-butene-trans)	4.50
624-83-9	methyl isocyanate	4.50
627-20-3	cis-2-pentene (beta-cis-amylene)	4.50
630-08-0	carbon monoxide	6.80
646-04-8	trans-2-pentene (trans-beta-amylene)	4.50
689-97-4	1-buten-3-yne (vinyl acetylene)	4.50
814-68-6	acryloyl chloride (acrylyl chloride)	2.27
1330-20-7	xylenes	8000.00
1333-74-0	hydrogen	4.50
4109-96-0	dichlorosilane	4.50
4170-30-3	crotonaldehyde	9.10
7439-97-6	mercury	1.00
7446-09-5	sulphur dioxide	2.27
7446-11-9	sulphur trioxide	4.50
7550-45-0	titanium tetrachloride	1.13
7616-94-6	perchloryl fluoride (trioxychlorofluoride)	6.80
7637-07-2	boron trifluoride	2.27
7647-01-0	hydrochloric acid (concentration 30% or greater)	6.80
7647-01-0	hydrogen chloride, anhydrous	2.27
7664-39-3	hydrofluoric acid (concentration 50% or greater)	0.45
7664-39-3	hydrogen fluoride, anhydrous	0.45
7664-41-7	ammonia solution (concentration 20% or greater)	9.10
7664-41-7	ammonia, anhydrous	4.50
7697-37-2	nitric acid (concentration 80% or greater)	6.80
7719-09-7	thionyl chloride	6.80
7719-12-2	phosphorus trichloride	6.80
7722-84-1	hydrogen peroxide (concentration 52% or greater)	3.40
7723-14-0	phosphorus, white	1.00
7726-95-6	bromine	4.50
7775-09-9	sodium chlorate	10.00
7782-41-4	fluorine	0.45
7782-50-5	chlorine	1.13
7783-06-4	hydrogen sulphide	4.50
7783-07-5	hydrogen selenide	0.22
7783-60-0	sulphur tetrafluoride	1.13
7784-34-1	arsenic trichloride (arsenous trichloride)	6.80
7784-42-1	arsine	0.45
7790-94-5	chlorosulphonic acid	4.50
7790-98-9	ammonium perchlorate	3.40
7791-21-1	chlorine monoxide (dichlorine oxide)	4.50
7803-51-2	phosphine	2.27
7803-52-3	stibine	2.27
7803-62-5	silane	4.50
8006-14-2	natural gas	4.50
8014-95-7	sulphuric acid, fuming (oleum)	4.50
8030-30-6	naphtha	50.00
10025-78-2	trichlorosilane	4.50
10025-87-3	phosphorus oxychloride	2.27
10035-10-6	hydrogen bromide (hydrobromic acid)	2.25
10049-04-4	chlorine dioxide	0.45
10102-43-9	nitric oxide	4.50
10102-44-0	nitrogen dioxide	1.13
10294-34-5	boron trichloride	2.27
13463-39-3	nickel carbonyl	0.45
13463-40-6	iron pentacarbonyl	1.13
19287-45-7	diborane	1.13
20816-12-0	osmium tetroxide	0.22
25167-67-3	butylene (butene)	4.50
26471-62-5	toluene diisocyanate	4.50
86290-81-5	gasoline (motor fuel)	150.00

^* The Chemical Abstracts Service (CAS) Registry Number is the property of the American Chemical Society and any use or redistribution is not permitted without the prior written permission of the American Chemical Society, except if the use or redistribution is required by law.

SCHEDULE 2
(Subsections 4(1) and (4))

IDENTIFICATION OF SUBSTANCE AND PLACE

NOTICE AND STATEMENT OF CERTIFICATION

1. Location of a Place Where One or More Substances are Located

2. Head Office (if different from above)

3. For each Substance Located at the Place

NOTE: Please provide the information set out in section 3 for each substance that is located at the place.

I hereby certify that the information provided in this Schedule is true, accurate and complete.

---

Signature of the person or duly authorized representative

Please print name __________________________________

Title                    ___________________________________

Date                   ___________________________________

SCHEDULE 3
(Subsection 5(3))

PREPARATION OF AN ENVIRONMENTAL EMERGENCY PLAN

PART 1

REPORT

1. Location of a Place Where One or More Substances are Located

2. Use of Prior Plans

2.1 Are you using an environmental emergency plan prepared or implemented on a voluntary basis?

Yes/No

2.2 Are you using an environmental emergency plan prepared or implemented for another government?

Yes/No

If yes, please specify.
___________________________________________________

2.3 Are you using an environmental emergency plan prepared or implemented under another Act of Parliament?

Yes/No

If yes, please specify.
___________________________________________________

3. Local-level Involvement

3.1 Have local authorities been involved in the plan's development?

Yes/No

If yes, please specify the names of the local authorities.
___________________________________________________

3.2 Have community or interest groups been involved in the plan's development?

Yes/No

If yes, please specify the names of the community or interest groups.
___________________________________________________

3.3 Is the plan or its relevant parts available to the appropriate local authorities who may be involved in an emergency response, such as the police and fire departments?

Yes/No

4. Environmental Emergency Plan Information

For each substance for which the environmental emergency plan is prepared complete the following:

Substance                                                                                   

CAS Registry Number                                                                

Nature of activities at the place
where the substance is located                                                     

Is the substance (check (v)):

(a) manufactured                                             ( )
(b) processed                                                  ( )
(c) stored                                                         ( )
(d) other^*                                                         ( )

^*please explain

PART 2

NOTICE

I hereby certify that an environmental emergency plan has been prepared and that the information provided in Part 1 is true, accurate and complete.

