The Honourable Dianne Lebouthillier - RE: ALLEGED FISHERIES ACT OFFENCES OCCURRING AT KOOTENAY LAKE WEST ARM, BC

The West Arm is within the traditional territory of the Ktunaxa Nation and the homelands of yaqan nukiy The Ktunaxa Nation is comprised of the four Ktunaxa governments in Canada and two in the United States. [...] The fry reside on the shoreline for several weeks before moving to the open waters of the West Arm.4 The stream-spawner fry also spend at least a month in the littoral zone after emerging in the spring.5 Thus the health of vegetation in the littoral area of the West Arm is critically important for both shore and stream spawning kokanee. [...] HYDROELECTRIC OPERATIONS IN KOOTENAY LAKE HAVE CAUSED A DECLINE IN WEST ARM KOKANEE There is no question that the construction and ongoing operation of the dams run by BC Hydro and FortisBC in the Kootenay watershed have altered the lake levels and hydrology of the West Arm. [...] This causes winter and summer water levels to be opposite to the natural hydrology of the lake.19 In the West Arm specifically, this has had a substantial impact on the health of the littoral zone, an area that is critically important for rearing fish.20 As mentioned in the previous section, the changed hydrology, specifically the altered lake levels, of Kootenay Lake has impacted two populations. [...] FORTISBC AND BC HYDRO ARE JOINTLY RESPONSIBLE FOR THE HARM TO KOKANEE SALMON Pursuant to the 1972 Canal Plant Agreement (“CPA”), BC Hydro and FortisBC are contractually obligated to operate Duncan, Corra Linn and Kootenay Canal Dams in a coordinated fashion.26 The CPA specifies that the companies will operate these dams as “one owner.”27 In the language of the CPA, the companies “cooperate in the.