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BC law fails to protect fish habitat

WEST COAST ENVIRONMENTAL LAW: BC law fails to protect fish habitat

Kamloops and Shuswap Lake. Photo by Flickr user autumy.

From WCEL staff lawyer Andrew Gage:

A BC Court of Appeal decision issued earlier this month (July 5th) has confirmed that the province’s Riparian Areas Regulation (RAR) by itself provides little legal protection for fish habitat. The RAR is the province’s primary legal tool to protect fish habitat from development located immediately next to streams and lakes…

[snip]

[I]t is extremely unclear whether RAR has any legal effect unless a local government has taken the necessary steps to implement it through its bylaws.

The RAR itself, however, establishes a complex “assessment methodology” which professionals (foresters, biologists, engineers, etc.) hired by a developer are supposed to apply in determining how far back development should be from waterbodies that provide fish habitat.  The RAR calls this set-back a “Streamside Protection and Enhancement Area” (SPEA), and we pointed out in 2005 that the RAR does not require that SPEAs, once identified, need to actually be protected

[snip]See the dozens of unique artificial fish habitat models, fish attractors and fish cover used at fishiding.com, the industry leader and only science based, man made and artificial fish habitat, proven to provide all fish with cover they prefer to prosper.

[A]s the BC Court of Appeal notes, the RAR does not actually prevent development within a SPEA. Instead, the RAR leaves it to a professional hired by a developer to determine whether development within the SPEA will harm fish habitat (with little real guidance from government as to how this is to be determined).

Fish habitat for commercial fisherman?

Integrating habitat models into commercial fishing practice

Sponsor: National Oceanic and Atmospheric Administration
Dates: 9/15/2010 – 8/31/2012

Project DescriptionFigures

Objectives

We propose to form a small, interdisciplinary workgroup of habitat scientists, oceanographers, fishery managers, social scientists, and commercial fishermen to develop ecologically informed models for the specific purpose of reducing butterfish (Prepilus triacanthus) by-catch in the Loligo squid (Loligo pealeii) fishery in the Mid-Atlantic Bight (MAB). Using Integrated Ocean Observing System (IOOS) informed habitat models developed with Fisheries and the Environment (FATE) funding merged with behavioral models of squid fishermen, the goals of this proposed research are to:

  1. Refine existing habitat models for longfin inshore squid and butterfish which integrates IOOS defined ecologically-explicit data with fisher’s local ecological knowledge (LEK).
  2. Combine physical, biological and social models of commercial fishing behaviors to determine fishing practices which reduce butterfish bycatch.
  3. Evaluate and calibrate co-occurrence habitat models with industry representatives and management institutions to determine feasibility of using habitat models as a bycatch reduction measure.

Introduction

The mechanistic underpinnings of fish population dynamics are the variations in growth, survival, dispersal and reproductive rates. These are largely regulated by environmental characteristics that define marine habitats. The role of habitat variation in regulating fish population dynamics and fishery production was explicitly recognized by the US congress in the 1996 Amendment to the Magnuson-Stevens Fishery Conservation and Management Act which states “One of the greatest long-term threats to the viability of commercial and recreational fisheries is the continuing loss of marine, estuarine, and other aquatic habitats. Habitat considerations should receive increased attention for the conservation and management of fishery resources of the United States”. However, after more than a decade, fishery scientists and managers are still struggling to define ‘Essential Fish Habitat’ (EFH) much less understand the role of habitat in ecosystem assessment or mechanically informing bycatch reduction. Working in collaboration with MAB fishery stakeholder groups, we propose to refine temporally and spatially explicit co-occurrence habitat models and evaluate experimental approaches to reducing butterfish bycatch in the Loligo squid fishery. See the dozens of unique artificial fish habitat models, fish attractors and fish cover used at fishiding.com, the industry leader and only science based, man made and artificial fish habitat, proven to provide all fish with cover they prefer to prosper.