Signature of the person or duly authorized representative

Please print name _________________________________

Title                    _________________________________

Date                   _________________________________

SCHEDULE 4
(Section 6)

NOTICE

IMPLEMENTATION AND TESTING OF AN ENVIRONMENTAL EMERGENCY PLAN

1. Location of a Place Where One or More Substances are Located

2. Implementation and Testing of the Environmental Emergency Plan

Date of testing of the plan     __________________________________________

List any local authorities or community organizations or interest groups that have been involved in testing of the plan

__________________________________________________________________

I hereby certify that an environmental emergency plan has been implemented and tested with respect to the substance referred to in
section 1.

Signature of the person or duly authorized representative

Please print name___________________________________

Title          ________________________________________

Date         ________________________________________

[32-1-o]

Regulations Amending the British Columbia Sport Fishing Regulations, 1996

Statutory Authority

Fisheries Act

Sponsoring Department

Department of Fisheries and Oceans

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The British Columbia Sport Fishing Regulations, 1996 are made pursuant to the Fisheries Act and control recreational fishing in the tidal and inland waters of British Columbia. The current amendments propose a number of changes to the regulatory provisions that relate to recreational fishing in the province's tidal waters. The amendments will allow more effective management of the recreational fishery while continuing to provide good recreational fishing opportunities. The changes include the following:

Change of daily recreational shrimp quota

The current quota of five kilograms (kg) of shrimp in the shell or two kg of shrimp with the head and thorax removed will be changed to a quota of 200 shrimp.

This new daily quota will allow recreational fishers to determine more easily and accurately how much shrimp they have caught without the need of weigh scales. Currently, fishers approximate the weight of their catch by half filling a four-litre container with shrimp (heads removed). Unfortunately, this practice puts fishers at risk of unknowingly exceeding catch limits, and fishery officers find the current weight quota difficult to enforce. A quota expressed as a number of shrimp is much easier to both comply with and to enforce.

Two hundred shrimp is estimated to be the closest equivalent to the current weight limits.

Identify recreational traps with operator's name

Currently, the Regulations require fishing gear to have a buoy attached to each end of the gear, and the gear owner's name must be printed on the buoys. In addition, in the recreational shrimp, crab and octopus fisheries, trap owners are allowed to let other fishers use their traps as long as the total number of traps per person does not exceed the maximum and the line of traps is properly marked.

For example, under the current regulatory system, an owner of 12 shrimp traps can allow three people to each operate four of the 12 traps (four shrimp traps maximum per person). The owner does not need to be fishing at all. As a result, the 12 traps can be strung together on the same ground-line with one buoy at each end printed with the trap owner's name even though three other people are actually fishing those traps.

Unfortunately, in the recreational shrimp, crab and octopus fisheries, the current rule, requiring only the owner's name on the buoys, makes it difficult for enforcement personnel to determine who is actually operating (fishing) the traps. It is also difficult to ascertain who is responsible should a regulatory violation occur and has provided opportunities for poachers to overfish or exceed gear limitations.

In addition, with long lines of traps in the water, other fishers cannot easily see where other fishers' gear is set and may end up setting their ground-lines over those of others, causing gear entanglements.

To more clearly identify the person responsible for fishing with the traps, this amendment will add a provision requiring the name of the operator of recreational crab, shrimp or octopus traps (i.e. the person who is fishing the gear) to be displayed on the buoys attached to the gear. This will effectively limit a ground-line to the gear of a single fisher, since current regulations allow only one name to be displayed on a buoy.

Allow marking of two traps with one buoy

Under existing regulations, each end of a ground-line must be marked with a buoy unless one end is attached to the shore. This requirement applies no matter how many traps are attached to the line. A ground-line is a rope or line which lies on the sea floor and which has traps attached at regular intervals. Buoys are attached to the ends of ground-lines with buoy lines.

The requirement to have a buoy attached to each end of a ground-line can be problematic when the ground-line is very short (i.e. only one or two traps attached). Under normal conditions, buoys and their lines tend to float around on the water's surface in response to wind and wave action. Because of this, when a buoy and line is attached to each end of a short ground-line, there is a greater risk that the two buoys and lines will become entangled which can make gear recovery difficult.

To minimize the occurrences above in the recreational shrimp, crab, and octopus fisheries, a provision will be added to the Regulations to allow a ground-line with no more than two traps on it to be marked with a single buoy at one end. For ground-lines with more than two traps attached, the two-buoy rule (one at each end) will continue to apply.

Length measurement for lingcod

The Regulations currently prohibit anglers from keeping lingcod that measure less than 65 cm in overall length. Anglers are also prohibited from retaining lingcod that are less than 53 cm in length when the head is removed. However, depending on how the head is removed (straight line versus an angled cut), it is possible for a whole fish to be illegal (under 65 cm) while the same fish, once its head is removed, can be within the legal length limit if the measurement is taken along the longest side. This is a particular problem in the Campbell River area where the majority of lingcod are one or two centimetres under the legal retention size when whole, but can be within the legal length limit when the head is removed.

This amendment proposal will specify that a lingcod with its head removed must be measured along the shortest length of the body to the tip of the tail. The provision will ensure that no matter how the head is removed, the length will always be measured in the same way. This amendment will improve the ability of Fisheries and Oceans Canada to enforce the head-off lingcod size limit and will also enhance the conservation of juvenile lingcod stocks.

Repeal of obsolete provision

Some years ago, a provision was established under these Regulations requiring operators of charter fishing vessels, carrying sport halibut fishers, to obtain a licence from the International Pacific Halibut Commission (IPHC). At the time, the licensing provision was used to develop a list of sport charter operators for the purposes of distributing information to that industry. As the IPHC found more convenient electronic means of communicating with the charter fishing industry, the licensing requirement became obsolete.

