15. Fish and Aquatic Habitat

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15 Fish and Aquatic Habitat
15.1 Fish and Aquatic Habitat Setting
15.1.1 Overview
Elevations in the KSM Project (the Project) range from under 240 m at the confluence of
Sulphurets Creek with the Unuk River, to over 2,300 m at the peak of the Unuk Finger, 8 km away.
Proximity to the coast, high elevation, and substantial glacier coverage produce relatively high
precipitation and runoff from watersheds in the KSM Project. Proximity to the Pacific Ocean and
mountainous topography result in complex interactions between incoming weather systems and
local topography that produce a high degree of spatial variability in snowfall and precipitation.
The presence of large glacierized areas also affects snowmelt rates and produces high runoff
volumes during summer months. The higher elevation, upper watershed of Sulphurets Creek,
including Mitchell Creek, McTagg Creek, and Ted Morris Creek are substantially glaciated, while
the lower elevation watersheds have almost no glaciers (e.g., Teigen Creek). Annual low flows
occur during the winter when most available water is stored in the snowpack. Maximum monthly
runoff occurs during June in the Teigen and Treaty catchments, and during August in the Unuk and
Sulphurets catchments. Therefore, freshet runoff occurs earlier in the low elevation, non-glacierized
catchments compared to the majority of the high elevation and glacierized catchments.
The baseline fish and aquatic habitat study area (i.e., the baseline study area) encompasses
two major watersheds that include the Unuk and Bell-Irving rivers (Figure 15.1-1). The baseline
study area is based upon the locations of the Project infrastructure within those watersheds.
The north and west areas of the Project are situated within the Unuk River watershed, which
crosses into Alaska and discharges into Burroughs Bay and eventually the Pacific Ocean.
The eastern area of the Project is situated within the Bell-Irving River watershed, which
discharges into the Nass River. The Bowser River is part of the Bell-Irving watershed.
A number of sub-watersheds are included within the baseline study area (Figure 15.1-2). There are
eight assessed sub-watersheds within the Unuk River watershed, in addition to the main stem of the
Unuk River. There are eight assessed sub-watersheds within the Bell-Irving River watershed, in
addition to the main stem of the Bell-Irving River. There is one assessed sub-watershed within the
Bowser River watershed (Scott Creek), in addition to the main stem of the Bowser River.
The baseline study area sub-watersheds and their locations relative to Project infrastructure are
summarized in Table 15.1-1.
Dolly Varden was the only species present in North Treaty and South Teigen creeks within the
proposed Tailing Management Facility (TMF). Dolly Varden, bull trout, mountain whitefish, and
rainbow trout were present in South Teigen Creek downstream of a 2.5-m-high falls and outside
of the TMF. Dolly Varden dominated the species composition (95%) downstream of the falls in
the lower reach of South Teigen Creek. No salmon species were observed in South Teigen,
North Treaty, or Tumbling creeks, based upon electrofishing sampling effort (conducted in 2008,
2009, 2010, and 2011), ground-truthed spawning surveys for salmon species (conducted in 2009
and 2010), and habitat assessments (conducted in 2008, 2009, and 2010).
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Fish and Aquatic Habitat
There is a 200-m-long cascade in Sulphurets Creek, approximately 500 m upstream of the
confluence with the Unuk River. Dolly Varden were present in Sulphurets Creek below the
cascade, but no fish species were present above the cascade.
In 2008, Sulphurets Creek and its tributaries (McTagg, Mitchell, and Ted Morris creeks) were
sampled. No fish were caught above the cascade despite 6,698 seconds (s) of electrofishing
effort. A total of nine sites were sampled in August 2008. Sulphurets Lake was sampled in
September and no fish were caught despite a total of 118 hours (h) of gillnetting and 297 h of
minnow trapping effort.
In 2009, a total of 3,046 s of electrofishing effort was exerted above the cascade at three sites in
Sulphurets and Mitchell creeks. Sampling occurred in August and September 2009 and no fish
were caught (Appendix 15-C). Sulphurets Lake was sampled in July, and no fish were caught
after a total of 45 h of gillnetting and 235 h of minnow trapping effort.
In 2012, a total of 913 h of minnow trapping effort was exerted above the cascade at 40 sites in
Sulphurets and Mitchell creeks. Sampling occurred in November 2012 and no fish were caught
(Rescan 2012; Appendix 15-S). Therefore, all stream reaches above the Sulphurets Creek
cascade were classified as non-fish-bearing.
