June 13, 2008

Destruction of Fish Habitat Results in $20,000 Penalty

 A Smithers, BC, cattle rancher, was ordered to pay a $3,000 fine and make a $17,000 contribution to the Environmental Damages Fund after being found guilty of violating subsections 35(1) and 38(6) of the Fisheries Act. 

On June 13, 2008, in the Provincial Court of British Columbia, Mr. John Boonstra was found guilty of harmful alteration, disruption or destruction of fish habitat, and two separate incidents of failing to comply with a condition of an Inspector’s Direction.  In addition, the court ordered Mr. Boonstra to undertake remediation works along Robin Creek, including replanting and monitoring survival rates of vegetation, and stream bank stabilization at the watering area. 

The investigation began in May 2004 following a citizen complaint.  Environment Canada had inspected the site in 2003 and issued an Inspector’s Direction to Mr. Boonstra.  The Direction required Mr. Boonstra to prepare a detailed plan aimed at preventing the deposit of the deleterious substance into Robin Creek and destruction of fish habitat.