As a result, this regulatory provision will be repealed. The amendment will have no effect on charter vessel operators or the sport fishers to whom they provide services.

Related ticketable offences adjustments

Adjustments will be made to the ticketable offences schedule to take into account the new gear provisions in the recreational shrimp, crab and octopus fisheries. Fines for new or adjusted offences will be commensurate with similar existing offences. For example, the fine for the existing offence of angling with more than one fishing line in certain waters is $150. Similarly, the new fine for fishing using improperly identified buoys or for one operator using more than four shrimp traps will be $150 respectively.

Technical amendments

In addition to the above, a number of minor amendments are being made so that provisions relating to the same subject (e.g. aggregate quotas in different bodies of water) will use consistent wording and eliminate ambiguity. The need for these amendments was brought to the attention of the Department of Fisheries and Oceans (DFO) by the Standing Joint Committee for the Scrutiny of Regulations (SJC).

Alternatives

Change of daily recreational shrimp quota

Maintaining a daily quota for shrimp based on a weight measurement will not address the difficulty fishers have in determining if their catch is in compliance with the Regulations. Nor will the status quo deal with the problems fishery officers have in monitoring compliance.

This amendment is the only way to allow more effective enforcement of and promote better compliance with the Regulations.

Identify recreational traps with operator's name

The status quo makes it impossible for fishery officers to determine if a trap operator is abiding by recreational trap limits. To promote better compliance and effect better enforcement of trap provisions, there is no alternative to this amendment.

Allow marking of two traps with one buoy

One alternative was to require each trap to have a buoy. Once reviewed and consulted upon, this alternative was considered too onerous for recreational fishers, as it requires twice as many buoys and buoy lines as the present proposal. The purchase of additional buoys and buoy lines could double the cost of participation in the fishery. The recreational fishing sector also expressed concerns over additional buoys interfering with navigation.

Another alternative considered was allowing all ground-lines used in these fisheries to be marked with a single buoy at one end. This option was rejected as it would not help the enforcement of trap limits. Under the existing Regulations, the trap maximums in these recreational fisheries are two traps for crab, four for shrimp and no limit for octopus traps.

Ground-lines marked with single buoys would not allow fishery officers to readily determine whether the line had one, two, four or twenty traps attached to it. It would also make it more difficult to assess recreational fishing effort.

From the fisher's point of view, more effort would be required to pull up a line with a single buoy if the line has more than two traps attached. It would also make the checking and recovery of traps more difficult. Also, for ground-lines with more than two traps, two buoys improve gear recovery if one end of the line is lost or the gear is caught on the bottom.

Length measurement for lingcod

If the method for measuring the length of lingcod with the head removed is not specified, fishers can continue to angle the cut when removing the head so as to maintain maximum length. This alternative compromises the ability of DFO to protect juvenile lingcod, which are at low levels in the Strait of Georgia.

The alternative of not allowing the head to be removed was also considered, however, since lingcod are a large fish, they are more cumbersome to store and transport with the head attached. The current practice is to remove the head and store the fish to preserve the quality of the fish while it is being transported.

Other amendments

There are no alternatives to the amendments relating to repealing the IPHC licensing provision, to amending the ticketable offences schedule or to making the corrections pointed out by the SJC.

Benefits and Costs

Change of daily recreational shrimp quota

Moving to a daily quota expressed as a number of shrimp rather than a weight measure will be easier for fishers and will improve compliance with the Regulations.

The shift from a weight quota to a number quota will likely result in fishers keeping larger shrimp and releasing the smaller, immature shrimp. The targeting of larger-sized shrimp will give fishers incentive to use larger mesh nets in their traps so that excessive sorting of shrimp is not necessary.

The Department will encourage the use of larger mesh by providing informational material advocating larger mesh sizes for recreational shrimp fishing. The larger mesh will permit the escape of smaller shrimp and will allow them additional growth time.

This amendment will not impact the commercial shrimp trawl fishery as the method of fishing is different and targets the smaller non-prawn species of shrimp. The recreational fishers use traps (trawl gear is not permitted) so their fishery primarily targets larger prawn shrimp.

Identification of recreational traps and marking two traps with one buoy

With the proposed amendment, the enforcement of the recreational trap limits will be improved as will the management of the recreational shrimp, crab and octopus fisheries.

Fishery officers will not have to contend with long lines of gear operated by multiple licence holders. Gear will be marked with the name of the operator (the fisher using it) and fishers will only haul buoys marked with their name. Clear identification of gear will make routine patrol and inspection easier. The elimination of long strings of traps will improve estimates of the number of traps deployed (i.e., fishing effort assessments) which will improve management of the fishery.

The gear identification changes will also help reduce the incidence of poaching. It will be more difficult for poachers to set unidentified traps or to haul out traps identified clearly as belonging to someone else. Gear theft may also be reduced by improved identification requirements.

Fishers will benefit by knowing where other recreational fishers have set their gear. This will minimize incidences of tangled or lost gear as fishers will be less likely to set their gear too near the equipment of others. Gear costs for fishers will be lowered slightly because of the new single buoy for a two-trap line rule.

Other amendments

The amendment relating to lingcod measurement will have no negative impact on fishers or the public as it merely clarifies how measurements are to be taken. It will, however, improve enforcement.

The new and amended ticketable offences and fines will make enforcement of the Regulations easier for fishery officers by providing additional enforcement tools. Ticketable offences will also be less onerous for potential offenders than court appearances.