Small numbers of Dolly Varden were present in Sulphurets Creek downstream of the cascade.
The catch per unit effort (CPUE) of Dolly Varden in this area was orders of magnitude lower
(0.01 fish/100 s of electrofishing effort) than that in the Unuk River (2.06 fish/100 s) and the
South Unuk River (2.09 fish/100 s). No salmon species were present within Sulphurets Creek
based upon electrofishing sampling effort in 2008 and 2009, ground-truthed and aerial spawning
surveys for salmon species in August and October 2009 and 2010, and habitat assessments
conducted in 2008 and 2009.
Sediments in the area downstream of the Mine Site (Mitchell Creek and Sulphurets Creek) were
of poor quality. These sediments were often inhospitable with low nutrient availability (total
organic carbon, nitrogen, and phosphorus), relatively coarse sediment structure that would limit
the range of available habitat for benthic invertebrates, and metal concentrations that were
frequently higher than sediment quality guidelines. Surveys of primary producer (periphyton)
and benthic invertebrates in the creeks downstream of the Mine Site in 2008 and 2009 revealed
low standing stocks (biomass and density) and low diversities (richness and Simpson’s diversity)
of the aquatic communities consistent with both poor water quality (Chapter 14) and sediment
quality (this chapter).
Sediment quality in the Processing and Tailing Management Area (PTMA) was generally better
than downstream of the Mine Site, but metal concentrations were often elevated above sediment
quality guidelines. Some areas, particularly those downstream of the wetlands (e.g., South
Teigen Creek), had relatively high organic carbon content and favourable particle size
distributions that would provide a better range of suitable habitat to support more diverse benthic
populations. There were some areas that supported more abundant and diverse aquatic
communities (e.g., Teigen Creek), while other areas had periphyton and benthic invertebrate
communities that were less abundant and diverse (e.g., Treaty Creek).
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PROJECT # 868-016-26 GIS No.KSM-06-045_T January 22, 2013
Figure 15.1-1
KSM Fish and Aquatic Habitat
Baseline Study Area (2008 to 2012)
PROJECT # 868-016-26 GIS No.KSM-06-046_T January 22, 2013
Figure 15.1-2
Stream Reaches within the Baseline
Fish and Aquatic Habitat Study Area
Fish and Aquatic Habitat
Table 15.1-1. Watersheds within the Baseline Fish and Aquatic
Habitat Study Area
Total
Stream
Watershed Location Relative to Project No. Length
Watershed Description Infrastructure Reaches (km)
Unuk River Watershed
Coulter Creek Tributary of Unuk Coulter Creek access road (CCAR) 3 9.9
River within watershed
Gingras Creek Tributary of Within location of McTagg penstock 1 4.0
Sulphurets Creek tunnel and power plant
Kaypros Creek Headwater tributary - 1 2.8
of Unuk River
McTagg Creek Tributary of Unuk Within waste rock storage 3 5.2
River that discharges
into Mitchell Creek
Mitchell Creek Tributary of Unuk Within and downstream of Mitchell Pit, 3 8.1
River that discharges waste rock storage and Water Storage
into Sulphurets Creek Facility
South Unuk River Tributary of Unuk - 1 9.5
River
Sulphurets Creek Tributary of Unuk Within and downstream of Kerr- 5 14.3
River Sulphurets-Mitchell pits, waste rock
storage, and Water Storage Facility;
CCAR within watershed
Ted Morris Creek Tributary of Unuk Location of explosives plant and 1 9.5
River that discharges magazines
into Sulphurets Creek
Unuk River - Downstream of Kerr-Sulphurets- 10a 66.2b
Mitchell pits, waste rock storage, and
Water Storage Facility; crossed by
CCAR
Bell-Irving River Watershed
Bell-Irving River Tributary of the Nass Downstream of PTMA - -
River
Hodkin Creek Tributary of - 4 3.9
Bell-Irving River that
discharges into
Teigen Creek
North Treaty Creek Tributary that Within and downstream of TMF 2 2.8
discharges into
Tumbling Creek
Snowbank Creek Tributary of - 3 9.7
Bell-Irving River that
discharges into
Teigen Creek
South Teigen Creek Tributary of Teigen Within and downstream of PTMA 8 7.6
Creek
Teigen Creek 6th order tributary of Downstream of PTMA 4 30.3
Bell-Irving River
Treaty Creek 4th order tributary of Downstream of TMF; within Teigen 4 38.3
Bell-Irving River Creek access road
(continued)
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Fish and Aquatic Habitat
Table 15.1-1. Watersheds within the Baseline Fish and Aquatic
Habitat Study Area (completed)
Total
Stream
Watershed Location Relative to Project No. Length
Watershed Description Infrastructure Reaches (km)
Bell-Irving River Watershed (cont’d)
Tumbling Creek Tributary of Treaty Downstream of TMF 1 4.5
Creek
West Teigen Creek Tributary of - 4 6.8
Bell-Irving River that
discharges into
Teigen Creek
Bowser River Watershed
Bowser River Tributary of the Temporary Frank Mackie Glacier - -
Bell-Irving River access route within watershed
Scott Creek 4th order tributary of - 4 13.7
Bowser River
Notes:
Dashes indicates not applicable.