Juvenile Fish Habitat

A primary goal of the Program is to increase fish habitat quality and quantity to support increased salmonid populations. Changes in rearing habitat availability for salmonids were assessed over the 40 miles of the Trinity River and pre- and post-construction at channel rehabilitation sites.

Site Evaluation

Habitat assessments are conducted at bank rehabilitation sites and at randomized river segments (GRTS design) by mapping the boundaries of the habitat using the numeric criteria for water depth, velocity and presence of cover or substrate. Most sites measured thus far have increased juvenile fish habitat post-construction (report pending).

As reported in the TRRP 2009 Annual Report, the Sven Olbertson site was intended to provide 114,000 square feet of complex side channel habitat: the mapped habitat indicated 67,000 square feet of habitat for fry and 82,000 square feet for pre-smolts. Hoadley Gulch site was intended to provide 26,400 square feet of complex salmonid side channel rearing habitat during winter low flow releases. Post-construction, 9,200 square feet of habitat for fry and 12,800 square feet habitat for pre-smolts was measured. Lewiston Cableway site monitoring showed that fry habitat increased by 57 % and pre-smolt habitat increased by 36 % after construction.

In order to validate fish use of the mapped rearing habitat, snorkeling has been used to count fish inside and outside of the mapped habitat areas. Chinook juvenile counts inside designated rearing habitats averaged at least 30 fish per site, whereas counts outside of rearing habitat designations averaged less than five fish per site.

See the dozens of unique artificial fish habitat models, fish attractors and fish cover used at fishiding.com, the industry leader and only science based, man made and artificial fish habitat, proven to provide all fish with cover they prefer to prosper.

Reach Evaluation

Flow and channel rehabilitation actions are anticipated to create changes in habitat availability through the entire 40-mile river reach. Rearing habitat availability was mapped at 32 randomly selected sites. Total area of rearing habitat within the restoration reach is 343,000 square meters (about 3.66 million square feet) for fry, and 436,400 square meters (about 4.7 million square feet) for pre-smolt (figure). The data indicate the greatest amount of rearing habitat occurs near Lewiston Dam and declines longitudinally downstream.

Juvenile HabitatPre-smolt rearing habitat declines with distance down river. (reported in the TRRP 2009 Annual Report)

Suggested further reading:

Goodman, D H; Martin, A; Alvarez, J; Davis, A; and Polos, J (2010) Assessing Trinity River salmonid habitat at channel rehabilitation sites, 2007-2008.

Alvarez, J; Goodman, D; and Martin, A (2010) Assessment of changes in anadromous salmonid habitat at selected channel rehabilitation sites on the Trinity River, CA. Oral presentation provided at the 2010 Trinity River Science Symposium.

Saraeva, E and Hardy T B (2009) Upper Trinity River Basin Habitat Assessment. Report to the U.S. Bureau of Reclamation, Trinity River Restoration Program.

Goodman, D H; Martin, A C; Petros, P P; and Klochak J (2009) Judgement based habitat mapping on the Trinity River, 2006.

Chamberlain, C D; Martin, A C; Petros, P P (2007) Trinity River biological monitoring of channel rehabilitation sites: a pre-construction baseline habitat evaluation.

Hampton, M (1988) Development of habitat preference criteria for anadromous salmonids of the Trinity River.

Oil spill threatens sensitive fish habitat

Outdoor Notes : Oil spill threatens sensitive fish habitat

Sunday, July 10, 2011 (Tom Meade). The ExxonMobil oil spill on the Yellowstone River in Montana won’t affect popular trout-fishing stretches in Yellowstone National Park and other areas upstream of Billings, but the spill may harm a sensitive transitional area of the river, according to Trout Unlimited. The conservation organization issued a statement on the accident’s impact on Thursday.

“This accident demonstrates the very real need for diligence when it comes to how we develop and transport oil and gas in the West,” said Kendall Van Dyk, Montana energy field coordinator for TU, and a Montana state senator. “We believe that energy companies should drill for and transport domestic fossil fuels in the West, but we can’t let our guard down. Incidents like this one, where oil was spilled into one of the nation’s most treasured rivers, are simply not acceptable.”