No impact is anticipated by the repeal of the obsolete IPHC licensing provision. The SJC amendments will simply clarify and make similar regulatory provisions consistent with each other.

Consultation

In January 2000, the Groundfish and Shellfish Subcommittee of the Sports Fishing Advisory Board (SFAB) submitted a recommendation to the main Board in favour of the proposed changes to the daily shrimp quota and to trap marking requirements. The subcommittee's recommendations were endorsed by the SFAB. The SFAB provides advice to the Department on behalf of the 645 000 tidal and non-tidal recreational fishers in the Pacific Region.

The Shrimp Sectoral Committee, the main advisory body to the Department on matters related to the shrimp-by-trap fishery, discussed the proposals on a number of occasions during 2000 and early 2001 and recommended in favour of the changes. This committee includes elected representatives of the commercial licence holders, and invited representatives of fish buyers, the provincial government, the SFAB, First Nations, and the Coastal Communities Network.

The proposed changes to the daily shrimp quota and to trap marking requirements were identified in the 2000 Shrimp and Shrimp by Trap Integrated Fishery Management Plan. This plan is distributed to all commercial licence holders and to all coastal First Nations, and is available to the public from DFO offices and on the Department's Pacific Region Internet site.

Change the daily recreational shrimp quota

The SFAB Groundfish and Shellfish Subcommittee recommended the change from a weight quota to a quota of 200 shrimp. When the recommendation went forward to the full Board, a few members suggested that the proposed quota of 200 shrimp be raised to 300.

Although the proposal quota increase to 300 shrimp was supported by the SFAB, the Department explained that a daily limit of 200 shrimp was more appropriate given the growing level of effort in the recreational fishery and that the 200 piece count is equivalent to the current daily weight limit. The SFAB was satisfied that this was the appropriate decision.

In addition, some commercial fishers, represented on the Shrimp Sectoral Committee, were of the view that a daily quota of 200 pieces of shrimp for recreational fishers was too generous. Again, DFO explained that 200 shrimp was the most appropriate quota for all concerned because it maintains the status quo (equivalency with current quota) while making enforcement and compliance easier.

First Nation representatives offered no objections to this proposed change.

Identification of recreational traps with operator's name

The SFAB Groundfish and Shellfish Subcommittee also recommended that the fisher's name be marked on the buoys instead of the owner's name which is the current requirement. Since existing Regulations only allow one-name buoy markers, ground-lines will effectively be limited to the gear of a single fisher. The SFAB unanimously endorsed this amendment.

Allow the marking of two trap ground-lines with one buoy

The SFAB was in favour of allowing one buoy to mark four trap ground-lines rather than a two trap maximum proposed in these amendments. The current maximum for crab traps per person is two while four shrimp traps is the most permitted per person.

The Department, however, determined that one buoy for a four trap ground-line was not appropriate for the following reasons:

(1) With a longer ground-line (i.e. one with four traps), should the gear get hung-up on the bottom, the second buoy and line would allow the gear to be recovered by hauling on the other end in a different direction.

(2) A longer four-trap ground-line, having a buoy at each end with the same name and markings, would allow other fishers to recognize the gear of one fisher. This would prevent their setting their gear between the two buoys and thus avoid causing gear entanglements.

(3) For longer ground-lines, there is an increased possibility of buoys being lost due to vessel traffic, of buoys failing (i.e. filling with water and sinking) or of lines breaking. In these instances, a second buoy at the opposite end of the ground-line would act as a back-up line for gear recovery.

First Nations had previously expressed concern about poaching and about increased fishing effort in these recreational fisheries (i.e. long strings of gear by more people). The changes to trap identification and marking proposed above will help to address these concerns by improving compliance and enforcement.

Compliance and Enforcement

The proposed amendments will improve compliance and enforcement, without any requirement for additional resources, by making it easier for both fishers and for fishery officers to determine that catches and trap limits are being respected.

Most recreational fishers presently put their own names on buoys and set their gear on separate lines. This change will affect poachers who set large quantities of gear under a single name. Information and education will facilitate the transition to the new Regulations on ground-line buoys and marking rules and will improve compliance and enforcement in the recreational shrimp, crab and octopus fisheries.

These changes will be described in the biannual British Columbia Tidal Waters Sport Fishing Guide published by the Department and made available to all recreational harvesters and will also be described in a Departmental information pamphlet Advice for Recreational Shrimp Fishers. This pamphlet has been available to recreational fishers and other interested parties on request for the past two years, and is available on the Department's Pacific Region Internet site. The education aspect will continue once the Regulation is introduced, with fishery officers advising recreational trap fishers on the water. A phased-in enforcement approach of informing, warning and then charging will be adopted.

In addition, the Fisheries Act provides that, upon conviction, penalties for contraventions of the Regulations may include fines of up to $500,000 and/or court imposed forfeitures of fishing gear, catch, vessels and other equipment used in committing the offence. The courts may also impose licence suspensions.

Contact

Wendy Grider, Chief, Regulations Unit, Conservation and Protection, Fisheries Management, Department of Fisheries and Oceans, 470-555 West Hastings Street, Vancouver, British Columbia V6B 5G3, (604) 666-6408 (Telephone), (604) 666-4313 (Facsimile), GriderW@pac.dfo-mpo.gc.ca (Electronic mail) or Sharon Budd, Regulatory Analyst, Legislative and Regulatory Affairs, Department of Fisheries and Oceans, 200 Kent Street, Ottawa, Ontario K1A 0E6, (613) 993-0982 (Telephone), (613) 990-2811 (Facsimile).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 43 (see footnote b)  of the Fisheries Act, proposes to make the annexed Regulations Amending the British Columbia Sport Fishing Regulations, 1996.