a The first three reaches are located in the United States section of the Unuk River and are excluded from total stream
length.
b Total stream length is for the Unuk River within Canada.
15.1.2 Legislation and Regulation
15.1.2.1 Fisheries Act
Many fish species serve an important role in the ecological, economic, and cultural aspects of
British Columbia (BC). In particular, salmonid species (e.g., Pacific salmon, bull trout, rainbow
trout/steelhead) support local economies and cultures, and are captured in recreational fisheries,
while other species act as indicators of aquatic environmental health (e.g., sculpin species).
Fish and aquatic habitat are protected under several forms of federal and provincial legislation,
including the federal Fisheries Act (1985). Under the Fisheries Act, the term “fish” includes:
• parts of fish;
• shellfish, crustaceans, marine animals, and any parts of shellfish, crustaceans, or marine
animals; and
• the eggs, sperm, larvae, spat, and juvenile stages of fish, shellfish, crustaceans, and
marine animals.
Section 35(1) of the Fisheries Act (1985) defines fish habitat as “spawning grounds and nursery,
rearing, food supply and migration areas on which fish depend directly or indirectly to carry out
their life processes.” The Fisheries Act also prevents the “harmful alteration, disruption, or
destruction” of fish habitat through physical, chemical, or biological means. The Policy for the
Management of Fish Habitat (DFO 1986) outlines the policy statement of Fisheries and Oceans
Canada (DFO) as “no net loss of productive capacity” of fish habitat.
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In June 2012, the federal government proposed amendments to the Fisheries Act (1985).
The proposed changes would result in a shift for DFO from a focus on managing impacts to all
fish habitat to managing threats to fisheries. These amendments would support the long-term
productivity and sustainability of Canada’s commercial, recreational, and Aboriginal fisheries.
The current Fisheries Act (1985) provisions used for the review of Project effects are
indiscriminate and require consideration of all projects, on all waters, regardless of the
importance of fish species present or their contribution to fisheries.
Currently, DFO is in a transition phase with respect to implementing Fisheries Act (1985)
legislative changes. During the transition phase, the existing provision of the Fisheries Act will
continue to apply. The transition phase is expected to last until January 2013, at which time the
legislative changes are expected to come into force. Following the legislative changes, DFO’s
Policy for Management of Fish Habitat (1986) and guiding principle of “No Net Loss” will be
changed. However, the details on the timing of policy changes are unknown at the time.
15.1.2.2 Metal Mining Effluent Regulations
In 1996, Environment Canada undertook an assessment of the aquatic effects of mining in Canada,
which provided recommendations regarding the review and amendments of the Metal Mining
Liquid Effluent Regulations, currently titled the Metal Mining Effluent Regulations (MMER;
SOR/2002-222), and the design of a national Environmental Effects Monitoring (EEM) program
for metal mining. The MMER, under the Fisheries Act (1985), direct metal mines to conduct EEM
as a condition governing the authority to deposit effluent (MMER, Part 2, section 7).
The MMER (SOR/2002-222) permit the deposit of mine effluent if the effluent pH is within a
defined range, if the concentrations of the MMER deleterious substances in the effluent do not
exceed authorized limits, and if the effluent is demonstrated to be non-acutely lethal to rainbow
trout. These discharge limits were established to be minimum national standards based on best
available technology economically achievable at the time that the MMER were promulgated.
To assess the adequacy of the effluent regulations for protecting the aquatic environment, the
MMER include EEM requirements to evaluate the potential effects of effluent on fish, fish
habitat, and the use of fisheries resources.
Regulations Amending the MMER were published in the Canada Gazette, Part II, in
October 2006 (Canada Gazette 2006). The purpose of these amendments was to clarify the
regulatory requirements by addressing matters related to the interpretation and clarity of the
regulatory text that had emerged from the implementation of the Regulations.
