Illegal Alteration of Fish Habitat Results in Heavy Fines for B.C. Development Corporation

June 24, 2010

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SALMON ARM, B.C. -  A British Columbia development corporation (a division of 0702905 B.C. Ltd.) will pay $375,000 in reparation costs and fines after pleading guilty to illegally altering fish habitat in the Shuswap Lake area.

In his disposition, Judge Edmond De Walle fined the Corporation $5,000 and levied the additional sums of $70,000 to be paid to the Fraser Basin Council to support conservation and protection of fish and fish habitat in the Shuswap Lake area, and $300,000 to be held in trust to pay for habitat remediation of the damaged site. This work will be undertaken by the Corporation, overseen by Department of Fisheries and Oceans (DFO) habitat biologists, and will include the replanting, irrigation, and fencing off of sensitive habitat from the upland development, as well as ongoing monitoring.

The case began June 12, 2007, when DFO launched an investigation around land clearing done between early January 2007 and June of the same year on development property known as “Old Town Bay” near Sicamous, B.C. In early 2009, after a lengthy and extensive investigation, the Corporation was charged with clearing forest and vegetation from seven hectares of a relatively rare landform in the Eagle River delta area on Shuswap Lake. This investigation was coordinated by DFO’s Conservation and Protection unit, and incorporated expertise from various DFO program areas (Habitat, Restoration, Stock Assessment and IT Services) as well as outside agencies including the Department of Justice and the Provincial Ministry of the Environment.

Delta areas like the one involved in this case are of particular importance to juvenile salmonids as they represent safe areas that are rich in food for juvenile fish. The Eagle River and Shuswap Lake are habitat for sockeye, chinook, coho and pink salmon, rainbow trout, steelhead, lake char and a variety of other fish, and support commercial, recreational and First Nations fisheries.

The Corporation had been working for several years on development proposals for the Old Town Bay area of Shuswap Lake, which included plans for residential properties connected with an adjacent marina, and other recreational facilities. Starting in 2004 the Corporation hired various consultants, including environmental biologists, to assist with their development applications.

During the period leading up to June 2007, the Corporation also met with habitat biologists and other experts from DFO to discuss the potential impacts of the proposed development on sensitive fish habitat, and the need for adequate setbacks. Despite these discussions, the Corporation did not apply to DFO for legal permission to undertake the land clearing and removal of the riparian vegetation. Most of the area of the delta that was logged was within foreshore areas under permanent protection from property development by both federal and provincial legislation.

The reparation costs and fines levied against the corporation reflect the terms of a pre-trial negotiated joint agreement between the Corporation and DFO, which included the Company pleading guilty to charges of harming fish habitat in violation of the Fisheries Act.

Developers and homeowners are reminded that they must submit proposals for many types of work-related activities along lake and stream foreshores and marine intertidal areas to DFO habitat staff prior to any construction. Acquisition of a provincial land tenure, commonly known as a “foreshore lease”, or other approvals such as those obtained under the B.C. Water Act, do not replace the DFO authorizations required before undertaking work that could harmfully alter, disrupt or destruct fish habitat. Additional approvals under the Fisheries Act or Navigable Waters Protection Act, as well as measures to mitigate or compensate for loss of habitat,may also be required. Gravel, sand, boulders, beach logs, trees and vegetation are elements of fish habitat and their removal may harm fish habitat and be contrary to the Fisheries Act.

DFO acts to end illegal activities which have an impact on fish and fish habitat. As part of this work, the Department asks the general public for information on activities of this nature or any contravention of the Fisheries Act andRegulations. Anyone with information can call the toll-free reporting line at 1-800-465-4336.

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For more information:
Leri Davies, Strategic Media Relations Advisor
Fisheries and Oceans Canada, Pacific Region
Tel:  604-666-8675,  Cell:  604-612-6837

 

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