Any interested person may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, the date of this notice and must be addressed to Wendy Grider, Chief, Regulations Unit, Conservation and Protection, Fisheries Management, Fisheries and Oceans Canada, 470-555 West Hastings Street, Vancouver, British Columbia, V6B 5G3, Telephone: (604) 666-6408, Fax: (604) 666-4313.

Ottawa, August 8, 2002

EILEEN BOYD
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE BRITISH COLUMBIA SPORT FISHING REGULATIONS, 1996

AMENDMENTS

1. The definition "kokani" in subsection 2(1) of the French version of the British Columbia Sport Fishing Regulations, 1996 (see footnote 1)  is replaced by the following:

« kokani » Saumon rouge confiné aux eaux intérieures. (kokanee)

2. Subsection 3(2) of the Regulations is replaced by the following:

(2) These Regulations do not apply in respect of fishing in waters to which the National Parks of Canada Fishing Regulations apply.

3. Section 19 of the Regulations is repealed.

4. (1) The portion of subsection 29(1) of the Regulations before paragraph (a) is replaced by the following:

29. No person shall catch and retain in any Subarea

(2) Paragraph 29(d) of the Regulations is replaced by the following:

(d) a lingcod that measures less than 65 cm in overall length or that measures, with the head off, less than 53 cm in length when measured along the shortest length of the body to the tip of the tail.

5. Sections 39 and 40 of the Regulations are replaced by the following:

39. (1) No person shall fish for crab with more than two ring nets, dip nets and crab traps in the aggregate.

(2) No person shall fish for crab with a ring net or crab trap unless a tag, float or buoy that bears the operator's name is attached to the net or trap.

(3) Despite subsection (2), if two crab traps are attached to one ground-line, it is sufficient to attach a tag, float or buoy that bears the operator's name to one end of the ground-line.

40. (1) No person shall fish for shrimp with more than four shrimp traps.

(2) No person shall fish for shrimp with a shrimp trap unless a tag, float or buoy that bears the operator's name is attached to the trap.

(3) Despite subsection (2), if two traps are attached to one ground-line, it is sufficient to attach a tag, float or buoy that bears the operator's name to one end of the ground-line.

(4) For greater certainty, if more than two traps are attached to one ground-line, paragraph 27(6)(b) of the Fishery (General) Regulations applies.

40.1 (1) No person shall fish for octopus with an octopus trap unless a tag, float or buoy that bears the operator's name is attached to the trap.

(2) Despite subsection (1), if two traps are attached to one ground-line, it is sufficient to attach a tag, float or buoy that bears the operator's name to one end of the ground-line.

(3) For greater certainty, if more than two traps are attached to one ground-line, paragraph 27(6)(b) of the Fishery (General) Regulations applies.

6. The Regulations are amended by adding the following after section 41:

41.1 No person shall set, operate or leave unattended in the water any ring net or any crab, shrimp or octopus trap unless the tag, float or buoy attached to the ring net or trap bears the operator's name.

7. Section 46 of the English version of the Regulations is replaced by the following:

46. No person shall catch and retain in a month in any lake or stream, more than 10 chinook salmon, in the aggregate, that measure more than 50 cm in overall length.

8. The portion of section 49 of the English version of the Regulations before the table is replaced by the following:

49. No person shall fish for salmon by a method or with a type of gear or bait set out in column I of an item of the table to this section in any Subarea, lake or stream during the close time set out in column II of that item.

9. The portion of section 57 of the English version of the Regulations before paragraph (a) is replaced by the following:

57. No person shall catch and retain in a day in any lake or stream, more than

10. Section 59 of the Regulations is replaced by the following:

59. No person shall catch and retain in a month more than two steelhead in any lake or stream.

11. The portion of item 15 of Schedule V to the Regulations in column II is replaced by the following:

Item	Column II Daily Quota
15.	200

12. Item 24 of Schedule VIII to the Regulations is repealed.

13. Items 59 and 60 of Schedule VIII to the Regulations are replaced by the following:

Item	Column I Provision of Regulations	Column II Offence	Column III Fine ($)
59.	39(1)	Fish for crab with more than two ring nets, dip nets and crab traps in the aggregate	150
59.1	39(2)	Fish for crab with ring net without an attached tag, float or buoy that bears operator's name	150
59.2	39(2)	Fish for crab with crab trap without an attached tag, float or buoy that bears operator's name	150
60.	40(1)	Fish for shrimp with more than four shrimp traps	150
60.1	40(2)	Fish for shrimp with shrimp trap without an attached tag, float or buoy that bears operator's name	150
60.2	40.1(1)	Fish for octopus with octopus trap without an attached tag, float or buoy that bears operator's name	150

14. Schedule VIII to the Regulations is amended by adding the following after item 61:

Item	Column I Provisionof Regulations	Column II Offence	Column III Fine ($)
61.1	41.1	Set ring net with tag, float or buoy that does not bear operator's name	150
61.2	41.1	Set crab trap with tag, float or buoy that does not bear operator's name	150
61.3	41.1	Set shrimp trap with tag, float or buoy that does not bear operator's name	150
61.4	41.1	Set octopus trap with tag, float or buoy that does not bear operator's name	150
61.5	41.1	Operate ring net with tag, float or buoy that does not bear operator's name	150
61.6	41.1	Operate crab trap with tag, float or buoy that does not bear operator's name	150
61.7	41.1	Operate shrimp trap with tag, float or buoy that does not bear operator's name	150
61.8	41.1	Operate octopus trap with tag, float or buoy that does not bear operator's name	150
61.9	41.1	Leave unattended ring net with tag, float or buoy that does not bear operator's name	150
61.10	41.1	Leave unattended crab trap with tag, float or buoy that does not bear operator's name	150
61.11	41.1	Leave unattended shrimp trap with tag, float or buoy that does not bear operator's name	150
61.12	41.1	Leave unattended octopus trap with tag, float or buoy that does not bear operator's name	150

