An investigation by Fisheries and Oceans Canada (DFO) launched in October 2006 revealed that work conducted on a bank stabilization project using heavy machinery resulted in the infill of fish habitat for several fish species. The work also consisted of removing trees and other shoreline vegetation along the bank of the Elbow River, which help to protect fish and fish habitat. Any works undertaken that involves the harmful alteration, disruption or destruction of fish habitat require an authorization from DFO.
At the request of Public Prosecution Service of Canada, Honourable Judge Lamoureux ordered that $75,000 of the total penalty be distributed to Trout Unlimited Canada to fund a fish habitat enhancement and restoration project in Alberta. The remaining $20,000 of the penalty is to be distributed to Elbow River Watershed Partnership, to promote public awareness and education of fish habitat programs.
In addition to the penalties, the defendants were ordered to restore and remediate the site where the offence occurred and the Government of Alberta was ordered to compensate for the loss of fish habitat by remediating two other harmfully altered locations on the Elbow River. The Government of Alberta was also ordered to create a public education display, as well as develop and present a training session for its staff working in and around fish and waterways.
Prior to undertaking any work in or around water, DFO encourages the public to ensure they have all necessary permits from municipal, provincial, and federal agencies and authorities.