The accident dumped the equivalent of 1,000 barrels of oil into the river, an annual destination for many New England fly fishermen.

The incident, says TU’s official statement, “highlights a need to revamp pipeline crossings in Montana to ensure such a disaster never happens again. While the Yellowstone’s fabled trout water runs farther upstream of the spill site, the affected area is an important transitional habitat between a coldwater trout fishery and a vibrant warm-water fishery. Native fish such as goldeye, sauger and channel catfish call this reach of Yellowstone River home, as do non-native but highly prized fish, including smallmouth bass and walleye. So far, there’s no information available on the impact of the oil spill on these fish or the economically significant recreational fishery in the area.”

Farther downstream in the Yellowstone lives one of the country’s rarest native fish, the pallid sturgeon. Because of high water, there’s no telling how the spill will affect this endangered prehistoric fish.

“We can only wait and see,” said Bruce Farling, executive director of Montana Trout Unlimited. “We know that we’re seeing oil as far as 40 miles downstream in flooded wheat fields near Pompey’s Pillar, an important landmark of the Lewis and Clark Expedition. That’s approaching the stretch of the river home to sturgeon.”

More information is available in TU’s official statement on the matter at tu.org or montanatu.org. For updates, follow TU on Twitter, @TroutUnlimited or @MontanaTu, and on Facebook at facebook.com/troutunlimited or facebook.com/MontanaTroutUnlimited.

Laptew photos in Wakefield See the dozens of unique artificial fish habitat models, fish attractors and fish cover used at fishiding.com, the industry leader and only science based, man made and artificial fish habitat, proven to provide all fish with cover they prefer to prosper.

Throughout the summer Orbie’s Café in Wakefield is exhibiting works by underwater photographer and videographer Mike Laptew, “The Diving Fisherman.” His book, “A Fish-Eye View of Narragansett Bay and Beyond” includes framed photographs highlighting the flora and fauna of Narragansett Bay, New England and Costa Rica.

There are images of striped bass, fluke, tautog, bluefish, little tunny, dolphin, marlin and turtles, as well as dramatic seascapes and landscapes.

Tinboats fish with fishiding

Take a look at this article written by the leader in Tinboat buildouts and information about the benefits of using artificial fish habitat:

See the dozens of unique artificial fish habitat models, fish attractors and fish cover used at fishiding.com, the industry leader and only science based, man made and artificial fish habitat, proven to provide all fish with cover they prefer to prosper.

http://www.tinboats.net/

Wonder Lake dredging still at least a year away

This is my home lake where the Fishiding idea came to reality. Our sportsman’s club is a large part of this long awaited cleanup of our “Gem”

By JOSEPH BUSTOS – jbustos@nwherald.com

WONDER LAKE – It might be another year before any sediment comes out of Wonder Lake, as the $5.9 million lake dredging project remains in the permitting and design stage.

Permits from the Army Corps of Engineers, the Illinois Environmental Protection Agency, and the Illinois Department of Natural Resources still need to be approved.

Lake manager Randy Stowe said the best-case scenario for dredging to begin is next summer, depending on the permitting process.

However, the Master Property Owners Association is looking to make a change to the project – the location of a sediment drying facility.

The MPOA is proposing an area to the west of the lake to be an area for sediment to dry. The property is 120 acres on the east side of Greenwood Road, south of Galt Airport, which is planned to eventually become Phase 2 of the Meadows of West Bay subdivision.

The area has yet to be developed because of the down economy.

The Village Board would need to approve an easement for a pipe to move water and sediment to the Meadows of West Bay area.

The MPOA is considering leaving a permanent facility to help with any future dredging.

Previously, the MPOA wanted to use 80 acres southeast of the lake, on the east side of East Wonder Lake Road, north of Route 120, as the sediment drying area. However, T.P. Mathews, who is owner of the land between the lake and the 80-acre parcel, has filed for bankruptcy. The MPOA planned to move sediment through Mathews’ land.

