Northern Pipeline Socio-Economic and Environmental Terms and Conditions for Northern British Columbia (SI/81-22)

94. Foothills shall, when requested by the designated officer and following consultation with the government of the Province, submit to him for his approval a list setting out those areas of land and waterbodies in which, and the periods of time in respect of those areas and waterbodies during which, the construction or operation of the pipeline may

• (a) threaten the continued existence of significant wildlife populations; or

• (b) result in significant adverse effects on significant wildlife populations.

95. Foothills shall, in a manner satisfactory to the designated officer, prepare construction schedules for the pipeline and propose the location of the pipeline in such a manner that when the construction of the pipeline is being carried out the adverse impact on wildlife in any area and during any periods of time in respect of that area set out in the list referred to in section 94 is minimized.

96. Foothills shall take such measures as are satisfactory to the designated officer to prevent big game animals from being obstructed or entrapped by the construction of the pipeline.

• 97. (1) Where requested by the designated officer, Foothills shall, during the construction and operation of the pipeline, monitor, at such locations and times and for such periods as are satisfactory to the designated officer, the impact resulting from the construction and operation of the pipeline on the habitat, seasonal distribution and movement of significant wildlife populations.

• (2) Foothills shall, in carrying out the monitoring pursuant to subsection (1), evaluate the effectiveness of its measures to mitigate any adverse impact on significant wildlife populations and shall, when requested by the designated officer, report to him the results of the monitoring.

98. Where, in the opinion of the designated officer,

• (a) the proposed location of the pipeline or the construction schedule of the pipeline referred to in section 95 is such that it does not minimize the adverse environmental impact on wildlife, or

• (b) the measures taken pursuant to section 96 are ineffective

Foothills shall take such remedial measures as are satisfactory to the designated officer.

99. Foothills shall take such measures as are satisfactory to the designated officer to prevent the construction and operation of the pipeline from unreasonably interfering with hunting, guiding or trapping in the vicinity of the pipeline.

• 100. (1) Foothills shall, when requested by the designated officer and following consultation with the government of the Province, submit to him for his approval a list setting out those areas of fish habitat in which, and the periods of time in respect of those areas during which, the construction or operation of the pipeline may threaten the continued existence of significant fish populations.

• (2) The areas referred to in subsection (1) shall include fish spawning and rearing grounds, overwintering areas and migration routes in the waterbodies through which the pipeline passes.

• (3) The periods of time referred to in subsection (1) shall include those periods for the spawning, incubation, emergence and rearing and migration of the fish.