Comparison - The Proposed Regime vs the Current YPA
The Placer Regime will replace the existing Yukon Placer Authorization (YPA). There are a number of key differences between the way the proposed Regime would work and the way the current YPA operates.
Separate Authorizations
The YPA is a class authorization pursuant to Section 35(2) of the Fisheries Act. This one authorization governs placer mining throughout the entire Yukon.
The Regime will replace the YPA with approximately 19 separate watershed authorizations, each of which are class authorizations under Section 35(2), governing placer mining in specific drainage basins.
Stream Classifications
The YPA has a stream classification system that emphasizes the presence or absence of fish when rating the importance of habitat. The presence or absence of fish could change due to many factors, yet the YPA stream classification was difficult to change.
As well, most Yukon streams were not classified when the system was established. Requests for stream classification often resulted in delays, costly field assessments and contentious debate.
The Regime classifies habitat according to its quality, sensitivity, productive capacity and suitability for fish.
All streams in a drainage basin covered by a watershed authorization will be classified. Classification decisions will follow transparent rules, and will be based upon existing information.
Adapting to Change
The YPA is relatively static and unchanging, with the exception of stream classification decisions.
The Regime incorporates the principle of Adaptive Management, which is designed to increase the Regime's effectiveness in meeting its management objectives. The results of monitoring programs will be evaluated and when new information becomes available, management actions will be adjusted in response.
Monitoring Programs
The use of Adaptive Management highlights another significant change.
The YPA set standards for wastewater discharges and stream channel restoration. All monitoring efforts are designed to determine the state of compliance with these standards.
The Regime includes four monitoring programs, all of which may influence Adaptive Management recommendations:
- Regulatory compliance monitoring
- Water quality objective monitoring
- Aquatic health monitoring
- Economic health monitoring.
Discharge Standards
The YPA includes a schedule of discharge standards based on the use of certain streams by fish, and on a water quality prediction model heavily influenced by principles related to the dilution and transport of sediment within the water. Its standards were based on "end-of-pipe" measurements, taken as the water emerged from the placer mining operation. The "end-of-pipe" standards are not as important for fish as instream sediment levels or water quality.
The Regime's discharge standards are based on both "end-of-pipe" measurements and instream water quality objectives. The proposed regime should result in improved water quality in almost every watershed.
Habitat Importance
The YPA classified certain streams as unimportant for fish or as unproductive habitats.
The Regime recognizes the importance of all habitats. It will more effectively achieve the Fisheries and Oceans Canada goal of "no net loss" of fish habitat. In fact, successful implementation of the Regime should lead to a net gain of fish habitat in watersheds that have been placer mined for many years.
Certainty for the Industry
The YPA did not provide regulatory stability to the industry, despite Fisheries Act authorizations approving placer mining activities under certain conditions.
The Regime should provide more certainty for the industry. Successful use of Adaptive Management should make the Regime self-adjusting, and lead to predictable improvements that ensure the Regime meets its management objectives of a sustainable placer mining industry, and conservation and protection of fish and fish habitat supporting fisheries.
Last Updated: 4/17/2008