Tag Archives: DFO

Saving the Experimental Lakes Area: the Real Ups and Downs

2 MallardsOn April 1st, the deal to save the Experimental Lakes Area, Canada’s world-renowned, whole-lake laboratory was finally signed after two years of nail-biting negotiations. The parties included the federal government, which wanted to divest itself of the complex; the Ontario government, which agreed to come up with the necessary two million dollars a year; Manitoba, which promised a lesser amount; and the non-profit, International Institute for Sustainable Development, which will operate the facility.

The Experimental Lakes Area, its 58 lakes and watersheds in northwestern Ontario, is hugely important to freshwater research in Canada and the world. This was ably demonstrated by the huge public and international scientific effort to “Save ELA” that was mounted over the fed’s obstinate refusal to continue providing the meager two million dollars a year needed to keep this one-of-a-kind research centre open. Harper’s government announced its emphatic decision to close the facility in 2012, and only grudgingly in 2013 did it bend a little to consider handing over its management to a new operator. But the deadline of March 30, 2014 was firm and negotiations went right down to the wire.

ELA Lake isotopesHow has the ELA fared over the two years it has had a gun to its head? What has been lost and won, and what is its future?

Thankfully, the ELA lives to fight another day and presumably produce important research to rank with its past achievements, groundbreaking work on the effects of acid rain, phosphorus loading, algae, and mercury pollution.

The institute is hoping to expand the scope of the research that will be conducted at the ELA, now that the facility is no longer restricted to conform to the mandate of Oceans and Fisheries Canada (DFO). It plans to take up new causes such as terrestrial manipulations and clean water technology. Also on the drawing board or to be continued are studies on micro-pollutants, the impact of climate change on hydrologic cycles, endocrine disruptors, microbial silver nano-particles, and mercury levels following the closures of coal-fired energy stations.

map ELAThe ELA has lost its dedicated staff, international stars in the world of freshwater research. This was the team painstakingly recruited by founder David Schindler from all over the world. By 2012, only 18 of the possible 28 positions at the facility were filled, but those who remained should have been given a lifeline to stay on, given that negotiations between the feds and the IISD were underway.

To date, the institute has recruited only about a third of the scientists it had at its peak, and no new whole-lake experiments have been initiated since 2012. On-going projects suffered and access was limited as DFO maintained very strict control over the facility, and cancelled fully funded operating projects for no apparent reason.

The ELA is undergoing a metamorphosis as it moves away from being a public science program under the auspices of the Government of Canada, meaning the scientists who will eventually be hired won’t be public servants. In the same vein, the ELA is not eligible for grants from either Oceans and Fisheries Canada or the National Science and Engineering Research Council.

The long tortuous process of negotiations also reflected this metamorphosis, as the institute was concerned to lay a path for an open data research policy and to ensure that the highly complex issues around liability, past and future were squared away.

“The combination of applied research capability and a policy think tank creates exciting opportunities to traverse the science-policy divide,” said Scott Vaughan, president and CEO of the IISD. “Together, IISD and ELA will be positioned to offer ground-truthed, policy-relevant advice on numerous emerging questions such as the impact of mercury from coal-fired electricity generating plants, the impact of micro-pollutants and the impact of climate change on hydrologic cycles.”

Of particular importance to the institute, the ELA had to be spared the necessity of applying for and getting permits to conduct each and every one of its research projects. That necessitated Oceans and Fisheries Canada having a mechanism to provide something of a blanket approval for research that involves the release of contaminants into lakes under controlled conditions.

Unfortunately the mechanism that the government came up with could be applied equally to industry, allowing the Minister to issue blanket approvals to polluters. This great gaping breach in the Fisheries Act severely undermines evidence-based analyses on a case-by-case basis. And because it is a regulation, it is being introduced without any discussion in parliament, the groundwork having been laid in the fed’s 2012 omnibus budget bill. This change is supposed to be reflected in the Canada Gazette this week, which suggests that ELA is providing the cover for a change that might be very controversial if it was a stand-alone measure.

We’ve seen this movie before. DFO’s powers have been watered down or assigned to the National Energy Board and the Nuclear Safety Board, both via Memorandums of Understanding. I’ve covered these issues in previous blogs: February 19th and March 12th.

“What real-world research can tell us about the human impact on the natural environment is indispensible to putting the human relationship with this planet on a sustainable footing,” said Vaughan. “IISD looks forward to preparing a new science research program for the ELA later in 2014, with inputs from scientists as well as partnerships with local communities, and a commitment to an open and transparent program.”

The ELA is of incalculable importance to the health of Canadians and its scientific community. The battle for its survival was when most of us woke up to Harper’s antipathy to science.

CBC News: Experimental Lakes Area Research Stations Officially Saved http://www.cbc.ca/news/technology/experimental-lakes-area-research-station-officially-saved-1.2594161

Save ELA http://saveela.org/

Reeves Report: Rebuilding Science Team at ELA a Tough Task http://thereevesreport.wordpress.com/2014/04/08/rebuilding-science-team-at-ela-a-tough-task/

Furthering Harper’s Stealth Agenda, the Pipeline Agency is Grabbing the Fisheries File

Prime Minister Harper’s squeezing of environmental protections continues in its characteristic drip, drip fashion. In the latest example the National Energy Board, responsible for the approval of pipelines, is poised to assume some powers to protect fish and fish habitat, from Oceans and Fisheries Canada in accordance with a Memorandum of Understanding posted on the NEB website.

