This article will discuss the process and procedural frameworks of Fisheries Environmental Impact Assessment (FEIA). The EIA Decree No. 86 of 1992 is an additional document with the same aim of protecting the Nigerian environment. It is particularly directed at regulating the industrialization process with due regard to the environment.
According to this Decree, no industrial plan, development, or activity listed under FEPA’s mandatory categories can be executed without prior consideration of the environmental consequences of such proposed actions, in the form of an environmental impact assessment.
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Process and Procedural Framework in FEIA
The fisheries EIA process involves various stages that a project undergoes, from proposal to approval for implementation, resulting in the issuance of an Environmental Impact Statement (EIS) and certificate. The process includes several stages, as follows:
i. Determining if FEPA environmental laws and regulations have been initiated;
ii. Screening a project for potential environmental effects;
iii. Scoping to determine the spatial and temporal dimensions of environmental effects;
iv. Conducting detailed baseline studies to determine the environmental condition prior to project implementation;
v. Preparing a detailed assessment report;
vi. Carrying out a panel review of the EIA report if necessary;
vii. Obtaining authorization and approval, where appropriate.
For FEPA, the Director General/Chief Executive was the responsible officer. Presently, the Minister for the Environment, upon recommendation by the Ministry’s Department of EIA, is the sole authorizing officer. The National Procedural Guidelines provide practical steps from project conception to commissioning, which include:
i. Project proposal;
ii. Initial environmental examination (IEE) or preliminary assessment;
iii. Screening;
iv. Scoping;
v. EIA study;
vi. Review;
vii. Decision-making;
viii. Monitoring;
ix. Auditing.
The proponent initiates the process in writing to the responsible officer. A notification form is duly completed with all relevant information on the proposal. Using the criteria of:
i. Magnitude – probable severity of each potential impact;
ii. Prevalence/extent – extent to which the impact may eventually spread;
iii. Duration and frequency – whether the activity is short-term, long-term, or intermittent;
iv. Risks – probability of serious environmental effects;
v Significance/importance – value attached to a specified area;
vi Mitigation – measures available for addressing associated and potential environmental effects.
The Department of EIA conducts internal screening (IEE) to determine the project’s category under the mandatory study activities list. Where no adverse environmental effects exist, the EIA is issued approval, and the project commences with appropriate mitigation and monitoring measures.
Otherwise, within ten working days of receipt of the proposal, the screening report is sent to the proponent for scoping and the preparation of Terms of Reference (ToR).
The ToR defines the scope of the proposed EIA study, which is examined, and the scope of the study is then finalized by the Department of EIA. The proponent carries out the EIA study, generally using consultants, and the draft EIA report in 15 copies is submitted to the department.
For this draft report to be considered complete, it must include, as an annex, the results of public participation in a forum. Within 15 working days of receiving the draft report, the Department of EIA concludes its evaluation and determines the review method, which is then communicated to the proponent in writing. The four methods are:
i. In-house review;
ii. Panel review (which may be public);
iii. Public review – a 21-day public display of the report, with appropriate venues chosen by the Department for EIA for the convenience of public stakeholders and communities. The Department invites interested groups or individuals to participate through newspaper advertisements;
iv. Mediation.
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Within one month of the review process, the review comments are communicated to the proponent. During this stage, the public participates only if the review method selected by the Department ensures public involvement.
The final EIA report, addressing and responding to the review comments, is submitted within three to six months to the Department. At this stage, the Department and the proponent agree on conditions for establishing a follow-up program, which includes a mitigation, compliance, and monitoring plan, a monitoring strategy, and an audit procedure.
A ‘no project’ decision is communicated to the proponent if the review comments are adverse or if the final report does not adequately address them. The recommendation-making body is the Ministry’s Department of EIA.
If the final EIA report is deemed satisfactory, the Department obtains the Minister’s approval within one month and issues the Environmental Impact Statement (EIS), followed by certification by the responsible officer, complete with conditions and a validity period.
Once the certificate is obtained, the proponent may commence the project, subject to the conditions and specifications in the EIS. If the project is not commissioned within the validity period on the certificate, a revised and updated EIA report is required for revalidation.
The project’s progress is monitored to ensure compliance with all conditions and mitigation measures outlined in the Environmental Monitoring Plan. Periodic environmental audits are also conducted to assess both positive and negative impacts of the project.
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