News Release - January 22, 2004

NR-C&A-02-04-E

LANDOWNER CHARGED AFTER SASKATCHEWAN ENVIRONMENT AND FISHERIES AND OCEANS CANADA CONDUCT JOINT INVESTIGATION

Regina, Saskatchewan - Robert Montgomery of Saskatchewan Beach, Saskatchewan was fined $11 000 after he pled guilty in Saskatchewan Provincial Court on December 8, 2003 to violations under the federal Fisheries Act and the provincial Environmental Management and Protection Act.

Under the Fisheries Act, Mr. Montgomery pled guilty to one count of violating Section 35(1) for the "harmful alteration, disruption or destruction of fish habitat" and one count of violating Section 40(3)(f) complying with an Inspector's direction. Mr. Montgomery also pled guilty to one count of violating Section 18(1) under the provincial Environmental Management and Protection Act for unauthorized alteration of the "bed, bank or boundary".

The offences occurred on his property along the shore of Last Mountain Lake. A joint investigation between Fisheries and Oceans Canada (DFO) and Saskatchewan Environment (SE) led to the charges.

Mr. Montgomery's project involved the placement of 28 large concrete blocks, weighing nearly 2000 lbs each, on the ice over Last Mountain Lake during the 2001-02 winter season. The blocks later came to rest on the bottom of Last Mountain Lake. The area between the shoreline and concrete blocks was subsequently filled with rock and soil. No permit or authorization for placement of the blocks was ever requested or received. The nearshore area is generally the most productive area of a lake for habitat, and Last Mountain Lake is home to many fish species that spawn near the shore.

Sentencing took place on December 11, 2003. The Hon. Judge C.C. Toth imposed a total fine of $11,000 and indicated the need for a strong deterrent to prevent large-scale cumulative losses of fish habitat on the lake. The penalty imposed would ensure that both the accused, and others planning shoreline alteration activities in future, adhere to the regulations and legislation, and do not identify these fines as merely being a part of the renovation cost.

The fines from this case will be directed into the Environmental Damages Fund, administered by Environment Canada.

Prior to undertaking any work in or around water, Fisheries and Oceans Canada encourages the public to ensure they have all necessary permits and approvals from municipal, provincial, and federal agencies and authorities.

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For more information:

Theresa Nichols
DFO Communications
(403) 292-6599