Graffiti and iceLimiting the regulatory agencies overseeing a project might seem like a admirable move towards increased efficiency that will no doubt please the proponents of energy projects, but it raises serious questions about whether the NEB has the resources and willpower, unsullied by conflicting agendas, to responsibly protect the fish that get in the way of energy projects.

The Harper government talks relentlessly about balancing the budget and lowering taxes—that’s what  we got when the Conservatives won their majority, with 38% of the popular vote. What the government hasn’t admitted to is its assault on science and the weakening of environmental protections, which trundle along behind its cosseting of the oil sands sector. The closing and consolidated of the science libraries, the muzzling of scientists, the abandonment of the Experimental Lakes Area, the cancelling of the long-form census: this pileup suggests that the Conservative government is quietly suppressing, reducing and sidelining evidence-based, science-based challenges to its economic hegemony. This is part of Harper’s stealth agenda.

The Memorandum of Understanding, dated December 16, 2013, states that (for now) DFO retains responsibility for issuing permits under the Fisheries Act (permits that allow parties to undertake an activity that results in serious harm to fish) until such time as the two departmental bodies “propose regulations that would prescribe the NEB as a person or entity who would be authorized to issue Fisheries Authorizations.”

It’s an open question whether, as a result of departmental cuts, a greatly truncated DFO could ramp up a robust defense of fish and fish habitat that unfortunately find themselves in the path of an energy project. How less likely would the NEB be to do so, given the agency’s very different mandate.

The NEB is a quasi-judicial body that conducts hearings and issues rulings, enforceable by law, regarding pipelines, energy projects and trade. Its jurisdiction stretches over 71,000 Km of pipelines and 1,400 Km of international power lines. Fifty environmental, social-economic, land and engagement specialists carry out the NEB mandate that stretches over the NEB Act, the Canadian Environmental Assessment Act, 2012, the Canada Labour Code and the Canadian Standards Association for occupational safety. They also work with the Transportation Safety Board for accident investigations. And soon they’ll be getting the fisheries file to look after.

But just how deep can their expertise possibly be?

It looks like the government has sacrificed expertise on the altar of expediency. The guiding principles behind the NEB/DFO Memorandum include directives “to facilitate effective and efficient use of government resources in order that regulatory decisions are made in a timely manner by applying a one-project one-review approach; and to promote clarity and consistency of the regulatory process.”

But should the inevitable conflicts between development and the environment be buried in one over-stretched, Medusa-headed federal agency?

tracksOurs is a big country with a lot of water around and in it. DFO has, or had 10,000 employees. According to a secret document released under an Access to Information Request, DFO is facing cuts of $96.5M by 2015 affecting coast guard search and rescue; ice-breaker services; libraries; marine communication, rescue boats; buoy tending; species-at-risk Atlantic salmon production facilities; biodiversity and fish hatcheries; conservation and protection offices; lifeboat services; control surveillance; funding for the Northwest and Nunavut Territories; Arctic ports; the Experimental Lakes Area;  the Atlantic Lobster Sustainability Measures Program; the At-Sea Observer Program; the restructuring of habitat and ecosystem management; and finally, contaminant research especially the elimination of in-house research programs on the biological effects of contaminants, pesticides, oil, gas and diluted bitumen. This will be replaced with a small advisory group.

Some of these concerns are moving to other agencies. In other cases changed circumstances justify these cuts—a 90% drop in the number of serious cases of non-compliance by foreign fishing vessels since 2005 for example.  But in other respects, the DFO budget should be increased in acknowledgement of stepped up marine traffic, technological changes, climate change impacts, and extended shipping seasons. These increased demands on DFO’s services were noted in briefing notes to DFO Deputy Minister Matthew King as quoted in a PostMedia News article by Mike De Souza.

Harper’s slash and burn approach is compounded adversely by changes to the Fisheries Act that were buried inside the 2012 omnibus budget. These eliminated DFO’s responsibility to protect all fish and their habitat and replaced it with a mandate to protect fish that serve some recreational, commercial or Aboriginal purpose. (You can imagine how the federal government might find this jurisdictional vacuum useful when developing the vast remote pristine regions of the Arctic, where there are bound to be  some fish that don’t serve any one’s interests.)

DFO does not deliver frontline services to Harper’s tax-paying base. In the short term the DFO cuts are visible only to those people directly involved in Canada’s waters and to conscientious environment watchers. But Canadians are responsible for about 23% of the world’s fresh water, and we’re bordered by three oceans. We are a marine country that requires a lot of looking-after and we’re not getting  it.

Sources for this blog are noted below.

Memorandum of Understanding between the National Energy Board and Fisheries and Oceans Canada for Cooperation and Administration of the Fisheries Act and the Species at Risk Act Related to Regulating Energy Infrastructure http://www.neb-one.gc.ca/clf-nsi/rpblctn/ctsndrgltn/mmrndmndrstndng/fshrscnscnd2013_12_16-eng.html

NEB begins slow takeover of DFO’s Fisheries Act Powers, ipolitic http://www.ipolitics.ca/2014/01/06/neb-begins-slow-takeover-of-dfos-fisheries-act-powers/

DFO Cuts http://www.scribd.com/doc/194092303/DFO-cuts

Harper Cutting More than 100 Million Related to Protection of Water, by Mike de Souza, PostMedia News http://www.canada.com/Harper+government+cutting+more+than+million+related+protection+water/9328179/story.html

Changes to the Fisheries Act, June 29, 2012 http://www.dfo-mpo.gc.ca/pnw-ppe/changes-changements/index-eng.html

2012-2013 Departmental Performance Report, Fisheries and Oceans Canada http://www.dfo-mpo.gc.ca/dpr-rmr/2012-13/dpr-rmr-eng.html