Submerged Log Salvage

This Operational Statement applies to log salvage operations that involve the retrieval of commercially cut submerged logs from the bed or bottom of rivers, lakes, estuaries or oceans. Careful removal of submerged logs using cables or floats can restore habitats where logs have accumulated historically during commercial log transport activities. Log removal may also be required to ensure safe navigation. Logs that become submerged in near shore waters often provide valuable fish habitat. Removing these logs has the potential to reduce the amount of near shore cover.

The removal of submerged logs can negatively impact fish and fish habitat by increasing the amount of suspended sediments caused by bottom disturbance, disrupting sensitive fish life stages, causing erosion and sedimentation by disturbing shoreline soils at take-out sites, and introducing 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 be incorporated into your project in order to avoid negative impacts to fish habitat. You may proceed with your submerged log salvage project without a DFO review when you meet the following conditions:

• only salvage cut logs (for example, no root wad or branches attached),
• do not salvage logs that are located in water depths less than five (5) metres,
• in order to prevent the release of sediment do not remove logs that are buried more than 10% of their diameter in the substrate within the water body,
• the removal does not include logs from the shoreline or free-standing timber in reservoirs,
• all yarding or storage areas are located above the ordinary high water mark (HWM) (see definition below), and
• you incorporate the Measures to Protect Fish and Fish Habitat when Salvaging Submerged Logs 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 your Conservation Authority, or the DFO office in your area (see Ontario DFO office list) or Parks Canada if the project is located within its jurisdiction, including the Trent-Severn Waterway and the Rideau Canal, if you wish to obtain an 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 one of the agencies listed above.

We ask that you notify DFO, preferably 10 working days before starting your work by filling out and sending the Ontario Operational Statement notification form (http://www.dfo-mpo.ca/regions/central/habitat/os-eo/provinces-territories-territoires/on/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 Salvaging Submerged Logs

1. Time log salvage to prevent disruption to sensitive fish life stages by adhering to appropriate fisheries timing windows (see the Ontario In-Water Construction Timing Windows).
2. Salvage logs in a manner that minimizes disruptions to any fish in the area.
3. All sorting and disposal of unwanted logs should be done above the HWM.
4. If disturbance to the shoreline is likely to occur, ensure that appropriate sediment and erosion control measures are in place before you start work, particularly on sites with erodible soils.
5. Salvage operations should be done in a manner that minimizes disturbance to the banks or bed of the water body and reduces the suspension of sediments in the water column (e.g., lifting logs onto a floating barge instead of dragging them across the bed and shoreline).
   • 5.1. Operate machinery from shore or a floating barge.
   • 5.2. Machinery is to arrive on site in a clean condition and is to be maintained free of fluid leaks.
   • 5.3. 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.
   • 5.4. Keep an emergency spill kit on site in case of fluid leaks or spills from machinery.
   • 5.5. Restore banks to original condition if any disturbance occurs.
6. Vegetate any disturbed areas by planting and seeding preferably with native trees, shrubs or grasses and cover such areas with mulch to prevent erosion and to help seeds germinate. If there is insufficient time remaining in the growing season, the site should be stabilized (e.g., cover exposed areas with erosion control blankets to keep the soil in place and prevent erosion) and vegetated the following spring.
   • 6.1. Maintain effective sediment and erosion control measures until re-vegetation of disturbed areas is achieved.

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).

For the Great Lakes this refers to the 80th percentile elevation above chart datum as described in DFO’s Fish Habitat and Determining the High Water Mark on Lakes.

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