Notice of Determination

Winnipeg, Manitoba – August 31, 2023 Fisheries and Oceans Canada has determined that the proposed Berens River Harbour Improvements project is not likely to cause significant adverse environmental effects.

This determination was based on a consideration of the following factors:

  • community knowledge;
  • comments received from the public; and
  • technically and economically feasible mitigation measures.

Mitigation measures taken into account for this determination are:

  • Limit the duration of in-water works, undertakings and activities so that it does not diminish the ability of fish to carry out one or more of their life processes (spawning, rearing, feeding, migrating);
  • If a Mapleleaf mussel (Saskatchewan – Nelson Rivers population) is captured, and/or any other SAR, stop work and contact DFO at with a digital voucher of the species. Photo vouchers shall be taken while SAR are fully submersed in a net or viewing box and the species released unharmed to the watercourse;
  • Conduct all in-water works, undertakings or activities in isolation of open or flowing water to reduce the introduction of sediment into the watercourse;
  • Capture, exclude, relocate and monitor for fish trapped within the isolated, enclosed, or dewatered areas;
  • Conduct in-water undertakings and activities during periods of low flow or low water levels;
  • Aquatic invasive species are introduced and spread through transporting sands and sediments and using contaminated construction equipment. To prevent aquatic invasive species during construction in aquatic environments:
    • Clean, drain and dry any equipment used in the water;
    • Never move organisms or water from one body of water to another;
  • Limit impacts on riparian vegetation to those approved for the work, undertaking or activity;
  • Replace/restore any disturbed habitat features and remediate any areas impacted by the work, undertaking or activity;
  • If your project requires rocks, they must be clean and free of soil. Rocks must not be taken from the lake or river bottom, or the shoreline. Removal of rocks from these areas could destroy fish habitat and result in charges under the Fisheries Act;
  • Develop and implement an erosion and sediment control plan to avoid the introduction of sediment into any waterbody during all phases of the work, undertaking or activity;
    • Regularly monitor the watercourse for signs of sedimentation during all phases of the work, undertaking or activity and take corrective action;
    • Schedule work to avoid wet, windy and rainy periods (and heed weather advisories) that may result in high flow volumes and/ or increase erosion and sedimentation;
    • Operate machinery on land or barge; and,
  • Develop and implement a response plan to avoid a spill of deleterious substances.

Fisheries and Oceans Canada are satisfied that that the carrying out of the project is not likely to cause significant adverse environmental effects.

Therefore, Fisheries and Oceans Canada may carry out the project, exercise any power, perform any duty or function, or provide financial assistance to enable the project to be carried out in whole or in part.

Document Reference Number: 2

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