Additional amendments to the MMER (SOR/2002-222) were published in the Canada Gazette,
Part II, in March 2012 (Canada Gazette 2012). The following changes were made to improve the
EEM provisions of the MMER:
• modifications to the definition of an “effect on fish tissue” in order to be consistent with
the Health Canada fish consumption guidelines (2007) and to clarify that the
concentration of total mercury in tissue of fish from the exposure area must be
statistically different from and higher than its concentration in fish tissue from the
reference area;
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• addition of selenium and electrical conductivity to the list of parameters required for
effluent characterization and water quality monitoring;
• exemption for mines, other than uranium mines, from monitoring radium 226 as part of
the water quality monitoring, if 10 consecutive test results showed that radium 226 levels
are less than 10% of the authorized monthly mean concentration (subsection 13(2) of the
Regulations);
• change to the time frame for the submission of interpretative reports for mines with
effects on the fish population, fish tissue, and benthic invertebrate community from 24 to
36 months;
• change to the time frame for the submission of interpretative reports for magnitude and
geographic extent of effects and for investigation of cause of effects from 24 to
36 months; and
• minor changes to the wording for consistency within Schedule 5.
15.1.2.3 Environmental Management Act
The Environmental Management Act (EMA; 2003) was brought into force on July 8, 2004.
The EMA replaces the old Waste Management Act (1996c) and the Environment Management
Act (1996a) and brings provisions from both of those acts into one statute.
The EMA provides flexible authorization framework, increases enforcement options, and uses
modern environmental management tools to protect human health and the quality of water, land,
and air in BC.
Under section 6(2) and 6(3) of the EMA, only introductions of waste from “prescribed”
industries, trades, businesses, operations, and activities require authorization. Industries, trades,
businesses, operations, and activities are “prescribed” in the Waste Discharge Regulation
(BC Reg. 320/2004). If an industry, trade, business, activity, or operation is not “prescribed” by
the regulation, it does not require an authorization to introduce waste into the environment;
however, the discharge must not cause pollution (Section 6[4]; 2003).
The Waste Discharge Regulation (BC Reg. 320/2004), which was brought into force on
July 8, 2004, “prescribes” industries, trades, businesses, activities, and operations for the
purposes of the EMA, sections 6(2) and 6(3). These industries, trades, businesses, activities, and
operations are listed in Schedule 1 and 2 of the Regulation. Industries, trades, businesses,
activities, and operations listed on Schedule 1 require an authorization, which could be in the
form of a permit, an approval, a regulation, an operational certificate, an order, or a waste
management plan to introduce waste into the environment. Introductions of waste into the
environment from industries, trades, businesses, activities, and operations listed on Schedule 2
are eligible to be authorized by a minister’s code of practice.

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15.1.2.4 Water Act
In BC, the ownership of water is vested in the Crown, as stated in the Water Act (1996d), the
primary provincial statute regulating water resources. Under the Water Act (1996d), a "stream" is
defined as: "includes a natural watercourse or source of water supply, whether usually containing
water or not, and a lake, river, creek, spring, ravine, swamp and gulch."
Section 9 of the Water Act (1996d) requires that a person may only make “changes in and about
a stream” under an Approval, in accordance with Part 7 of the Water Regulation
(BC Reg. 204/88), including Notification where required, or under a Water Licence or Order.
Under the Water Act (1996d), “changes in and about a stream” means;
• any modification to the nature of the stream including the land, vegetation, natural
environment or flow of water within the stream; or
• any activity or construction within the stream channel that has or may have an impact on
a stream.
Approvals are the responsibility of the Resource Stewardship Division of the BC Ministry of
Forests, Lands and Natural Resource Operations.
In order to minimize potential impacts that instream work may have on aquatic species and
habitats, work should be undertaken during periods of reduced risk to the aquatic resource (Work
Windows). Because BC has such a rich diversity of species and habitats, windows vary between
and within regions.