COMING INTO FORCE

15. These Regulations come into force on the day on which they are registered.

[32-1-o]

Regulations Amending the Pacific Fishery Regulations, 1993

Statutory Authority

Fisheries Act

Sponsoring Department

Department of Fisheries and Oceans

REGULATORY IMPACT ANALYSIS STATEMENT

Description

Amendments are proposed to the Pacific Fishery Regulations, 1993, made pursuant to the Fisheries Act, to improve the management of the shrimp trawl fishery in response to management, conservation and habitat issues. An important issue is enhancing the selectivity of shrimp trawl gear to avoid eulachon by-catch by prescribing separate close times for fishing by means of beam trawl and otter trawl.

Fisheries and Oceans Canada is concerned about the conservation of eulachon stocks as a result of poor returns of eulachon to many British Columbia rivers. Poor returns during 1997 and 1998 to the Fraser River resulted in a closure of the only commercial eulachon fishery in British Columbia. Some First Nations have also expressed concern about the state of the eulachon stocks and the possible impact on their food, social and ceremonial requirements.

Eulachon are caught in directed fisheries in rivers and may be caught during the juvenile stage in offshore areas as by-catch in other fisheries, such as the shrimp trawl fishery. The by-catch of eulachon in the offshore shrimp trawl fisheries has been of particular concern during recent years of low eulachon abundance. In response, a precautionary approach to eulachon by-catch has been adopted for the shrimp trawl fishery. "By-catch action levels" are set annually for eulachon and exceeding these levels may initiate closures of the shrimp trawl fishery or the requirement for more selective gear, in response to an in-season estimate of eulachon by-catch reaching a predetermined level.

Shrimp trawlers use one of two types of trawl gear: beam trawl (the trawl net is held open and towed by means of a beam or pole) and otter trawl (the trawl net is held open and towed by means of otter boards or "doors"). Generally speaking, larger vessels, those greater than 12.5 m, fish in offshore areas and use the higher-yielding otter trawl gear, while smaller vessels use beam trawls and fish inshore areas. Smaller vessels are constrained in fishing offshore waters by safety concerns raised by sea and weather conditions. Although over 75 percent of the licensed shrimp trawl vessels use beam trawls, otter trawls usually account for at least 50 percent of the shrimp catch, depending on annual shrimp abundance, and account for the majority of catch in offshore areas. Catch rates of shrimp are higher with the more efficient otter trawl than with the beam trawl.

Sampling undertaken in the commercial shrimp trawl fishery from 1997 to 2000 indicated that the by-catch rate of eulachon with otter trawl gear is significantly higher than with beam trawl gear. Depending on the abundance of eulachon in the offshore fishing area, the by-catch rates of eulachon with otter trawl gear range from 13 times to more than 50 times greater than with beam trawl gear. During the 2000 shrimp fishery, eulachon by-catch rates in otter trawls contributed to over 95 percent of the total estimated eulachon by-catch.

At this time, a definitive explanation as to why the by-catch rate of eulachon is higher with otter trawls than with beam trawls has not been advanced nor determined. Some of the suggested possible reasons include acoustics, the sound the gear produces while it is being towed through the water; speed of the vessel; and height and shape of the opening of the trawl net (beam trawls are generally smaller nets). Further studies are required in this regard.

Precautionary "eulachon by-catch action levels" set as part of the annual shrimp trawl fishery management plan have resulted in early in-season fishery closures. For example, in 2000, the fishery off the west coast of Vancouver Island opened for a five-month season but was closed on reaching the predetermined precautionary eulachon by-catch action level after just six weeks of fishing activity. Following a six-week closure while assessments and consultation were undertaken and options developed, the fishery was re-opened to the use of beam trawls only. The prohibition on the use of otter trawl gear was accomplished through an amendment of licence conditions.

The shrimp trawl industry is actively pursuing selective fishing practices and experimentation to reduce the by-catch of eulachon in otter trawls. Conservation concerns for eulachon stocks however require that by-catch levels in the shrimp trawl fishery be actively managed through the use of closures to otter trawl gear when the by-catch levels are too high. The proposed amendment to the Regulations would allow in-season management by permitting the separate variation of close times for beam trawl and otter trawl. Currently, only one close time is prescribed for shrimp trawl gear so the fishery is either open for all types of trawl gear or closed entirely. The Regional Director-General will continue to exercise the authority under the Fishery (General) Regulations to vary close times. Areas will be closed to one or both gear types when predetermined precautionary eulachon by-catch action levels are reached.

Alternatives

Four alternatives to the proposed amendment were considered.

1. Fishery closure to all gear types: The fishery is closed to all shrimp trawl fishing once eulachon by-catch action levels are reached. This alternative has been proven ineffective in promoting selective fishing practices as it does not allow for further fishing opportunities with selective gear, i.e. sampling programs have shown that eulachon by-catch by beam trawl gear has been negligible. Complete fishing closures over large areas and major fishing grounds (e.g. the fishery off the West Coast of Vancouver Island, which is British Columbia's largest shrimp trawl fishery) would result in a significant loss of income and likely cause fishing effort to escalate in other areas.

