Strategic Environmental Assessment

Impact Statement

Regulations Amending the Vessel Operation Restriction Regulations

The Regulations Amending the Vessel Operation Restriction Regulations (the Regulations) provide for the establishment of restrictions to navigation in Canadian waters. On June 28, 2008, a package of amendments to the Regulations were published in Part I of the Canada Gazette, containing proposed amendments to the Regulations which would restrict the navigation of vessels in the Columbia River and Wetlands between Fairmont Hot Springs and Donald Station (north-west of Golden), BC in order to protect environmental values:

• A year-prohibition on the operation of power-driven vessels in the wetlands of the Columbia River.
• A year-round prohibition on towing persons on water skis, surfboards or other similar equipment in the main channel of the Columbia River at any time.

These restrictions were published in Part II of the Canada Gazette on June 28, 2009 and are expected to come into force later in 2009.

A seasonal prohibition on the operation of power-driven vessels in the main channel of the Columbia River was part of the package when it was published in Part I of the Canada Gazette. However, this proposal generated a large volume of comment and consequently it was removed from the amendment package in order to ensure more complete consultations.

Transport Canada is currently considering a revised proposal for a year-round 15 kilowatt (20-horsepower) limit on power-driven vessels operating in the main channels of the Columbia River.

Over 91% of the Columbia River's length has been directly impacted by the construction and operation of hydro-electric and flood control dams and their reservoirs. The upper 180 km of the river system is the last significant remnant of previously extensive natural wetlands along the Canadian portion of the Columbia River and as such is of great ecological, symbolic and cultural importance. The Columbia Wetlands are by far the largest remaining wetland complex in the southern interior of British Columbia and adjacent regions of Alberta and the United States and is one of only three wetlands in British Columbia to be recognized as a Wetland of International Importance under the Ramsar Convention on Wetlands (1971), to which Canada is a signatory.

The Federal Policy on Wetlands Conservation, which is in part a response to Canada's signing of the Ramsar Convention, clearly commits federal departments to a precautionary approach when considering actions that could impact upon Canada's remaining wetlands. The stated objective of the Federal Policy on Wetlands Conservation is to “promote the conservation of Canada's wetlands, and to sustain their ecological and socio-economic functions, now and in the future”.

Though current usage of the wetlands by power-driven vessels is limited, the potential for significant harm is enough to justify the invocation of the Precautionary Principle. The proposed Regulations are consistent with the Government of Canada's commitment to protecting unique highly productive ecosystems and the integration of sustainable development in its plans, policies, and programs.

In accordance with the Cabinet Directive on Environmental Assessment of Policy, Plans and Proposals, the potential environmental effects of any regulatory project must be systematically evaluated. If a preliminary scan indicates that environmental impacts are likely, a Detailed Analysis must be conducted. With respect to the proposed regulatory initiative for the Columbia Wetlands, the Canadian Wildlife Service (CWS) conducted an exhaustive evaluation of the regulatory proposal, and concluded that the proposal is important to protect the environment in the Columbia Wetlands. The CWS evaluation satisfies the requirement for a Detailed Analysis.

The scientific literature is clear that the operation of motor vessels in wetlands can have profoundly negative effects on individual organisms, vulnerable species and ecological integrity and on the physical integrity of the natural levee system protecting the wetlands.

The new prohibition of power driven or electrically propelled vessel from the Columbia Wetlands will provide protection for plant communities, dramatically reduce harmful interference with the life processes of wildlife, and will specifically protect the nesting and rearing sites of up to 95% of the nesting waterfowl in the Columbia Wetlands complex. The prohibition will also reduce the likelihood of invasive species introduction.

The new prohibition on water-skiing and other water sports on the main channel of the river will ensure that high-speed interactions with wildlife are reduced to a minimum during the remainder of the year, and will further mitigate threats to the integrity of the levees.

The proposed 15 kilowatt (20 horsepower) limit for power-driven vessels will strike a balance between the legitimate needs of subsistence trappers, hunters and fishers and historical use and the need to protect the levees from mechanical failure during their most sensitive periods. The proposed power limit will also provide protection to fish spawning and rearing habitats in the main channels and to bird species that move into the main channels from the wetland areas during high water events.

It is expected that the cumulative effect of all three restrictions will be to contribute to the establishment of stable eco-tourism opportunities in the area, and thus be of financial and social benefit to local communities.

First nations, local governments, and recreational user groups have previously indicated support for this initiative. A number of residents of the area have indicated that an absolute prohibition on power-driven vessels in the spring and early summer unreasonably interferes with their access to the river. Typically these users operate low-powered motors up to and including 15 kilowatts (20 horsepower).

In conclusion, it is expected that the modified regulatory proposal will have significant positive environmental impacts, which will far outweigh the minimal impacts to the local and business community.