Archived – Municipality and Kowal Construction Ltd. Fined for Destruction of Fish Habitat in Jumping Pound Creek

February 14, 2008

COCHRANE, ALBERTA – On February 14, 2008, the Municipal District of Rocky View No. 44 and Kowal Construction Ltd. were ordered by the Honourable Provincial Court Judge Riley to pay a penalty of $12,000 each after pleading guilty to violations of subsections 35(1) and 36(3) of the federal Fisheries Act. The Municipality has also been ordered to stabilize the shoreline where the offence occurred along Jumping Pound Creek near Cochrane, Alberta in order to prevent further erosion from occurring as a result of the offence.

The violations of subsection 35(1) related to the "the harmful alteration, disruption or destruction of fish habitat" along the shoreline of the creek due to works undertaken to the main channel and banks of the creek in July 2005 using heavy machinery. The violations of subsection 36(3) were the result of the release of sediment into the creek as a part of the work undertaken. Jumping Pound Creek provides important fish habitat for several species of rainbow trout, cutthroat trout, brook trout, mountain whitefish and longnose sucker.

The court has directed that $21,600 of the total penalty monies of $24,000 be paid to Fisheries and Oceans Canada (DFO) to hold in trust for projects designed to manage, conserve and protect fish and fish habitat in Alberta watersheds. Projects submitted by government or non-government agencies and individuals may be considered by DFO as eligible for use of the funds where the projects focus on the management and enhancement of fish habitat for fish species in Alberta water bodies.

Prior to undertaking any work in or around water, DFO encourages the public to ensure they have all necessary permits from municipal, provincial, and federal agencies and authorities.

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FOR MORE INFORMATION:

NR-CA-08-01E