Environmental Impact Assessment (EIA) as a management tool for protected areas: Canada and Mexico

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Environmental Impact Assessment (EIA) as a management tool for protected areas: Canada and Mexico Angeles Mendoza angeles@angelesmendoza.com IAIA 04, April 26, 2004 Faculty of Environmental Design University of Calgary

Outline Background Research questions & methods Results and discussion EIA in Canada and Mexico review of EIA reports interviews Conclusions Recommendations

Scope of this presentation Background What is the current experience in Mexico regarding the use of EIA as a tool for protected areas management What elements from the Canadian experience could help improve the use of EIA for protected areas in Mexico

Why Canada and Mexico Protected areas are seen as a strategy to protect biodiversity and promote sustainable development Presence of shared species EIA in Canada since the 1970s EIAs in Mexico since 1988 EIA as a tool to reconcile environmental protection and sustainable development Cumulative Effects Assessment is integrated into EIA - Cumulative effects assessment is...merely EIA done right P.N. Duinker

Research questions and methods

Research questions What are the main similarities and differences between Canada and Mexico s legislation regarding EIA and cumulative effects (CE)? Are CE considered in EIA reports? What do managers think about the use of EIA and CE- for improving management of protected areas?

Methods Review of laws and regulations EIA Canadian Environmental Assessment Act General Law of Ecological Equilibrium and Environmental Protection (LGEEPA) LGEEPA Regulation on Environmental Impact Assessment Protected areas Canadian National Parks Act LGEEPA Regulation on Natural Protected Areas

Selection criteria for protected areas: - Existence of a management team and management plan - Presence or records of populations of shared species: bald eagle burrowing owl peregrine falcon piping plover monarch butterfly - Listed as Important Bird Areas or Biological Corridors Areas selected: - 2 Biosphere Reserves - 1 National Park - 1 Wildlife Refuge

Review of 8 EIA reports Works or projects inside or near protected areas Provided by managers of protected areas

Year 1992 1994 1997 1998 2000 2000 2000 2001 Project Modification of a canal, Yucatán Rehabilitation of a salt mine, Yucatán Copper Mining, Sonora Valuation of a limestone mining deposit, Sonora Extraction of material for road construction, Sonora Town expansion, Rio Lagartos, Yucatán Construction of transmission towers, Sonora Town expansion, San Felipe, Yucatán Author CINVESTAV Salinera de Yucatán Minera Teck Americal ARL Construcciones Consultores en Ecosistemas Movitel del Noroeste Consultores en Ecosistemas

Interviews - Twelve interviews with managers and staff from the four protected areas - Four interviews with directors of the National Commission on Natural Protected Areas

Results and discussion

Environmental Law Definition environmental impact Types of EIA Cumulative effects Transboundary effects Canada Changes that a project may cause on the environment Screening Comprehensive Class screenings For both screening and comprehensive Considered Mexico Modification to the environment caused by action of man or nature Particular Regional Preventive report Only for regional EIA Not considered

Precautionary principle Public involvement Panel Review Public registry Canada Yes Early in the process Yes Yes Mexico No After EIA has been submitted No, only a 1-day public meeting Yes

Cumulative effects are stressed more in Canada than in Mexico, with clear requirements to consider ecological integrity and apply the precautionary principle EIA process is more preventive and participatory in Canada than in Mexico

EIA Reports Characteristics Comparison with model by Mendoza, Spaling, and Ross 61 elements, scored from 0 to 4 Scoping Project, methods, regional context, and significance Management of cumulative effects, mitigation, implementation and follow-up

Results Scores of the 8 Mexican reports ranged from 3 to 17 out of 128 The elements treated with more detail were the description of the project and of the locality where it would take place The elements not considered were implementation of mitigation measures and follow-up Scores of 13 Canadian reports from the years 1994 to 1998 ranged from 20 to 65

Only one project used indicators It provided quantitative information on the state of indicators but did not assess how the project would affect them Spatial or temporal boundaries were not defined Most common method to determine significance was a list of impacts with a matrix of interactions Analysis was descriptive Only two reports related likely impacts to mitigation measures

Cumulative effects (CE) Reports evaluated only one phase of a major project CE were not evaluated Only one report mentioned they might occur Analysis and mitigation measures focused on direct impacts of proposed works or activities Residual effects were not evaluated Two assessments located the proposed project outside a protected area when it was inside, at least in part (different requirements apply)

Interviews with Mexican managers Purpose of conducting EIAs To prevent environmental damage To reconcile interests To move towards sustainable development Main Problems regarding quality of EIA reports Consultants do not have enough knowledge of EIA, the project, or the receiving environment Reports may omit information about the project or the environment Recommended mitigation measures may not be feasible for proponents or useful for park management

Other problems affecting quality of EIA process EIA may be done at the last minute, when most decisions have been made Few staff and resources to review EIAs Decisions are made at other levels, protected areas only give a recommendation about the project Not enough collaboration among proponents, consultants, and park staff EIA is more a reactive than a proactive tool

Consideration of Cumulative effects (CE) Protected areas are affected by CE; however, EIAs do not include analysis of CE Regional EIAs are replaced by other instruments Projects and approvals follow a piece-by-piece approach

No thresholds or limits of acceptable change are known for ecosystems No elements to reject projects when carrying capacity is being reached. e.g. tourism developments EIA is a good tool for park management; however, The quality of the reports and the review process could be improved There are areas not properly covered by current regulations, e.g. canals and research

Conclusions

A small number of reports were available for review. However, they showed a trend that was confirmed by park staff The quality of EIA reports was low, especially regarding the use of scientific information, the feasibility and usefulness of mitigation measures, and the management of environmental impacts Cumulative effects are not addressed on EIA reports

Currently, cumulative effects are considered on the legislation only for regional EIAs Managers indicated a need to assess cumulative effects for all projects affecting protected areas and to improve the quality of EIA reports in general EIA process is less participative and proactive in Mexico than in Canada

Recommendations

Improving the use of EIA for park management Park level Train staff on EIA theory & methods Gather information on activities contributing to CE Collaborate on enforcement and follow-up Legislation Require CE for both regional and particular EIAs Incorporate Precautionary Principle Require EIA for whole projects Require follow-up Seek consistency among laws Agency Design a system to incorporate results from individual EIAs to assess CE regionally Evaluate CE locally and regionally Conduct a gap analysis Promote reforms to LGEEPA: EIA proactive and participatory Make enforcement more efficient and effective

Thank you To informants CONCYt-Mexico University of Calgary Questions and comments are welcome Visit http://protectedareasmanagement.org