Pacific Region Operational Statement
Aquatic Vegetation Removal in Lakes

Version 3.0 (PDF)

This Operational Statement applies only to small-scale removal of aquatic vegetation in freshwater systems for purposes of recreation (e.g., swimming) and navigation. Removal methods include the use of hand tools or mechanical means, or hand pulling that does not result in a large release of sediments. Freshwater aquatic vegetation plays an important role as habitat for fish and other aquatic species. However, in some freshwater lakes, it can be dense enough to interfere with recreation and navigation. This occurs in water bodies with high nutrient levels that create favourable conditions for aquatic vegetation growth.

In many water bodies, even small amounts of vegetation removal can be harmful to fish and other aquatic life due to the limited extent of vegetation available to them as cover and feeding areas. Excessive disturbance of bottom sediments can result in harm to fish and siltation of important feeding and spawning areas. However, in some water bodies, limited removal of aquatic vegetation using proper techniques can be done while protecting fish and fish habitat.

Fisheries and Oceans Canada (DFO) is responsible for protecting fish and fish habitat across Canada. Under the Fisheries Act no one may carry out a work or undertaking that will cause the harmful alteration, disruption or destruction (HADD) of fish habitat unless it has been authorized by DFO. By following the conditions and measures set out below you will be in compliance with subsection 35(1) of the Fisheries Act.

The purpose of this Operational Statement is to describe the conditions under which it is applicable to your project and the measures to incorporate into your project in order to avoid negative impacts to fish habitat. You may proceed with your aquatic vegetation removal project without a DFO review when you meet the following conditions:

• your project is targeted at the removal of an invasive, non-native aquatic species (e.g. Eurasian water milfoil) below the high water mark (HWM),
• the removal activities do not involve dredging or mechanical disturbance of the bottom of the lake, or the use of bottom barriers (e.g. geotextile material), and
• you incorporate the Measures to Protect Fish and Fish Habitat during small-scale Aquatic Vegetation Removal listed below in this Operational Statement.

If you cannot meet all of the conditions listed above and cannot incorporate all of the measures listed below then your project may result in a violation of subsection 35(1) of the Fisheries Act and you could be subject to enforcement action. In this case, you should contact the DFO office in your area if you wish to obtain DFO’s opinion on the possible options you should consider to avoid contravention of the Fisheries Act.

You are required to comply with all municipal, provincial, territorial and/or federal legislation that applies to the work being carried out in relation to this Operational Statement. In British Columbia, please contact the Water Stewardship Division, Ministry of Environment for information for information on the Provincial Water Regulation requirements when planning to conduct aquatic vegetation removal in lakes in or around BC waters.

The activities undertaken in this Operational Statement must also comply with the Species at Risk Act. For general information on SARA species contact DFO by email.

If you have questions regarding this Operational Statement, please refer to the list of Frequently Asked Questions or contact DFO Regional Headquarters at 1-866-845-6776.

Please notify DFO 10 working days before starting your work by filling out and sending the Pacific Region Operational Statement notification form directly to DFO Regional Headquarters. This information is requested in order to evaluate the effectiveness of the work carried out in relation to this Operational Statement. It is recommended that you keep a copy of the Operational Statement at the work site to demonstrate to Habitat and Fishery Officer staff that the conditions and measures, as outlined in the OS, are being followed.

Area of Application

This Operational Statement applies to the province of British Columbia and Yukon Territory freshwater lakes only.

Measures to Protect Fish and Fish Habitat during small-scale Aquatic Vegetation Removal

1.  Time aquatic vegetation removal to prevent disruption to sensitive fish life stages by adhering to appropriate fisheries timing windows.

2.  The removal of aquatic vegetation for navigation and recreation purposes will not exceed a 4 metre wide band. This 4 metre wide band extends out perpendicular from the shoreline into the water body until you reach the navigable channel and includes any existing plant-free areas.

2.1. Removal techniques should avoid disturbing the bottom substrates of the lake. This means you should not create large clouds of suspended silt and muck when removing the aquatic vegetation.

2.2. Leave all rocks and woody material in the area that is being cleared of aquatic vegetation.

2.3. Avoid removal of upland vegetation above the HWM.

3.  Hand removal of aquatic vegetation by shearing or cutting is the most preferred method. If hand removal is not possible, use only floating machinery to prevent disturbance to the bottom substrates of the lake.

3.1. Machinery is to arrive on site in a clean condition and is to be maintained free of fluid leaks, invasive species and noxious weeds.

3.2. Wash, refuel and service machinery and store fuel and other materials for the machinery away from the water to prevent any deleterious substance from entering the water.

3.3. Keep an emergency spill kit on site in case of fluid leaks or spills from machinery.

3.4. Restore banks to original condition if any disturbance from machinery occurs

4.  Dispose of aquatic vegetation that is removed to prevent it from re-entering the water body. All storage of waste materials should be kept outside of the riparian area.