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Thread: legalities of dealing with a beaver dam

  1. #1
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    legalities of dealing with a beaver dam

    Friends of mine have a beaver dam issue on their property. What are the legalities of breaking it down or is there any laws for this issue and if so what would the charges be and punishment

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    Thanks for the responses however this question is for the save officer

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    Quote Originally Posted by British Bulldog View Post
    Thanks for the responses however this question is for the save officer
    Figured the link might provide some answers....
    1998 Chevy K-1500

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    Thank you to those that had responded. I appreciate it. Sometimes with these things, it is not as cut and dry as what you read on the interweb. There are sometimes unseen "politics" involved especially when it comes to enforcement of these types of things.

    The link that was provided http://www.dfo-mpo.gc.ca/regions/cen...s-eo03-eng.htm is a good read. Although the Federal Fisheries is in charge of anything to do with fish habitat, the MNR as well as the OPP are also enforcement Officers for the Fisheries Act.




    Enforcement can be from both the Fisheries Act:

    Alteration, disruption or destruction of fish habitat

    35. (1) No person shall carry on any work, undertaking or activity that results in the harmful alteration or disruption, or the destruction, of fish habitat.


    Marginal note:Exception

    (2) A person may carry on a work, undertaking or activity without contravening subsection (1) if

    (a) the work, undertaking or activity is a prescribed work, undertaking or activity, or is carried on in or around prescribed Canadian fisheries waters, and the work, undertaking or activity is carried on in accordance with the prescribed conditions;


    (b) the carrying on of the work, undertaking or activity is authorized by the Minister and the work, undertaking or activity is carried on in accordance with the conditions established by the Minister;


    (c) the carrying on of the work, undertaking or activity is authorized by a prescribed person or entity and the work, undertaking or activity is carried on in accordance with the prescribed conditions;


    (d) the harmful alteration or disruption, or the destruction, of fish habitat is produced as a result of doing anything that is authorized, otherwise permitted or required under this Act; or


    (e) the work, undertaking or activity is carried on in accordance with the regulations.





    Or it can be under the Fish and Wildlife Conservation Act:

    Dens, beaver dams, etc.

    Dens: black bears

    8. (1) A person shall not interfere with a black bear in its den or intentionally damage or destroy a black bearís den.

    Dens: furbearing mammals

    (2) A person shall not intentionally damage or destroy the den or habitual dwelling of a furbearing mammal, other than a fox or skunk, unless the person holds a licence to trap furbearing mammals.

    Beaver dams

    (3) A person shall not damage or destroy a beaver dam unless the person holds a licence to trap furbearing mammals.

    Protection of property

    (4) Subsection (3) does not apply to a person, or the agent of a person, who damages or destroys a beaver dam to protect the personís property.

    Ministerís authorization

    (5) The Minister may authorize a person to do anything that would otherwise be prohibited by this section. 1997, c. 41, s. 8.




    To briefly summarize the above, and from speaking with my contact who is a senior MNR Conservation Officer, it MAY be permissible to dismantle a beaver dam on your OWN property, as long as you meet the criteria, and contact the Federal Fisheries office at least 10 days prior to any work being conducted. If it is on Crown Land, you MAY NOT dismantle a beaver dam. There are provisions for work being conducted on Crown Land (ie logging etc) where special permission can be obtained, but in general it is NOT permissible.

    Just to give you an idea of the seriousness of these offences, the fines can range from $25,000 up to $100,000

    I hope this answers the original question, and again I apologize to those who posted, it's nothing personal!

    Cheers
    Opinions expressed are those of the author, accuracy of information posted cannot be guaranteed. These opinions in no way represent the OPP, any other Police Department or Police Officer.

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    DAMN! ( no pun intended ) I had no idea of the fines associated with this.

    Interesting question for sure and a great read! Thanks for the information!
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    Bear in mind, the penalties I listed above are maximums, but it's just to give you an idea....

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    I see what you guys did there Dam-Bear good ones
    I have Anal Glaucoma- I can't see my ass coming into work today.

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