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Proactive Disclosure

Proactive Disclosure

Aquatic Vegetation Removal

This Operational Statement applies only to small-scale removal of aquatic vegetation in freshwater systems for purposes of recreation (e.g., swimming) and navigation. Removal methods include the use of hand tools or mechanical means, or hand pulling that does not result in a large release of sediments. Freshwater aquatic vegetation plays an important role as habitat for fish and other aquatic species. However, in some freshwater lakes and rivers, it can be dense enough to interfere with recreation and navigation. This occurs in water bodies with high nutrient levels that create favourable conditions for aquatic vegetation growth.

In many water bodies, even small amounts of vegetation removal can be harmful to fish and other aquatic life due to the limited extent of vegetation available to them as cover and feeding areas. Excessive disturbance of bottom sediments can result in harm to fish and siltation of important feeding and spawning areas. However, in some water bodies, limited removal of aquatic vegetation using proper techniques can be done while protecting fish and fish habitat.

Fisheries and Oceans Canada (DFO) is responsible for protecting fish and fish habitat across Canada. Under the Fisheries Act no one may carry out a work or undertaking that will cause the harmful alteration, disruption or destruction (HADD) of fish habitat unless it has been authorized by DFO. By following the conditions and measures set out below you will be in compliance with subsection 35(1) of the Fisheries Act.

The purpose of this Operational Statement is to describe the conditions under which it is applicable to your project and the measures to incorporate into your project in order to avoid negative impacts to fish habitat. You may proceed with your aquatic vegetation removal project without a DFO review when you meet the following conditions:

you are not working within West Hawk Lake, which is subject to provincial management consideration,
you are not working within the following areas/water bodies where aquatic vegetation is limited:
- – Water bodies in Northern Manitoba as described by the Manitoba In-Water Construction Timing Windows,
- – Water bodies in Southern Manitoba (as described by the Manitoba In-Water Construction Timing Windows) that contain lake trout,
the removal activities do not involve dredging the bottom of the lake or river, and
you incorporate the Measures to Protect Fish and Fish Habitat during
small-scale Aquatic Vegetation Removal listed below in this Operational Statement.

If you cannot meet all of the conditions listed above and cannot incorporate all of the measures listed below then your project may result in the violation of subsection 35(1) of the Fisheries Act and you could be subject to enforcement action. In this case, you should contact the DFO office in your area if you wish to obtain DFO’s opinion on the possible options you should consider to avoid contravention of the Fisheries Act.

You are required to respect all municipal, provincial or federal legislation that applies to the work being carried out in relation to this Operational Statement. The activities undertaken in this Operational Statement must also comply with the Species at Risk Act (www.sararegistry.gc.ca). If you have questions regarding this Operational Statement, please contact the DFO office in your area (see Manitoba DFO office list).

We ask that you notify DFO, preferably 10 working days before starting your work by filling out and sending the Manitoba Operational Statement notification form (http://www.dfo-mpo.ca/regions/central/habitat/os-eo/ provinces-territories-territoires/mb/os-eo20-eng.htm) to the DFO office in your area. This information is requested in order to evaluate the effectiveness of the work carried out in relation to this Operational Statement.

Measures to Protect Fish and Fish Habitat during small-scale Aquatic Vegetation Removal

Time aquatic vegetation removal to prevent disruption to sensitive fish life stages by adhering to appropriate fisheries timing windows (see the Manitoba In-Water Construction Timing Windows).
The removal of aquatic vegetation for navigation and recreation purposes will not exceed a 4 metre wide band. This 4 metre wide band extends out perpendicular from the shoreline into the water body until you reach the navigable channel and includes any existing plant-free areas.
- 2.1. Removal techniques should avoid disturbing the bottom substrates of the lake or river. This means you should try not to create large clouds of suspended silt and muck when removing the aquatic vegetation
- 2.2. Leave all rocks and woody material in the area that is being cleared of aquatic vegetation, unless they are obstructing navigation.
Hand removal of aquatic vegetation is the most preferred method. If hand removal is not possible, use only floating machinery to prevent disturbance to the bottom substrates of the lake or river.
- 3.1. Machinery is to arrive on site in a clean condition and is to be maintained free of fluid leaks.
- 3.2. Wash, refuel and service machinery and store fuel and other materials for the machinery away from the water to prevent any deleterious substance from entering the water.
- 3.3. Keep an emergency spill kit on site in case of fluid leaks or spills from machinery.
Stabilize the aquatic vegetation that is removed to prevent it from re-entering the water body (e.g., placing it above the ordinary high water mark (see definition below)). This could include covering spoil piles with biodegradable mats or tarps or planting them with grass or shrubs.

Definitions:

Ordinary high water mark – The usual or average level to which a body of water rises at its highest point and remains for sufficient time so as to change the characteristics of the land. In flowing waters (rivers, streams) this refers to the “active channel/bank-full level” which is often the 1:2 year flood flow return level. In inland lakes, wetlands or marine environments it refers to those parts of the water body bed and banks that are frequently flooded by water so as to leave a mark on the land and where the natural vegetation changes from predominately aquatic vegetation to terrestrial vegetation (excepting water tolerant species). For reservoirs this refers to normal high operating levels (Full Supply Level).