Toboggan Creek habitat damage leads to fines, restoration order

Photo of the damage presented as evidence in court (Photo Supplied: Fisheries and Oceans Canada)

A Smithers landowner was ordered to pay $155,000 to restore damaged fish habitat around Toboggan Creek.

Fisheries and Oceans Canada (DFO) said an unnamed contractor was fined $26,100 on Sept. 22 by Smithers Provincial Court for five offences under the Fisheries Act and the Water Sustainability Act.

A Bobcat excavator valued at about $50,000 was forfeited after being seized during the investigation.

The department said the landowners were ordered to restore the damaged fish habitat but were not charged because they cooperated throughout the investigation.

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The offences occurred between Oct. 3 and 13 during a peak period for salmon migration and spawning according to DFO.

“Under the Fisheries Act, anyone carrying out work in or near water must take measures to avoid causing the death of fish or the harmful alteration, disruption or destruction of fish habitat,” DFO said.

The department said the court found that digging up the creek bed, filling in the creek channel and removing vegetation along the banks damaged and destroyed fish habitat.

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Logan Flint
Logan Flint
Logan is the News Reporter and Afternoon News Anchor for The Moose in Smithers, covering stories from Burns Lake to Hazelton along Highway 16. Born and raised in Smithers, he's grown up around radio and has spent time as an on-air announcer for the station's afternoon and morning shows.

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