“We’re probably a year behind because of the issues that arose with the southeast side,” Stowe said. “Landowner issues … stalled the permitting process because we couldn’t complete the designs.”

“We have to keep things moving forward,” Stowe added.

If the new sediment site is approved, Stowe estimates that the dredging project could last three to four years rather than the original 10-year estimate.

Even though dredging isn’t expected to take place this year, residents will see some work on the lake in the fall.

Restoration work will take place on three islands. Those projects would be paid for with the help of state grants.

“These islands are literally washing away,” Stowe said.

Also, seven residents received shoreline restoration grants from the state.

Last summer, the MPOA surveyed the lake and determined how much sediment would need to be removed from the lake to help it become navigable again.

Originally the MPOA estimated that it would need to remove 1 million cubic yards of sediment, but now that estimate is 500,000 to 600,000 cubic yards, Stowe said.

He said the cost of the project has not decreased because construction costs continue to rise.

“Every delay we have, the cost goes up. But this will give us much more assurance we could get everything done,” Stowe said. “Once we get the critical area, there could be additional areas we could do additional enhancements to.”

The village took out $5.9 million in bonds last year to pay for the project. Part of the bond money is federal stimulus money.

See the dozens of unique artificial fish habitat models, fish attractors and fish cover used at fishiding.com, the industry leader and only science based, man made and artificial fish habitat, proven to provide all fish with cover they prefer to prosper.

Take me fishing!!

WATERWAY & HABITAT PRESERVATION

Fish depend on clean water. There are examples throughout the country of fisheries that have been lost because of changes in water quality, and several more that have been restored as a result of focused effort, strong laws, and community concern. From stream, beach, and lake clean-up campaigns, to the long list of angler-supported organizations engaged in waterway and habitat preservation, America’s anglers have been indispensable in recovering and preserving watersheds, bays, oceans, and other water resources.

Tremendous demands have been put on our nation’s water resources. In some areas of the country, there is not enough water to go around as communities balance the stark reality of water use versus conservation. Population, pollution, development, and natural disasters all play a role in the quality of America’s water resources. As such, the impact and inter-relationship between communities and water quality is undeniable.

Nationwide, efforts are underway to improve fish habitat using a variety of approaches. From managing storm water run-off and riparian restoration to stopping the spread of aquatic invasive species and pollution, strong state and federal laws and community involvement have proved effective in improving water quality.

A work-in-process that has no end, without the interest and involvement of anglers and the public, the challenges associated with water would be much greater. Still, these challenges persist and demand attention.

There are thousands of worthy local and national organizations dedicated to the preservation of America’s water resources. Check with your State Fish and Wildlife Agency for suitable local options. Here are a few national organizations you may want to consider supporting.

U.S. Fish and Wildlife Service Announces Multi-state, Multi-species Draft Environmental Impact Statement

 


The U.S. Fish and Wildlife Service announces the availability of a draft Environmental Impact Statement evaluating a proposed multi-species, multi-state draft Habitat Conservation Plan and application for an incidental take permit under the Endangered Species Act. The HCP was developed by NiSource Inc., primarily a natural gas transmission, distribution and storage company, as it seeks an incidental take permit for operating and maintaining its network of pipelines in 14 northeastern, Midwest and southeastern states.

The Endangered Species Act requires an approved Habitat Conservation Plan before an incidental take permit is granted. HCPs are agreements between a landowner and the Service, allowing landowners to undertake otherwise lawful activities on their property that may result in the incidental death, injury or harassment of a listed species; the landowner agrees to conservation measures designed to minimize and mitigate the impact of those actions.

In its draft EIS, the Service evaluated the possible environmental impacts of implementing NiSource’s Habitat Conservation Plan and the potential effects of granting an incidental take permit under the Endangered Species Act. Among the alternatives evaluated by the Service are issuing a permit for 50 years, as requested by NiSource; a “no-action” alternative, under which NiSource would continue to work with the Service on a case-by-case basis for all its activities; and issuing a permit for 10 years.

