From the Smoky Lake Signal, Wednesday, April 17, 2002. Volume 24, Number 48.

Enforcing the Federal Fisheries Act

County Fieldman Jeff Warawa invited federal fisheries officers to the Smoky Lake County Ag Service Board meeting, Friday, April 12. It's easier for them to explain that regulations have changed, that counties can no longer hire a trapper to blow beaver dams on fish bearing creeks, and that the culvert/weir on Mons Lake is unacceptable.
Fisheries Officer Steve Allen and Fish Habitat Biologist Angela Slomke work for Fisheries and Ocean Canada, the Central and Arctic region out of a district office in Edmonton. They enforce the Federal Fisheries Act. Section 351 says no one has the right to harm fish habitat, with either chemicals or sediment, or to hinder fish lifecycles, from eggs to juvenile spawns to spats and adults. The act is enforceable in all inland or coastal waterways, and that includes lakes, rivers and creeks.

It is not new legislation. The act has been in power since 1867. It was to be enforced by Alberta Government Conservation officers, but after the Old Man River Dam debate between governments, the federal government decided they needed a higher profile in Alberta. Two and a half years ago, Fisheries officers and fish habitat biologists were hired. There are now offices in Peace River, Lethbridge, Edmonton and Calgary.
The county's practice of using dynamite to blow up beaver dams will only be permitted if there is no other way. The concussion from the dynamite explosions is harmful and kills fish. The rapidly flowing water erodes the dams and the banks and leaves sediment on top of fish habitat downstream. The pool behind the dam dries up and the fish die.

But are all the streams in Smoky Lake County fish bearing? asked councillors. The province has maps and data that is available to the county, but as of yet, the federal biologists don't have access to their data base. Federal provincial wrangling reaches even down to the conservation level. The county was told to check before any beaver dams are removed. Most of the streams in the county are fish habitat.

Biologist Slomke said flooding beaver dams should be removed manually, or by machine, to minimize downstream sedimentation. Breaching the dams slowly causes fewer problems.

White Earth, Edwand and Waskatenau Creeks are all considered fish bearing.

Division 5 Councillor Cory Ollikka said he had a problem with Waskatenau Creek being declared fish bearing. There is not that much water, much less fish in it anymore.

How often do they update the data?

Anytime there is a project on the creek, data is collected before licenses are given.
Fisheries Officer Allen said he looked recently at the Highway 28 culvert over Waskatenau Creek and there were thousands of fish frozen in the ice. They were minnows, but they are fish and are protected under the act. Minnows and sticklebacks are feed for other fish. The act doesn't just preserve sports fish. Few sports fish do go upstream anymore, due to the drought.

What do you do about a lagoon emptying into a creek? asked Division 1 Councillor Dareld Cholak. Vilna, Smoky Lake and Waskatenau lagoons all empty onto various creeks. All have permission from Environment.

If the lagoon emptying was detrimental to fish, it would be a violation. Water leaving from the lagoon has to be as good a quality as water in the creek. They would take water samples and hand the problem over to Environment Canada.

How about intensive livestock operations? asked Division 2 Councillor Terry Katerenchuk.

There is an educational gap, said Fisheries Officer Allen. The federal government has raised the bar, enforcing higher standards than there are now, but it can't be done over night. He would investigate any problem. Intensive livestock operation problems are usually dealt with as sediment issues. Cattle on an exposed river bank sloughing it in, covering the cattails, spoiling the spawning grounds. As an option he would go to court, usually as habitat inspectors they would put stop orders and the cattle's direct access to the water would end.

Mr. Allen said he would rather have the rancher apply to fish and cattle programs for funding to fix the problem before going to court. Environment Canada would be brought in to study the effects of excess manure. The province has stepped out of the picture of enforcing habitat, said the federal conservation officer. It has been left to the federal government because the province would not charge crown corporations for violations. They wouldn't do it, so we do, said the federal officer.

The act says you can destroy fish habitat if you get a permit say to install culverts or make needed creek crossings. Water sheds should be protected to keep sediment out of rivers. The forestry office has recently seized documents in the Peace River area dealing with clear cutting to the edge of a creek, again without permission.

The Mons Lake violation is obstruction of fish passage. The fish are trapped in the lake by a hanging culvert. It obstructs fish passage in Edwand Creek when the water is low. The culvert was installed through an existing beaver dam in the fall. Any work there can be considered a harmful alteration of the environment.

The fisheries officer said he would work with County Fieldman Jeff Warawa to have a more effective control of the water level installed, one that would keep fish moving between the lake and the creek. The jurisdictional problem between the province and the federal government raised its head again. 

Councillor Cholak said provincial water resources should have contacted the federal department when the work was being done under their supervision. What went wrong is part of their investigation. It is the county's responsibility to notify the Federal Fisheries Department of any work being done. Fisheries is trying to educate provincial water resources. They know that federal approval was necessary, but it wasn't communicated.

Reeve Franchuk said he is only a mile and a half away from the lake. The creek dried out last year. The cabin owners wanted to keep the lake from going down.
Fisheries doesn't want the lake to dry up, said Mr. Allen, there are fish in it. But in future, call us so we can check on the impact to maintain the fisheries. If the county has farmers with bad farming practices, allowing manure in streams or creek bank erosions, and you think you don't have the power to stop it, we do, said the Fisheries officer. We work on anonymous phone calls too. We will investigate and have the actions corrected.

The fines can be substantial, $300,000. Up to half a million dollar for a first offence if summarily convicted. And jail terms could apply.

Councillor Katerenchuk asked whether the county's White Earth gravel pit is within federal jurisdiction. The big pit is in a flood plain with a creek running through it.
While the county hasn't touched the gravel in the creek, the water does seep in to the county pit. If there is no fish habitat, there is no problem, unless the gravel extraction impacts the creek by dropping the water table.

Is pumping still allowed from fish bearing creeks? It depends on how much water is left for the fish, said biologist Slomke.

The province, under the Water Act, is handling that issue. They'll calculate the in stream flows to protect the fish. Federal Fisheries will investigate if fish are dying, and find out who has removed too much water. The intake hoses must be screened to prevent fish from being sucked up.

Councillors thanked the Fisheries officers for their informative discussion.



What is Fish Habitat?


It is not just the spot where you see fish in the water. It's any place that fish depend on to meet their requirements for food, shelter, water, reproduction and growth over their life cycle, according to federal Fisheries. Spawning habitat could be a rocky shoal in a large lake for lake trout, or a cobbly bottom in a fast flowing stream with pools and ripples for walleye and it can be the mud and grass bottom of a shallow marsh for Northern Pike.

On the prairies small streams, wetlands and even the occasional hay meadow are temporary spawning and nursery habitat for spring spawners such as Northern Pike, suckers and walleye. But the fish have to be free to swim up and down streams to reach their other life cycle habitats, hence the problems of dams, culverts and debris in the water. Good fish habitat includes areas of aquatic plants, logs, boulders and undercut banks where fish can feed, rest and take refuge from predators. The release of municipal waste water high in ammonia can kill fish downstream in a manner of minutes. Other threats include clearing trees and shrubs along shorelines, spraying dandelions on the river front property. Mining, forestry, industry, and hydroelectric developments are the biggest culprits in habitat destruction. But the cumulative impacts of landowners can be just as devastating. A culvert under a cottage driveway can block a spawning stream as effectively as a multimillion dollar dam.

Other threats to fish habitat include draining land and straightening streams, all activities that provincial Water Resources not only condoned in the past, but funded. Dried up Waskatenau Creek is the closest example.

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