Proposed guidelines to assist the geophysical exploration industry in meeting the requirements of Canada's Fisheries Act

Abstract

Conflicts of values and interests are a natural occurrence in the course of exploitation of Canada's natural resources—such has been the case between the geophysical exploration industry and fisheries interests. In the early days of seismic exploration, high-velocity explosives, detonated within the water column, were the energy source for most geophysical surveys. Open-water detonations, however, were injurious or lethal to many kinds of aquatic fauna. In the mid-1960s the Department of Fisheries and Oceans (DFO) became active in assessing the effects of seismic exploration on fish. In the absence of good data, knowledge, and experience, DFO felt it prudent to proceed with caution. At the time, the only clause in the Fisheries Act pertaining to the use of explosives was Section 26, which stated: “No one shall hunt or kill fish or marine mammals of any kind other than porpoises, whales, walruses, sea lions or hair seals, by means of rockets, explosive materials, explosive projectiles or shells.” This section, however, was not deemed applicable to the issue of the protection of fish and marine mammals from the use of explosives. DFO was cognizant that in many instances, there were no alternatives to explosives for hydrocarbon exploration. Consequently, in 1968 the Northwest Territories Fishery Regulations were amended with the inclusion of Section 5(5), which stated: “No person shall use an explosive for any purpose on or in any waters except under the authority of and in accordance with a licence issued by the Minister.” This article empowered DFO to impose terms and conditions for the conduct of geophysical exploration in waters frequented by fish and marine mammals. But it was necessary to develop a broader set of guidelines. In 1972, DFO undertook a cooperative study with industry to compare the effects of using point-source explosive charges, linear explosives, and small air …