1. Back River Mine Project Presentation to the Nunavut Impact Review Board Final Hearing Cambridge Bay, NU April 25-30, 2016 1

2. Overview 1.Fisheries and Oceans Canada (DFO) – Fisheries Protection Program Mandate, Legislation and Policy 2.Technical Comments and Recommendations 3.Conclusions 4.Questions and Comments 2

3. DFO’s Fisheries Protection Program - Mandate The mandate of the Fisheries Protection Program is to maintain the sustainability and ongoing productivity of commercial, recreational and Aboriginal fisheries. 3 J. Stewart DFO

4. Fisheries Protection Program – Legislation Fisheries Act Section 35 Prohibits serious harm to fish Allows for authorization of impacts with conditions Sections 20, 21 Requirement for sufficient water, fish passage Species at Risk Act Sections 32, 33, 58 Prohibits killing, harming, harassing, capturing or taking of listed species, destruction of residence, critical habitat Nunavut Land Claims Agreement (Article 12) 4

5. Fisheries Protection Program – Policy Fisheries Protection Policy Statement (2013) Guidance on implementing the fisheries protection provisions of Fisheries Act 5 Fisheries Productivity Investment Policy: A Proponent’s Guide to Offsetting (2013) Guidance on measures to offset serious harm to fish

6. Technical Comments and Recommendations Fisheries and Oceans Canada’s comments are focused on the following areas : Goose Property and Mine Sites- Aquatic Environment Blasting, Arctic Grayling Spawning Habitat, Conceptual Fisheries Offsetting and Fish-out Plans. Winter Road- Water Withdrawals Marine Laydown Area Ringed Seal Monitoring Plan Marine Mammal Observer Program 6

7. Blasting 7 Issue Results of testing and monitoring in the north indicate that a threshold limit of 50 kPa is more appropriate to mitigate the effects of blasting on fish rather than the 100kPa threshold that was used in the Final Environmental Impact Statement. http://nunalogistics.com/services/contract_mining.html

8. 8 Fisheries and Oceans Canada recommends that the Proponent revise their pressure threshold limit of 100 kPa to 50 kPa, and recalculate the appropriate setback distances in their Blasting Plan. Fisheries and Oceans Canada recommends that the Proponent develop an appropriate blast monitoring and mitigation plan to ensure that peak particle velocities do not exceed 13 mm/s at important spawning habitats in Goose lake, especially during time of Lake Trout incubation, and including mitigation measures to be followed in the event that blasts may exceed this threshold. Blasting - Recommendations

9. Issue The availability and accessibility of suitable, high quality spawning and rearing habitat for the Goose Lake Arctic Grayling population within undisturbed ponds, streams and lakes connected to Goose lake remains to be quantified. 9 Arctic Grayling Spawning Habitat Goose Lake Population

10. 10 Goose Lake Rascal Stream East Rascal Stream West Goose Inflow East & South

11. 11 Rascal Stream East – Confirmed High Quality (Critical) Arctic Grayling Spawning Habitat. Confirmed AG spawning Habitat Potential ‘Fair’ quality S/N habitat

12. 12 Stream habitat losses due to infrastructure Known remaining AG spawning and rearing habitat.

13. 13 Stream habitat losses due to infrastructure Known remaining AG spawning and rearing habitat.

14. 14 Arctic Grayling Spawning Habitat Goose Lake Population- Recommendations Fisheries and Oceans Canada recommends that the Proponent re-asses the accessibility of spawning and rearing habitat in Rascal Stream East and its tributaries. As well the availability and suitability of spawning and rearing habitat in other undisturbed Goose Lake tributaries.

15. 15 Winter Roads Issue The locations and bathymetry of the water bodies that are selected for winter water withdrawal in support of the winter ice road construction, with information regarding the fish and fish habitat have not been provided.

16. Winter Road - Recommendations Fisheries and Oceans Canada recommends that the Proponent provide the bathymetry, location and fish habitat features within the selected waterbodies to be used for winter water withdrawal in support of the construction of the winter ice roads. Fisheries and Oceans Canada recommends that the Proponent implement all available best management practices to avoid and mitigate serious harm to fish as a result of the construction, operation and decommissioning of winter ice roads and from under ice water withdrawals. This includes adequately screening the water intakes pipes to prevent impingement and entrainment of fish. 16

17. Conceptual Offsetting and Fish out Plans Issue The development of appropriate Offsetting and Fish out Plans is required to address serious harm to fish as part of the Fisheries Act Authorization process for the Back River Project. The proposed use of Umwelt Lake as a Saline Water Management Pond has created uncertainty regarding the application of the Metal Mining Effluent Regulations. 17

18. Goose Property- Impacts to Fish and Fish Habitat 18

19. 19 Conceptual Offsetting and Fish out Plans– Recommendations Fisheries and Oceans Canada recommends that the proponent continue to work with Environment and Climate Change Canada to reconcile the regulatory requirements related to the use of Umwelt Lake as a Saline Water Management Pond. That the proponent continue to work with Fisheries and Oceans Canada and the impacted communities to finalize the Offsetting Plan and the Fish-out Plan.

20. 20 Marine Laydown Area – Ringed Seals Issue: Operations on the winter road and winter air-strip may result in the damaging of lairs and the injury or mortality of ringed seals Recommendation : For the Proponent to work with Fisheries and Oceans Canada and the impacted communities to determine which ground survey methodology will be used as well as any potential mitigation and adaptive management options which will be used if seal birthing lairs are found.

21. 21 Marine Laydown Area – Shipping Issue: There is the potential for negative impacts to marine mammals from shipping activities. Recommendation: For the proponent to work with Fisheries and Oceans Canada and other interested parties, including the impacted communities to develop the ship based marine mammal monitoring program.

22. Conclusion 22 Fisheries and Oceans Canada will continue to work with the Proponent and stakeholders, including potentially impacted communities, to ensure that: Appropriate mitigation measures, follow-up and monitoring programs are implemented; That the proponent continue to work with Fisheries and Oceans Canada and the impacted communities to finalize the Offsetting Plan and the Fish-out Plan.

23. Thank You ? Questions? 24 23