The West Nipissing Company Inc. and two contractors have been fined a total of $65,000 and must pay $175,000 to a conservation group for damaging fish species habitat on the Sturgeon River. The company purchased property on Quesnel Road in West Nipissing in summer 2022 and hired Timothy Zaba that fall to oversee some work being done at the property. In turn, Zaba hired Deep Construction to help with work planned along the shoreline of the river. “The Cache Bay Wetland Conservation Reserve is a 3,926 hectares parcel of Crown land located on the north shore of Lake Nipissing and along the Sturgeon River,” said a news release this week from the Ministry of Environment, Conservation and Parks. “The boundaries of the conservation reserve extend up to the water’s edge of the site.” The Provincial Parks and Conservation Reserves Act prohibits anyone from occupying any part of the reserve or doing any construction there without first getting permission. Endangered species The goal is to protect Lake Sturgeon breeding grounds -- Lake Sturgeon are on the endangered species list. “A population of Lake Sturgeon residing within Lake Nipissing migrate annually up the Sturgeon River in the late spring to spawn,” the ministry said. “Once hatched, juvenile sturgeon will drift downstream and rely on the shallower portions of the river to feed on aquatic invertebrates as well as hide from predators. The shallow waters and shores of the Sturgeon River along the site contain critical habitat for Lake Sturgeon.” In March 2023, Zaba and Deep Construction began extending the shoreline, dumping loads of rock and soil into the water. By the time ministry staff visited the site, the shoreline had been extended by 300 feet into the Sturgeon River, a boat launch had been built out of rock and several floating docks had been installed along the shore. “The removal of vegetation and placement of rocks within the shores of the Sturgeon River damaged and destroyed critical habitat that Lake Sturgeon rely upon for spawning, rearing, and feeding,” the province said. The companies failed to “exercise due diligence” before beginning the work and failed to obtain any approvals before proceeding. Damaged or destroyed fish habitat Convictions included damaging or destroying the fish habitat of an endangered species, unlawfully occupying land in a conservation area and placing rocks in a conservation area. West Nipissing Company was fined $1 for violating the Endangered Species Act, but has been ordered to pay $50,000 to the Anishinabek/Ontario Fisheries Resource Centre to support the protection or recovery of Lake Sturgeon. The company was fined $20,000, plus a victim surcharge fine of $5,000, under the Provincial Parks and Conservation Reserves Act. The company was also ordered to remove the boat launch and floating docks. Deep construction was also fined $1 for violating the Endangered Species Act, along with a $100,000 it must pay to the Anishinabek/Ontario Fisheries Resource Centre. It was also fined $20,000, plus a victim surcharge fine of $5,000, under the Provincial Parks and Conservation Reserves Act. Finally, Timothy Zaba was fined $25,000 under the Endangered Species Act, plus a victim surcharge fine of $6,250. He will also pay the Anishinabek/Ontario Fisheries Resource Centre $25,000. Read the full release here.