15.1.2.5 Municipal Wastewater Regulation and Sewerage Systems Regulation
Treatment of sewage and disposal of the effluent is regulated in BC by the Municipal
Wastewater Regulation (BC Reg. 87/2012; made under the Environmental Management Act
[2003] and administered by the BC Ministry of Environment [BC MOE]) for larger systems, and
by the Sewerage System Regulation (BC Reg. 326/2004; made under the Health Act (1996b) and
administered by local health authorities) for smaller systems. A small system is considered to be
a sewerage system that generates less than 22,700 L of effluent per day (approximately
22.7 m3/day or 6,000 gallons/day); anything greater than this would be regulated under the
Municipal Wastewater Regulation (BC Reg. 87/2012). Based on this definition, the wastewater
treatment and disposal systems at the largest temporary construction and operating camps will be
regulated by the Municipal Wastewater Regulation, including at Camp 4: Mitchell North Camp,
Camp 9: Mitchell Initial Camp, Camp 10: Mitchell Secondary Camp, Camp 5: Treaty Plant
Camp, Camp 6: Treaty Saddle Camp, Treaty operating camp, and Mitchell operating camp.
Wastewater treatment at the remaining temporary construction camps will be regulated under the
Sewerage System Regulation. The intent of these regulations is to ensure that environmental
impacts of sewage treatment and disposal are minimized and that human health is protected.
For smaller systems, Section 2.1 of the Sewerage System Regulation (BC Reg. 326/2004)
indicates that the discharge of domestic sewage or effluent to surface water is prohibited, since
they constitute a health hazard; only disposal to ground or holding tank can be considered.
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For larger systems, three types of effluent disposal are allowed: disposal to ground, disposal to
surface water, or reclaimed water uses. The Municipal Wastewater Regulation
(BC Reg. 87/2012) requires that, for each proposed new system, an Environmental Impact Study
(EIS) must be completed that assesses the potential for effects to both the environment and to
human health. The EIS must also detail a monitoring plan that will be used to ensure that no
alteration to the receiving environment occurs as a result of effluent discharge. Both of these
regulations serve to protect aquatic habitat and its resident species by either prohibiting or
regulating discharge of sewage treatment plant (STP) effluent to surface waters.
15.1.3 Baseline Study Area Program
Fish and aquatic habitat baseline studies were undertaken in 2008, 2009, 2010, 2011 (fish only),
and 2012 (fish only) to collect comprehensive data on fish communities and aquatic habitat
specific to the proposed Project. Baseline reports are presented in Appendices 15-A to 15-I.
The information sources for the Application for an Environmental Assessment Certificate /
Environmental Impact Statement (Application/EIS) were fish and aquatic habitat baseline studies
completed in 2008, 2009, 2010, 2011, and 2012. Relevant fish and fish habitat information for
the baseline study area was obtained from a variety of sources (Table 15.1-2). This information
was reviewed prior to initiating fieldwork to assist in determining fish presence/absence,
distribution, and fish habitat quality. Table 15.1-2 provides a list of information sources reviewed
as well as data sources. The information sources were also used to support field observations
with evidence from the published literature.
Table 15.1-2. Information Sources for the Fish and Aquatic Habitat
Baseline Studies
Information Reviewed Data Source
Stream names, BC watershed • Fisheries Information Summary System (FISS)
groups, and codes • BC Watershed Atlas
Sediment quality • Environment Canada reporta
Fish distribution, abundance, and • Nisga’a and First Nation reportsa
aquatic habitat attribute data • DFO, Alaska Department of Fish and Game (ADFG), and BC Ministry of
Environment (BC MOE) reportsa
• Consultant reportsa
• Online provincial and federal databases (i.e., FISS, Habitat Wizard,
WAVES, Ecocat)
Fish species at risk and species of • Committee of the Status of Endangered Wildlife in Canada (COSEWIC)
special concern • BC Conservation Data Centre (BC CDC)
Fish species life histories • McPhail 2007, Scott and Crossman 1973, Quinn 2005, Groot and
Margolis 1991, Roberge et al. 2002
a Reports:
ADFG (1996, 1997, 2001, 2002, 2003a, 2003b, 2004, 2006, 2008, 2009); BC MOE (n.d., 1982a, 1982b, 1988, 1997, 2000);
Bocking and Peacock (2004); Bocking, Parken, and Atagi (2005); DFO (1987); Environment Canada (1990); Knight Piesold
and Homestake Canada (1993); Koski, Link, and English (1996a); Koski, Alexander, and English (1996b); LGL (1995, 1999);
Mecum and Kissner (1989); NLG (2007); SKR (1998); Tripp (1987,1988, 1995).
A summary of baseline fisheries and aquatic habitat studies conducted is provided in
Table 15.1-3, by watershed and year. The objectives of the fish and aquatic habitat baseline
studies varied depending upon the study year and Project component; therefore similar studies
were not completed for each watershed or year. Listed below is a summary of study objectives.
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