The placement of cables on the beds of freshwater lakes and rivers is a common practice used to deliver utility services (i.e., electricity and telephone) across water bodies when overhead lines are not feasible. The placement of underwater cables is more favourable than using unconfined open trench methods, which bury the cables within the substrate of the lake or river. Placing cables on the beds of freshwater lakes or rivers typically generates less sediment and avoids the need to use machinery in the water. In some instances, however, excavation may be required as cables may need to be buried near the shoreline for operational safety reasons.
Potential impacts to fish and fish habitat include disruption of sensitive fish spawning areas (e.g., gravel, cobble, and rock rubble), erosion and sedimentation caused by disturbance to the shoreline and bed of water bodies, removal of riparian (bank) vegetation and underwater rocks and logs that provide cover, shade and food, and disruption of sensitive fish life stages.
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 underwater cable project without a DFO review when you meet the following conditions:
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 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/ab/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.
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).
Notification Form (PDF Version, 73 Kb)