#1Fisheries and Oceans Pêches et Océans Canada Canada Northwest Territories Power Corporation (NTPC) Snare Hydro Facility Water License Renewal Presentation to the Wek'èezhì Land and Water Board By Fisheries and Oceans Canada (DFO) Public Hearings, Behchoko, NT December 2023 Canada#2Overview of Presentation I. Proposed Changes to Water Licence II. Overview of Fisheries III. Overview of Impacts. IV. Overview of Impacts DFO's Intervention Submission V. Conclusion VI. Questions and Comments 2#33 Proposed Changes to Water License Proposed changes to the Snare Water License include: . To reduce the minimum water elevation at Bigspruce Reservoir from 217.9 to 217.6 metres and at Snare Falls from 201.8 to 201.5 metres To consolidate what is currently run under two water licenses (N1L4-0150, W2014L4-0004) to one#4Overview of Fisheries The Snare Hydroelectric Facility Snare Rapids, Snare Falls, Snare Cascades and Snare Forks are all categorized as waters frequented by fish. Fish known to inhabit the system include: · . Lake Whitefish Northern Pike Walleye Lake Trout 4 (Nature Alberta, 2023) . Longnose Sucker • Round Whitefish • White Sucker Lake Cisco • Burbot Arctic Grayling#5Overview of Fisheries 5 (NTPC, 2023) Operations from the Big Spruce Reservoir, Snare Rapids, Snare Falls, Snare Cascades and Snare Forks could have implications on the ability of each of these species to spawn, migrate, or reside in the outflow which connects Big Spruce Reservoir and Strutt Lake.#6Overview of Impacts DFO provided an intervention document to NTPC which summarizes the following comments: 1. DFO Legislation 2. Death of Fish and Existing Facilities 3. Operation 4. General Comments 6#71. DFO Legislation Responsibility to avoid causing the death of fish and the Harmful Alteration, Disruption or Destruction (HADD) of fish habitat which are prohibited by the Fisheries Act unless authorized by DFO. NTPC is also responsible to avoid prohibited effects on listed aquatic species at risk, any part of their critical habitat or the residences of their individuals, and prevent the introduction of nonindigenous species. 7#8Fish and Fish Habitat Protection Policy Statement Context ● Reflect amendments to the Fisheries Act . Provide clarity, consistency and certainty Fisheries Protection Policy Statement October 2013 regarding regulatory requirements Explain fish and fish habitat protection provisions and outline how the Department will implement these provisions https://www.dfo-mpo.gc.ca/pnw-ppe/policy-politique- eng.html Fish and Fish Habitat Protection Policy Statement August 2019 Canada Canada#92. Death of Fish and Existing Facilities Operation of the Snare Hydroelectric Facility and associated dams have the potential to kill fish through entrainment and impingement at trash racks, turbine mortality, stranding and barotrauma. The proponent describes risks of entrainment and impingement at the intake including contact with the turbines and extreme and rapid changes in pressure with no data available on entrainment or impingement and no information to indicate if this or fish mortality occurs. The Management of Death of Fish (other than fishing), under the Fisheries Act and the Species at Risk Act May 2023 The Management of Existing Facilities and Structures under the Fisheries Act and the Species at Risk Act May 2023 Science advice to the Fish and Fish Habitat Protection Program on estimating impacts and offsets for death of fish. December 2022 9#103. Operations Operations and regulating flow has the potential to cause the death of fish; and the harmful alteration, disruption or destruction of fish habitat, especially during critical spawning times. Planned shutdowns of the Snare Hydroelectric facilities and water level reductions may impact spring and fall spawning fish and fish habitat. DFO recommends that shutdowns occur as per the Restricted Activity Timing Window guidance found on our website. 10#114. General Comments DFO and NTPC have been working cooperatively for many years on other projects to bring their facilities into compliance with the Fisheries Act. Both parties recognize the importance of protecting fish and fish habitat. NTPC continues to address DFO concerns and implement appropriate measures to ensure compliance with the Fisheries Act. 11#12Final Written Submission & Recommendations Recommendation from Fisheries and Oceans Canada: NTPC is responsible to: • Avoid causing the death of fish and the HADD of fish habitat which are prohibited by the Fisheries Act unless authorized by DFO Duty to Report and a Duty to take corrective actions in the event an unauthorized death of fish or HADD of fish habitat occurs Avoid prohibited effects on listed aquatic species at risk, any part of their critical habitat or the residences of their individuals, and prevent the introduction of nonindigenous species Submit a Request for Review as part of our Regulatory Review process to determine if a Fisheries Act Authorization is required. This should include water level drawdowns and operation of the Snare Hydroelectric Facility Work with DFO to be in compliance with the Fisheries Act 12#13Final Written Submission & Recommendations Recommendation from Fisheries and Oceans Canada continued: . . NTPC to continue to work with DFO to complete an assessment to determine entrainment and impingement risks, including turbine mortality, stranding and barotrauma independent of the Water License Renewal DFO recommends that shutdowns and water level drawdowns occur as per the Restricted Activity Timing Window guidance found on our website NTPC to implement a regular maintenance schedule for cleaning of trash racks to mitigate impingement and death of fish, and planned shutdown schedules be designed to occur gradually to mitigate the effects of stranding, with pulse flows Based on DFO's review of their Request for Review form, DFO may be in a position to recommend an application for a new Fisheries Act Authorization be submitted to DFO for the ongoing operation of the Snare Hydroelectric Facility, and associated infrastructure. DFO recommends that this can be independent of the water license renewal process. 13#14. • Final Written Submission & Recommendations Proponent's Response: . • NTPC provided the available information on the fisheries in the Big Spruce and Strutt Lake areas with the water licence application NTPC agrees to submit a Request for Review for the proposed reduction in minimum water levels. The Request for Review application will summarize information provided with the water licence application NPTC is committed to continue to work with DFO to understand potential risks to fish from the operation of the facility NTPC will continue to work cooperatively with DFO on these issues, including impingement and entrainment, and thank DFO for the guidance provided to date. The Operations, Maintenance and Surveillance Manual will be updated to include a regular maintenance schedule for cleaning of installed trash racks at intake locations and planned shutdown schedules will be designed to occur gradually to mitigate the effects of stranding, with pulse flows NTPC will continue to work cooperatively with DFO, and thanks DFO for the guidance provided to date. 14#15Status of Intervention • Currently, DFO considers this issue resolved and will work with NTPC through the Fisheries Act process 15 (DFO, 2023)#1616 Mahsi Cho Thank You Questions