NiSource’s draft HCP covers the company’s activities that may result in take of endangered or threatened species along its pipeline network. The plan addresses conservation needs for 10 federally endangered, threatened or proposed species for which take might occur, along with measures to avoid take of an additional 33 federally endangered, threatened or candidate species. NiSource’s draft HCP includes measures to avoid or reduce impacts on those species resulting from business activities, as well as mitigation practices such as protecting existing habitat, creating new habitat for protected species, and identifying research to better understand endangered species.

The Service is accepting comments on the draft EIS through October 11, 2011. Send written comments via U.S. mail to the Regional Director, Midwest Region, Attn: Lisa Mandell, U.S. Fish and Wildlife Service, Ecological Services, 5600 American Blvd. West, Suite 990, Bloomington, MN 55437-1458, or by electronic mail to permitsR3ES@fws.gov 

Public meetings will be held in Columbus, Ohio, Lexington, Kentucky, and Charleston, West Virginia during the summer 2011:

August 16, 2011, 7:00 p.m., University Plaza Hotel and Conference Center, 3110 Olentangy River Road, Columbus, OH 43202.

August 17, 2011, 7:00 p.m., Ramada Conference Center, 2143 N. Broadway, Lexington, KY 40505

August 18, 2011
, 7:00 pm, Charleston Ramada Plaza, 400 2nd Ave., S. Charleston, WV 25303.

More information about the EIS and HCP, along with locations, dates, and times of specific public meetings can be found at: http://www.fws.gov/midwest/Endangered/permits/hcp/nisource/

The mission of the U.S. Fish and Wildlife Service is working with others to conserve, protect, and enhance fish, wildlife, plants, and their habitats for the continuing benefit of the American people. We are both a leader and trusted partner in fish and wildlife conservation, known for our scientific excellence, stewardship of lands and natural resources, dedicated professionals, and commitment to public service.

See the dozens of unique artificial fish habitat models, fish attractors and fish cover used at fishiding.com, the industry leader and only science based, man made and artificial fish habitat, proven to provide all fish with cover they prefer to prosper.

For more information on our work and the people who make it happen, visit http://www.fws.gov Connect with our Facebook page at http://www.facebook.com/usfws follow our tweets at http://www.twitter.com/usfwshq  watch our YouTube Channel at http://www.youtube.com/usfws and download photos from our Flickr page athttp://www.flickr.com/photos/usfwshq

AFFTA Joins TU in Opposing Bill Removing Wilderness Protections

The American Fly Fishing Trade Association (AFFTA) today joined Trout Unlimited and a host of other sporting and conservation organizations in opposing the so-called Wilderness and Roadless Area Release Act, which would remove all protections from the last, best fishing and hunting destinations in the United States.

“This bill takes direct aim at America’s sporting heritage,” said Jim Klug, co-owner of Yellow Dog Flyfishing Adventures and the chairman of the AFFTA board of directors. “Under the guise of improving access to the backcountry for all Americans—something that we all support—Congress is instead allowing the best remaining wild and native fish habitat to be developed by industry and penetrated by new roads and motorized trails. We already have enough roads and trails, and the government can’t afford to maintain even a small percentage of them today. We don’t need more roads. We need to protect what’s left of our backcountry, protect habitat, and protect our existing access.”

The bill, dubbed the Attack on our Sporting Heritage Act (ASH) by Trout Unlimited, would impact about 43 million acres of roadless backcountry from coast to coast, all on public lands within the U.S Forest Service and Bureau of Land Management systems. Inventoried roadless lands provide the best remaining fish and game habitat in the United States, and they’re vital for the persistence of wild and native trout. In the Rocky Mountain West, roadless lands shelter the bulk of the country’s remaining cutthroat trout and bull trout populations. Additionally, the best remaining spawning and rearing habitat for ocean-going steelhead and salmon is in streams flowing through or from the roadless backcountry.