2. Conditions of licence: Issue shrimp trawl licences with a condition that permits only beam trawl gear in waters where there is a high incidence of eulachon by-catch. Eulachon by-catch occurs primarily in offshore waters where eulachon spend the first two years of their life. Restricting offshore areas to the use of beam trawls only would likely cause the larger vessels to move to inshore areas. The influx of vessels to inshore areas would result in increased competition for those smaller vessels using beam trawls that have traditionally fished inshore and the increase in fishing effort would likely create problems in managing the inshore shrimp fishery. Issues of habitat impacts, management and/or public concerns in inshore areas could result in further closures on the use of otter trawl gear and could eventually see otter trawls removed from the fishery entirely. This alternative would be perceived as a significant allocation issue by those fishers who use otter trawl gear.

3. Amendment of licence conditions: The option of amending licence conditions in-season for conservation reasons to permit only beam trawl gear in waters where eulachon by-catch action levels have been reached has been used for the past two fishing seasons. Although this is currently the best option available to managers and fisher, this action may require up to four in-season amendments each year and in the past has required temporary fishery closures while amendments are issued. Amendment of licence conditions is administratively time-consuming for the Department and is best reserved for unexpected conservation issues. Also, closures to the fishery while amendments are prepared and issued result in disruption of the supply of shrimp to markets.

4. Prohibition of the use of otter trawl gear: Safety would be a consideration in eliminating the larger vessel component of the fishery, as smaller vessels are more hampered by sea and weather conditions and have additional safety concerns in operating offshore. The economics of the fishery have dictated that larger vessels require larger quantities of shrimp to cover the higher operating costs of fuel and larger crews. Eliminating the otter trawl component to the fishery would be perceived as a significant allocation issue by those fishers who use otter trawl gear. A concern of the shrimp industry is that the larger shrimp catches delivered by otter trawl vessels are required to maintain existing processing operations and markets. Any loss of processing capability or markets due to a significant reduction in the otter trawl catch would also adversely affect beam trawl vessels.

Further, sampling has shown lower by-catches of species other than eulachon with otter trawls compared to beam trawls. Replacing the otter trawl component to the fishery with beam trawl gear may raise concerns for by-catch of species other than eulachon. A significant contributing factor to the lower by-catch of other species with otter trawl gear has been the development and quick adoption of selective fishing gear by this segment of the shrimp trawl industry. The provision of fishing opportunities for otter trawl within appropriate conservation limits for eulachon would promote the continued development of selective and responsible fishing practices and gear technology by these fishers. The results of this experimentation by otter trawls is also being shared and adopted by beam trawl vessels and improving the selectivity of beam trawl gear.

In conclusion, it was determined that a regulatory change is the only option that would provide for the authority to separately vary close times for beam trawl and otter trawl gear types. This will allow effective in-season management of the fishery, minimize disruptions to fishing activity, avoid loss of markets and address enforcement concerns without placing a costly administrative burden on the Department.

Benefits and Costs

Benefits

The separation of close times by gear type (otter and beam trawl) will allow fishery managers to respond to in-season conservation and management issues, specifically to reduce eulachon by-catch levels on an area-by-area basis resulting in conservation of eulachon stocks.

With the ability to proactively manage the fishery by gear type to avoid the by-catch of eulachon, the entire shrimp trawl fishery will not have to be closed, thus avoiding a disruption of the supply of shrimp to processors and maintaining market share.

Costs

Costs will be incurred for those fishers using otter trawl gear to switch to the use of beam trawl. The higher operating costs of the medium to larger vessels and lower shrimp catches using beam trawl may mean reduced income to those participants wishing to switch to the use of beam trawl. There will be some loss of fishing opportunities and income for otter trawl vessels as a result of closures to this gear type. However, given the concerns over the lower abundance of eulachon and high by-catch in this fishery, the only other alternative would be a complete fishing closure, which would result in a greater loss of fishing opportunities and income. It is anticipated that closures can be minimized as more selective fishing practices are developed and implemented so this cost will be somewhat mitigated.

Consultation

Discussions concerning the issue of by-catch, and specifically eulachon by-catch, in the shrimp trawl fishery have been on-going since 1996. These discussions have taken place with the Shrimp Trawl Sectoral Committee, the primary consultative forum for the shrimp trawl industry. The Committee includes elected representatives of the commercial vessel owners (representing both beam and otter trawl gear users, as well as large and small vessel owners), and invited representatives of buyers, the government of British Columbia, the Sports Fishing Advisory Board, and First Nations.

The shrimp trawl industry understands that by-catch of eulachon and other species in the shrimp trawl fishery is a conservation problem that must be addressed. In early discussions of this issue, industry members thought a regulatory change would restrict each shrimp trawl licence to the use of one trawl type. They were concerned that such an approach was an allocation issue that would divide the fleet, hindering co-operative management in this fishery and thwarting attempts to work towards common goals. As a result, there was initial opposition to a regulation change.

Given these concerns, the Department did not immediately pursue a regulatory amendment and attempted alternative solutions to manage the fishery in the event predetermined by-catch levels were reached — closing the fishery to all gear types in certain areas and amending licence conditions in-season to prohibit fishing by otter trawl.

During the course of the 2000 fishing season, waters off the west coast of Vancouver Island, a major fishing area, were closed to all shrimp fishing because eulachon by-catch action levels were reached. At a Shrimp Trawl Sectoral Committee meeting held on August 17, 2000, following this closure, the industry representatives reached consensus to accept a proposal to continue fishing under amended conditions of licence to permit beam trawl gear only for the west coast of Vancouver Island.

