| Montreal, 11/08/2003 – The Commission for Environmental Cooperation (CEC) released today a factual record on allegations Canada did not effectively enforce sections 35(1) and 36(3) of the Fisheries Act in connection with two TimberWest logging operations on its private land in British Columbia. The CEC Council authorized the public release of this and two other factual records on 7 August 2003.
These two logging operations were cited as examples in a citizen submission that five environmental groups from Canada and the United States filed with the CEC in March 2000. They alleged Canada is failing to effectively enforce ss. 35(1) and 36(3) of the Fisheries Act in connection with logging operations on both public and private land throughout British Columbia.
Facts are presented regarding Canada's actions in connection with the two logging operations, both of which occurred in early 1999 in the Sooke watershed on southern Vancouver Island. The operations took place on sites termed the De Mamiel Creek cutblock and the Sooke River cutblock. The factual record for SEM-00-004 (BC Logging) reaches no conclusion on whether Canada is failing to effectively enforce ss. 35(1) and 36(3).
In both cases, Fisheries and Oceans Canada (DFO) was generally aware of TimberWest's timber harvesting plans in the Sooke watershed but did not review the plans for the two specific logging operations. In both cases, members of the public raised concerns about the logging with DFO, leading to Fisheries Act investigations.
DFO received public complaints about the De Mamiel Creek logging before and just after the logging, which took place between December 1998 and April 1999. According to DFO, an investigation of the logging began in April 1999. DFO conducted the first of several field inspections in connection with the investigation in July 2000. The investigation led to Fisheries Act charges against TimberWest. Although DFO concluded that the logging had harmed fish habitat, federal prosecutors dropped the charges because a DFO fishery officer had incorrectly advised a TimberWest consultant that a small stream running through the cutblock was not fish-bearing.
DFO responded immediately to public concerns regarding the Sooke River logging, which also occurred in early 1999, by undertaking an investigation from March to June 1999. The investigation included several site inspections. The investigation remained open but inactive from June 1999 to June 2000. In June 2000, DFO issued a warning to TimberWest. The warning indicated that while no violation of the Fisheries Act was observable at the time, TimberWest activities may eventually result in violations of Fisheries Act s. 35.
This is the sixth factual record prepared by the CEC Secretariat. Factual records provide information that may assist submitters, a NAFTA country, and other interested members of the public in taking any action they deem appropriate in regard to the matters addressed.
The CEC was established by the governments of Canada, Mexico and the United States to address regional environmental concerns, help prevent potential trade and environmental conflicts, and to promote the effective enforcement of environmental law.
For further information, including the Secretariat's determination on this submission, please consult: <http://www.cec.org/citizen/>. | 