“We’re grateful that AFFTA understands the intrinsic connection between habitat and opportunity,” said Steve Moyer, TU’s vice president for government affairs. “The fly fishing industry understands the opportunity public lands provide to all anglers, and keeping the backcountry just like it is today ensures the recreational fishing industry a promising future. We hope Congress will get the message and do away with this terrible idea that would tarnish the public lands that belong to every single American by birthright.”

See the dozens of unique artificial fish habitat models, fish attractors and fish cover used at fishiding.com, the industry leader and only science based, man made and artificial fish habitat, proven to provide all fish with cover they prefer to prosper.

Roadless areas throughout the United States are accessible to all Americans—many are bounded by paved highways, and others, despite the misleading status, are accessible by dirt roads and trails. Hunting and fishing are allowed on roadless lands—in fact, the country’s best hunting harvest rates for trophy deer and elk occur in hunting units that are predominantly roadless.

“Congress needs to understand that the roadless backcountry that exists today is very limited,” Moyer said. “Keeping it like it is gives sportsmen and women the opportunity to share with their children the places that look today much like they did generations ago.

“Rather than try to pass a ‘one-size-fits-all’ bill to determine the future of our roadless backcountry, Congress should instead do what we do all the time, and work with people on the ground who have a vested interest in the future of public lands near the places they call home. Doing otherwise puts our sporting culture at risk, because once the backcountry is gone, it’s gone.”

Fish habitat projects planned at High Point, Lake Somerset

Ken CoughenourKen Coughenour of Somerset casts a white twister in hopes of hooking “a big bass” at Lake Somerset on Monday. (Staff photo by Roger Vogel)

12:36 a.m. EDT, July 19, 2011

The Somerset County Sportsmen’s League in cooperation with the Pennsylvania Fish and Boat Commission’s Lake Habitat Management section will be conducting fish habitat projects at High Point Lake and Lake Somerset in August. Work will be conducted at High Point Lake on Aug. 6 and at Lake Somerset on Aug. 20.High Point Lake project volunteers are asked to meet at the north access area and boat launch at 9 a.m. on Aug. 6. This year the plan is to construct 10 porcupine cribs for deep water structure. Porcupine cribs are popular devices that are beneficial in providing cover for both game and baitfish in a lake. The PFBC and the Somerset County Sportsmen’s League will be providing all the necessary materials and tools for the project. Volunteers are needed to help with the construction of the cribs. After they are constructed on shore they will be loaded on a special boat by PFBC personnel and placed at various locations in the lake. This will be the second year for habitat work at High Point which is a popular lake in southern Somerset County. It is a 347-acre impoundment managed by the PFBC for public fishing and boating. Popular species in the lake are largemouth bass, smallmouth bass, northern pike, pickerel, walleye, yellow perch, crappies and bluegills.See the dozens of unique artificial fish habitat models, fish attractors and fish cover used at fishiding.com, the industry leader and only science based, man made and artificial fish habitat, proven to provide all fish with cover they prefer to prosper.

Last year’s work at High Point Lake proved popular with area fishermen and sportsmen. There were requests for an additional project at Lake Somerset. This spring the Somerset County Sportsmen’s League also entered into an agreement with the PFBC to begin a similar project at Lake Somerset. Representatives from the PFBC Lake Habitat Section and sportsmen’s league created a plan for Lake Somerset this past April.

On Aug. 20 volunteers are asked to meet at 9 a.m. at the rear of the PFBC Southwest Regional Office at Lake Somerset. The plan that day is to construct 20 porcupine crib juniors for fish habitat. They will also be built on shore and then placed at suitable locations in the lake by special boat.

Lake Somerset is a 248-acre impoundment managed by the PFBC. It is also a highly popular fishing spot. Among the most popular species in the lake are largemouth bass, walleye, northern pike, muskellunge, channel catfish, crappies and bluegills.

Volunteers who wish to help with either project may notify Don Anderson, contact person for the sportsmen’s league, at 814-634-0998.

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