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The Rural Voice, 1995-07, Page 23maintenance issue, he says. "We didn't look at it close enough nor did anyone talk to us hard enough to know it was a destruction issue." Still, he says, his staff couldn't turn a blind eye once it found out what was involved. Under the law, the Fisheries Act, being federal legislation, supersedes the Drainage Act, (provincial legislation) and even if the machinery is already working on the site, work can be stopped. The Wingham office reviews about 300 applications for drains or drain renovations each year and only one or two ever become a problem. But across the entire province drains are a regular source of tension and dispute says Ken Kelly of Paisley, who as second vice-president of the Ontario Federation of Agriculture was personally involved in five or six cases in the last year or so. Many farmers can't understand how the Fisheries Act should have jurisdiction over a man-made drainage ditch some of which have been in use for a century, Kelly says Yet just about every drain that connects eventually to a river comes under Fisheries Act jurisdiction and MNR is, Bennett says, the "eyes and ears" of the federal Department of Fisheries and Oceans (DFO). Bennett points out that despite the fact farmers may think these ditches are man-made, most were dug out natural water channels that existed when western Ontario was still dense bushland. When the land was cleared and farmers began to intensify operations by draining land, they deepened these channels to help the water get off the land more quickly. Through drainage, he says, Ontario lost 90 per cent of the wetlands that once purified water and provided fish habitat. Pointing to a map of the region Bennett says there is a huge amount of water in the drains and these are an important part of the watercourse. McBride admits that after looking at the Warwick drain more closely, he did see a couple of minnows in the 40 metres. Kelly says that farmers find it hard to understand that not only do a few minnows constitute fish habitat, but the definition under the Fisheries Act includes much more. For instance, the definition of MNR's Ron Bennett shows a map detailing the wetlands of his region. There doesn't have to be a conflict between good drains and good fish habitat, he says. fish: "includes parts of fish, shellfish, crustaceans, marine animals, any parts of shellfish, crustaceans or marine mammals, and the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine animals". Fish habitat includes not just places where fish live but: "spawning grounds and nursery, rearing, food supply and migration areas on which fish depend directly or indirectly for their life processes". It means that a riverlet that might dry up in the height of summer might still be an important place for the fish population as a spawning ground, Bennett says. Pike and bass spend only a few days in their spawning area but "for that period the stream is very critical to that species". Fish habitat also includes vegetation that may promote production of foodstocks for fish (smallmouth bass feed on crayfish), even cover that protects fish from predators. Bennett says that good drains and good fish habitat don't have to be mutually exclusive. MNR works with farmers, engineers and municipalities to design drains that may actually improve performance and habitat. For instance, he says, a stream that has had cattle in it over the years may have broken down banks and be very wide and very shallow. From the point of view of fish habitat, the slow moving water is not good. The sun has more opportunity to heat up the water and high water temperatures mean less oxygen and is detrimental particularly to game fish. If the stream is made narrower and deeper it can take the same amount of water but move it faster. Faster moving water means sediment doesn't drop out. This is good for the drain because less sediment means it doesn't have to be cleaned out often. 'It's good for the fish because the rushing water exposes the gravel in the riverbed, rather than covering it with more sediment, creating excellent spawning grounds. McBride agrees that a new sense of awareness has been planted, not just with landowners but engineers. "Until 10 years ago we as drainage engineers probably ignored fish habitat in drains." In general, Bennett says, after farmers are made aware of the importance of fish habitat, they're willing, even eager, to look at ways to make drains more hospitable to fish. And as they talk to people they begin to take simple steps like fencing livestock out of the water. When they learn the effect one cattle beast that urinates in the water can have for hundreds of thousands of gallons of water they usually begin to understand and take action. Bennett gets angry, however, with those farmers who just don't have any use for the Fisheries Act and will do anything to circumvent it, even expecting MNR officials to turn a blind eye on the proceedings. Any development that is detrimental to habitat, and that •includes farming, is prohibited under the Fisheries Act. Destruction of fish habitat can only be authorized by the Minister of Fisheries and Oceans Brian Tobin. Still, where a drain is being changed and habitat is being endangered, compromises have been negotiated. With MNR as go- between, the Minister has agreed that a drain can be cleaned out if new or improved fish habitat is created, sometimes not even in the same place. Generally, Kelly says, the Ministry's rule of thumb is that two JULY 1995 19