Following the 2000 fishing season, further discussions with the Shrimp Trawl Sectoral Committee on the proposal to provide separate close times by beam and otter trawl gear were held. On November 10, 2000, it was clarified that "the regulation change would allow for the fishery to open and close to beam trawl and/or to otter trawl."

A further meeting on this issue was held on February 15, 2001, and it was acknowledged by the Committee that the proposed change was the only management option that would effectively facilitate a continued shrimp trawl fishery (e.g. by beam trawl only) on reaching by-catch action levels. The industry representatives recommended that the current regulatory proposal proceed.

Compliance and Enforcement

The Fisheries Act and the Pacific Fishery Regulations, 1993 are enforced by fishery officers through existing enforcement programs. The Fisheries Act provides for fines up to $100,000 for summary conviction offences and up to $500,000 for indictable offences.

Closed-time and area patrols are conducted by the Canadian Coast Guard (CCG) patrol vessels, program vessels, and by air, in conjunction with priority fishery patrols. Investigations may be undertaken on an opportune basis after notification from Fisheries Management staff that a violation is suspected. Opportunities to monitor and inspect fishing vessels at sea and at landing ports are pursued. At-sea patrols are conducted on a priority basis using CCG patrol vessels staffed with marine enforcement officers and/or fishery officers, and Conservation and Protection Program vessels (primarily 733 rigid hull inflatable boats) with fishery officers on board.

The information collected regularly from air-surveillance includes all sightings of shrimp trawl vessels, and this information is available to Fisheries Management for control of the fishery. Type of trawl gear (i.e. beam and otter) can be differentiated with air surveillance.

A co-management program for sampling shrimp trawl vessels during commercial fishing by at-sea observers has been ongoing since 1997. Any occurrences requiring enforcement actions, e.g. fishing during close times, are noted by the observer and reported to departmental enforcement staff. On-grounds Fishery Guardians in other fisheries may be educated to report on occurrences, e.g. fishing during closure to gear.

Contact

Wendy Grider, Chief, Regulations Unit, Conservation and Protection, Fisheries Management, Fisheries and Oceans Canada, 470-555 West Hastings Street, Vancouver, British Columbia V6B 5G3, (604) 666-6408 (Telephone), (604) 666-4313 (Facsimile), GriderW@pac.dfo-mpo.gc.ca (Electronic mail), or Jason McLinton, Policy Analyst, Legislative and Regulatory Affairs, Policy, Fisheries and Oceans Canada, 200 Kent Street, Ottawa, Ontario K1A 0E6, (613) 998-9380 (Telephone), (613) 990-2811 (Facsimile), McLintonJ@dfo-mpo.gc.ca (Electronic mail).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 8 and 43 (see footnote c)  of the Fisheries Act proposes to make the annexed Regulations Amending the Pacific Fishery Regulations, 1993.

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Wendy Grider, Chief, Regulations Unit, Conservation and Protection, Fisheries Management, Department of Fisheries and Oceans, 470-555 West Hastings Street, Vancouver, British Columbia, V6B 5G3, Tel: (604) 666-6408, fax: 666-4313.

Ottawa, August 8, 2002

EILEEN BOYD
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE PACIFIC FISHERY REGULATIONS, 1993

AMENDMENTS

1. Subsection 2(1) of the Pacific Fishery Regulations, 1993 (see footnote 2) , is amended by adding the following in alphabetical order:

"beam trawl net" means a trawl net the mouth of which is held open by a beam or pole that is held horizontally across the mouth of the net while the net is under tow; (chalut à perche)

"otter trawl net" means a trawl net the mouth of which is held open by boards of wood or metal or both, referred to as otter boards or doors, while the net is under tow; (chalut à panneaux)

2. Item 13 of Schedule VII to the Regulations is replaced by the following:

Item	Column I Species	Column II Waters	Column III Method	Column IV Close Time
13.	Shrimp
	(1) Coonstripe	Any Subarea	(a) Trap (b) Beam trawl net	(a) Jan. 1 to Dec. 31 (b) Jan. 1 to Dec. 31
			(c) Otter trawl net	(c) Jan. 1 to Dec. 31
	(2) Humpback	Any Subarea	(a) Trap (b) Beam trawl net	(a) Jan. 1 to Dec. 31 (b) Jan. 1 to Dec. 31
			(c) Otter trawl net	(c) Jan. 1 to Dec. 31
	(3) Northern pink	Any Subarea	(a) Trap (b) Beam trawl net	(a) Jan. 1 to Dec. 31 (b) Jan. 1 to Dec. 31
			(c) Otter trawl net	(c) Jan. 1 to Dec. 31
	(4) Pink	Any Subarea	(a) Trap (b) Beam trawl net	(a) Jan. 1 to Dec. 31 (b) Jan. 1 to Dec. 31
			(c) Otter trawl net	(c) Jan. 1 to Dec. 31
	(5) Prawn	Any Subarea	(a) Trap (b) Beam trawl net	(a) Jan. 1 to Dec. 31 (b) Jan. 1 to Dec. 31
			(c) Otter trawl net	(c) Jan. 1 to Dec. 31
	(6) Sidestripe	Any Subarea	(a) Trap (b) Beam trawl net	(a) Jan. 1 to Dec. 31 (b) Jan. 1 to Dec. 31
			(c) Otter trawl net	(c) Jan. 1 to Dec. 31

COMING INTO FORCE

3. These Regulations come into force on the day on which they are registered.

[32-1-o]

Footnote a 

S.C. 1999, c. 33

Footnote b 

S.C. 1991, c. 1, s. 12

Footnote 1 

SOR/96-137

Footnote c 

S.C. 1991, c. 1, s. 12

Footnote 2 

SOR/93-54

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