4 - Wednesday, December 27, 1989 - North Shore’ News THE LEAKED memo from senior fisheries official Otto Langer is the single most scathing indictment of the policies of the federal Department of Fisheries and Oceans (DFO) that I have ever seen. Not that other people, like fish- ermen, loggers and conserva- tionists, haven't been saying much the same thing for years about the departinent’s failure to live up to its mandate to act as steward of Canada’s once-unpolluted waters. But Langer’s memo gives us the view from inside, which makes it a rare document indeed. Moreoever, itis written in an articulate, angry style, the likes of which you don’t find coming from the pen of a bu- reaucrat as a rule, Accordingly, I’m going to pass some more information along from my copy. After making a point about his department’s ‘‘inconsistent ap- plication of the habitat and pollu- tion provisions of the Fisheries Act,’’ Langer writes: “Due to authorizations and unworkable enforcement arrangements, near total immunity has been given to Yukon Placer miners to harmfully alter and pollute Yukon streams.” “The reasons for the above in- consistency are obvious but are not defendable. The large continuous discharge, such as the Quesnel pulp mill, can constantly produce a toxic effluent over a 10-year period and not be in fear of prosecution. This is because they have a B.C, WMB (Waste Management Branch) Permit, and DOE-EP (Environmental Protection) works through that agency. “In its 19 years of existence EP has never charged such a discharge even though such a mill is totally out of compliance with our Pulp and Paper Effluent Regulations. Enforcement of such violations is alien to EP and our staff stay a mile away from such issues because: “1) EP does not update DFO on the status of such mill’s com- pliance (i.e., DFO is kept in the dark); **2) the expertise and laboratory backup tc pursue such violations is often beyond DFO’s resources and competence; **3) The negoti- ate-and-compromise-at-all-costs philosophy of WMB and EP will most often compromise any possi- ble legal action by another party as a result of the due diligence and abuse of process defence.’’ He cites six ‘‘very significant vi- olations’’: “LL. Mile 44 Nursery — Deposit of woodwater with a B.C. MOE (Ministry of Environment) Ap- proval without referral for Federal input. **A toxic leachate is entering Windebank Creek. DOJ (Depart- ment of Justice) has ruled that if DFO is to charge the land owner and the dumper, we must charge B.C. MOE and the officer issuing the MOE Approval to discharge the waste. The D.G. (Deputy Gen- eral) has indicated that charging MOE is political dynamite and could not approve it. Accordingly, DOJ says we cannot charge anyone and we are left powerless and without credihilitv. and a violation is largely being ignored. “2. MO Swift River — This case is near identical to the Mile 44 case. Here DOJ says we should charge MOE, the officer issuing the cash sale, as well as the logger. “The D.G. has ruled that we will not charge MOF (Ministry of Forests) so DOJ will not charge the logger. Consequently, we are left in an embarrassing situation and immunity has been extended to those responsible for the violation. **3, Seekyakin Creek — Alcan and their contractors, without any approvals, destroyed a salmon stream at Kemano. Due to cur ‘special relationship’ with Alcan, it has been determined that the vio- tation will probably not be pro- secuted. Instead, the violation is now being pursued in context of Nechako committee deliberations. **4, Due to authorizations and unworkable enforcement arrange- ments, near-total immunity has been given to Yukon Placer miners to harmfully alter and pollute Yukon streams. Even when the miiners cannot meet extremely lax standards, no enforcement has taken place in 1988 or 1989, despite numerous violations. “*5, B.C. Rail recently twin tracked a railroad through the Squamish Estuary without any ap- provals. This is despite their ele- vated state of knowledge about estuarine concerns and our actions to force their removal of similar works at Roberts Bank in 1988. “Attempts to charge B.C.R. have been delayed on two occa- sions so the B.C.R. can be given a chance to present their views... This is resulting in unacceptable delays and no early resolution. Such violations should not be sub- jected to a negotiated settlement at a multi-agency executive meeting. ‘6, Charges against a contractor on Foxy Creek (Smithers) have stalled because MOF have in- tervened on behalf of the logger. ‘*Taking the above scenarios in- to account, it must be appreciated that DFO habitat enforcement has reached an all-time high in incon- sistency and an all-time low in terms of the adverse precedents they are setting, and the habitat destruction that has taken place is being ignored to a significant degree. We have determined that DFO-friendly corporations or par- ties with provincial permits (as well as the B.C. agency issuing the permit that allowed the offence) will enjoy relative immunity from the Fisheries Act. This is in addi- tion to the years of immunity we have given those mills that have been fortunate to have a con- tinuous discharge and can negoti- ate and promise while they pollute.’’ Space doesn’t allow me to con- tinue, but you get the picture, I’m suree ¥ Bene” NEWS photo Mika Waketield CANADA SAFEWAY and the three North Shore fire departments have teamed up to launch the Fire Busters program. Fire Busters stuffed toy dogs have been donated to the fire departments by Safeway. The dogs will be given to comfort children at the scenes of traffic accidents or fires. West Vancouver Fire Department representative Don Steinbart (far left), North Vancouver City Fire Department representative Gavin Soanes (left), Safeway representative Alan Heard (in the truck) and North Vancouver District Fire Department representative Terry Abrams (foreground) display the stuffed toys. The dogs will be available for purchase at Safeway in the spring. ST. PAUL'S HOSPITAL FOUNDATION PRESENTS — TICKETS ARE ONLY $50 EACH OR TWO FOR $S0!! — FINAL DRAW DATE IS OfCEMBER 29, 1989, 10:00 A.M. AT ST. PAULS HOSPITAL. — ONLY 4,800 TICKETS AVAILABLE @ A 1989 JAGUAR XJS CONVERTIBLE THANK YOU FOR YOUR PARTICIPATION AND GOOD LUCK!!! LICENSE AND SALES TAX ARE PROVIDED BY THE FOUNDATION BC LOTTERY LICENSE #723826 Please send me tickets ($50 each or 2 for $90). Enclosed please find my ~ cheque (Please make payable to the St. Paul’s Hospital Foundat:on) _) or use ny Visa/Mastercard = . expiry: Name: Signature: Address: Prov Postal Cove City. Phone # Home Office Mai to St. Paul's Hospital Foundation, Suite #386 1081 Burrard St., Vancouver, BC. V6Z 1Y6 or call (604) 682-8206 to order by phone.