Nova Scotia Power won’t be allowed to restart its Annapolis Tidal Station without Fisheries and Oceans Canada approval.
On Monday the federal regulator sent NSP an advisory that its 20-megawatt turbine in the Annapolis River will no longer be allowed to operate without a Fisheries Act authorization.
Section 35 of the Act prohibits “any work, undertaking or activity that results in serious harm to fish that are part of a commercial, recreational or Aboriginal fishery, or to fish that support such a fishery,” unless an exemption is provided by the minister.
The facility has been operating since 1985 without such an exemption or an environmental approval from either the federal or provincial governments.
A review of existing scientific data on the turbine’s effects on fish in the river was commissioned by Fisheries and Oceans Canada after The Chronicle Herald revealed in 2017 that NSP was not relaying reports it received from the community about Atlantic sturgeon allegedly killed by the turbine to the federal regulator.
Research conducted by Fisheries and Oceans Canada’s own scientists in the 1980s showed the turbine killed nearly a quarter of American shad each time they passed through it. The turbine, along with the pre-existing causeway built across the river, has also been widely blamed for the extirpation of striped bass from the area.
“Information presented in the Canadian Science Advisory Secretariat review process indicated that the continued operation of the facility would likely result in the death of fish, which would be considered as serious harm under Section 35 of the Fisheries Act,” reads a written response to Chronicle Herald questions by Fisheries and Oceans spokeswoman Debbie Buott-Matheson on Wednesday.
“The department is awaiting completion of the CSAS documents to inform potential mitigation measures, additional monitoring requirements, and potential offsetting measures for the facility, should NSPI apply for an Authorization for resumed operations.”
Shutdown confirmed
The power utility confirmed Wednesday that it had received the notice and that it intended to comply.
The plant generates electricity by allowing water behind the causeway crossing the Annapolis River during the rising tide and then redirecting it through a massive turbine as the tide drops.
However, Nova Scotia Power spokesman David Rodenhiser said the plant had been shut down since January due to a problem with its generator.
According to a study of its hydro systems filed with the Nova Scotia Utility and Review Board, the company is currently considering whether to spend an estimated $19 million required to extend the life of the controversial generating station.
Asked whether the additional hurdles and costs associated with meeting Fisheries and Oceans’ Monday order would make the plant less feasible in the long term, Rodenhiser said, “We’ve been assessing the best path forward that will provide the lowest cost solution to our customers.”
Fundy United fishermens association spokesman Darren Porter lauded the move by Fisheries and Oceans Canada.
“To get the authorization they will need to consult with First Nations, they’ll be forced to (conduct) monitoring, they’ll be forced to give offsets for any of the extensive damage done by that facility,” said Porter, who was also a member of the scientific review panel that looked at the facility.
“It won’t be cheap for them to do all that. So I have to thank DFO for this — they’re back standing up for fisheries and it’s completely refreshing.”
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