Public Beach Maintenance

This Operational Statement applies only to public and community beaches that require maintenance to uphold the recreational features that they offer. Beach maintenance activities include replenishing existing beaches with new beach material, grading and removing terrestrial vegetation that migrates onto the beach area. This Operational Statement does not apply to private beaches in front of individual cottage or residential properties due to the wide variability of environmental conditions encountered at such sites.

The near shore waters around beaches provide important habitat for aquatic organisms such as fish, invertebrates and aquatic vegetation. Many fish species lay their eggs, feed and seek protection from predators in these near shore areas. Maintenance of beaches can potentially result in negative impacts to this near shore fish habitat due to erosion of beach materials, removal of riparian vegetation beyond existing beach boundaries, and introduction of deleterious substances from improperly maintained equipment.

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 beach maintenance project adjacent to freshwater lakes, rivers and streams without a DFO review when you meet the following conditions:

• it is the maintenance of an existing public or community beach and does not include creating a new beach (this activity is addressed in the Beach Creation for Residential Use Operational Statement),
• maintenance activities do not include expanding the current size of the beach,
• new beach material will not be placed below the ordinary high water mark (HWM) (see definition below), and
• you incorporate the Measures to Protect Fish and Fish Habitat when Maintaining a Beach 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 a 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 and 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 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 when Maintaining a Beach

1. Place new beach material on a flat, gently sloping area of the beach to prevent this material from entering the water body and avoid placement of beach material in a manner that obstructs or concentrates runoff from adjacent upland areas to the water body.
2. Beach material is to be clean (i.e. free of debris, silt, organic material or other contaminants) and is not to be taken from below the HWM of any water body.
3. Operate machinery on land (outside of the water) and in a manner that minimizes disturbance to the banks of the water body.
   • 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, which include hand tools, away from the water to prevent any deleterious substances from entering the water.
   • 3.3. Keep an emergency spill kit on site in case of fluid leaks or spills from machinery.
   • 3.4. Restore banks to original condition if any disturbance occurs.
4. While this Operational Statement does not cover the clearing of riparian vegetation, the removal of select plants that have migrated onto the existing beach area may be needed to maintain recreational needs. This removal should be kept to a minimum and when practicable, remove vegetation by hand and prune or top instead of uprooting.
5. Any dead aquatic vegetation that washes onshore may be removed.
6. Stabilize any vegetative waste material to prevent it from entering any water body (e.g., placing it above the HWM).
7. If you need to remove aquatic vegetation refer to the Aquatic Vegetation Removal Operational Statement.

Definition:

Ordinary high water mark (HWM) – 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).

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