Yuku free message boards

Jen, we're all blondes when it comes to getting legal answers.

Here's the link to the Fisheries Act

2 key terms to remember : Disturbance of Fish Habitat and High Water Mark

http://laws.justice.gc.ca/en/F-14/

Before getting unneccessarily upset, this is another case where the laws are so broad that technically any human activity can disturb fish habitat. I've seen heavy equipment operators get in trouble for digging below the high water mark. The mark was arguably established by a flood, 500 years ago. There were other forces at work on that decision or ruling, actually.

I don't know of anyone, taking a shovel -load of gravel right out of the river, ever having any troubles. If it could be proven that a person removed yards of material from the river water, there could be problems. If a miner knew there were eggs in gravels, there would be little sense in taking even one shovel of gravel. Dredging is pretty hard to defend, considering the definitions of fish habitat and what constitutes disturbance. The only positive development that I've heard, in a long time is that dredging on bare bedrock, with shore-based settling ponds, may be allowed. Gravels have fish food and bug larvae. Dredges would remove food supply, especially if sent to a settling pond. If all the gravel was removed from a river, there would be no spawning beds.

Personally, I believe that dredging at the right time of year in almost any river can do more good than harm. That is a long argument to bring up with the authorities. The present Fisheries Act doesn't seem to have any tolerance for disturbance of fish habitat. The Mines Ministry can't very well offer any advise or permission for any activities that involve fish habitat. They aren't the fish experts. I believe that's why they don't put in clear writing clear do and don't rules on dredging, shovelling or working in river waters. You can see how absurd things are when panning at a river means putting gravel, possibly ontop of egg beds, and adding sediment to the water, and filling nurseries and rearing areas. According to the Fisheries Act, all miners and prospectors are breaking the law. Always. There must have been a common sense truce or compromise made between Mines and Fisheries on the subject of gold panning. I think the truce allows common sense to cover a lot more than gold panning. If common sense prevails there's no need for black and white rules and regulations. We have to work in the fuzzy grey zone of the law, I guess.

In the DFO web-site, I see that a total of 8 convictions were made, in 2004, for disturbance of fish habitat. They all seemed to be related to heavy industrial, polluting activities. Definitely not people using hand tools. As always, DYODD. Do your own due dilligence. And good luck and happy mining!

From the DFO link :

"Fish habitat as defined in the Fisheries Act, includes the spawning grounds and nursery, rearing, food supply and migration areas on which fish depend directly or indirectly in order to carry out their life processes.

Freshwater includes water systems that contain very little dissolved salt including rivers, streams, creeks, lakes, reservoirs, ponds, wetlands, etc.

Fisheries timing windows indicate when it is appropriate to proceed with the proposed development in water bodies or watercourses. These timing constraints typically coincide with critical periods in the life cycle of fish (reproduction, incubation and nursery activities).

Habitat Protection Provisions include the sections of the federal Fisheries Act that pertain to the powers and authorities to regulate impacts of works or undertakings to fish and fish habitat. These provisions include that prevent anyone from carrying out any works or undertakings in or near water that prevent fish passage, reduce flow needs of fish, results in the destruction of fish by means other than fishing or results in the harmful alteration, disruption or destruction of fish habitat.

High water mark indicates 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 or 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. For reservoirs this refers to normal high operating levels."