he forest industry in early Ontario involved using waterways to transport sawn logs. Sunken logs have accumulated in the waterways for over two centuries. Although these logs are not naturally occurring, they have become an important part of the aquatic ecosystem. Recently there has been an increased interest in Ontario to salvage some of these logs. Retrieval operations are carried out for many reasons including commercial lumber and navigational concerns.

All proposed sunken log retrievals must be submitted to the appropriate government agencies for review and approval prior to starting work as the work might result in the harmful alteration, disruption or destruction of fish habitat. This fact sheet provides information about which agency you should contact for government agency approvals.

Be aware of the Fisheries Act and other legislation

The federal Fisheries Act provides for the protection of fish habitat. Under this Act, no one may carry out any work or undertaking that results in the harmful alteration, disruption or destruction of fish habitat (HADD), unless authorized by the Minister of Fisheries and Oceans Canada. The Act also states that no one is permitted to deposit a deleterious (harmful) substance into water containing fish. Violations to the Fisheries Act can result in substantial fines, and/or the risk of imprisonment. If found guilty, then the violator may also be required to cover the costs of restoring the habitat at the site and/or be required to fulfill other court ordered remedies. Other legislation that may be relevant to building a dock, boathouse or boat launch is outlined in the introductory Fact Sheet: What you should know about Fish Habitat.

Contacts and approvals

If you are planning to retrieve sunken cut logs, refer to the table on the next page to determine your first point of contact. All land below the average annual high-water mark is under the jurisdiction of either the federal or provincial crown unless it is privately owned. Ownership of submerged land and logs determines which legislation applies and the type of permits or approvals that are required.

The lead review agency and their areas of responsibility, listed in the table on the next page, will assist you in determining what other agencies need to be contacted for permits and approvals.

Information you will need to submit

When seeking approvals or permits you will need to submit the following information:

If any of the information is not available, you may be required to provide an independent and qualified assessment at your own expense. The information required will depend on the size of the proposed log retrieval operation and other site-specific concerns.

Contact Fisheries and Oceans Canada to determine the areas where side scan sonar will be required.

Monitoring of environmental conditions before, during, and after retrieval operations may also be required.

Best practices

Typically, logs submerged in water less than 5 metres deep provide valuable fish habitat and may also contribute to shoreline stability. Disturbance to these nearshore zones will generally not be permitted.

Log retrieval activities are also subject to timing constraints to protect fish during spawning or nursery periods as it could disturb spawning behaviour. Removal could also result in sediment covering and smothering eggs and killing young fish. If you are planning any in-water work, contact your local provincial agency office for information on timing restrictions.

Your log retrieval may not be approved, or may require redesign or mitigation where it:

• disturbs contaminated sediments
• conflicts with recreational activities
• creates a navigational hazard
• causes the deposit of sediments near water-intake systems or on fish habitat.

Working together to protect fish habitat

Help maintain the quality and quantity of fish habitat in our lakes and streams. For more advice on sunken log retrieval, contact your local agency staff directly.

Contact information - Ontario

Other Working Around Water Fact Sheets:

What you should know about Fish Habitat
C-1 Fish Habitat & Docks, Boathouses and Boat Launches
C-2 Fish Habitat & Building a Beach
C-3 Fish Habitat & Building Materials
C-4 Fish Habitat & Shoreline Stabilization
C-5 Fish Habitat & Constructing Ponds
I-1 Fish Habitat & Dredging
I-2 Fish Habitat & Controlling Aquatic Plants
I-3 Fish Habitat & Sunken Log Retrieval
I-4 Fish Habitat & Stream Cleanup
L-1 Obtaining a Fisheries Act Authorization
L-2 Municipal Drains in the Southern Ontario Region
T-1 Fish Habitat and the Effects of Silt and Sediment
T-2 Fish Habitat & Fluctuating Water Levels on the Great Lakes

www.dfo-mpo.gc.ca/canwaters-eauxcan

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