bow river angling regulation review terms of...

Bow River Angling Regulation Review Terms of Reference

May 3, 2012

Terms of Reference Bow River Angling Regulation Review

October 11, 2013 Terms of Reference Bow River Angling Regulation Review

Prairies Area © 2013 Government of Alberta

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Approval Statement

The Terms of Reference for review of the Bow River angling regulations is approved for

implementation.

Original signed by May 17, 2012

Travis Ripley Date

Executive Director

Fisheries Management Branch

Recommendation

The Terms of Reference for the review of the Bow River angling regulations is recommended for

implementation.


Darryl Johnson Date

Area Manager

Prairies Area


David DePape Date

Program Manager, Fisheries and Wildlife

Management, Prairies Area




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Terms of Reference

Project title: Bow River Regulation Review

Project proponent and client: Fish and Wildlife, Prairies Area, Alberta Environment and

Sustainable Resource Development.

The Bow River Regulation Review (BRRR) is an initiative of the Government of Alberta (GoA),

and is being undertaken by the department that has the authority and mandate for fisheries

management – Alberta Environment and Sustainable Resource Development (ESRD), Fisheries

Management Branch (FMB).

Background

The Bow River below Calgary, Alberta is a world renowned, Blue Ribbon trout fishery, capable of

producing large numbers of Rainbow Trout, Brown Trout, Mountain Whitefish and other fish

species. Hydroelectric tailwater dams along portions of its length contribute to a stable, regulated

flow regime which is generally favourable for introduced Rainbow Trout and Brown Trout

populations. These same characteristics likely contributed to the decline of Bull Trout and Cutthroat

Trout populations, species that evolved in the presence of unregulated, natural flow conditions, free

of competition with other trout species. The Bow River fishery between Bearspaw and Bassano

dams (see detailed sub-reach maps on last page) is actively managed by ESRD, primarily for

Rainbow Trout, Brown Trout and Mountain Whitefish. Northern Pike are also present in the Bow

River, but are largely confined to slow moving or stagnant backwater areas.

The Bow River attracts large numbers of anglers from within the province, from other provinces in

Canada, and from around the world. In 2006, an angler use study was conducted on the river

between Bearspaw Dam and the Carseland Weir. The study, conducted from April 1 to September

30, revealed the following important angler characteristics:

- there were an estimated 172,974 hours of angler effort, by an estimated 24,975 anglers;

- total catch rate for all sizes of Rainbow Trout was 0.37 fish/hour, and an estimated

62,755 were caught;

- only 3 Rainbow Trout were reported as retained;

- the total catch rate for all size of Brown Trout was 0.08 fish/hour, and an estimated

15,960 were caught;

- only 7 Brown Trout were reported as retained;

- the total catch rate for all sizes of Mountain Whitefish was 0.01 fish/hour and an

estimated 1501 were caught; and

- 33 Mountain Whitefish were reported as retained.

This information demonstrates that the Bow River is a heavily used fishery, with relatively high

catch rates. Maintaining a healthy population of fish depends on high survival rates for released fish

and low harvest (retention) rates. Recent computer modelling by ESRD indicates that the legal

harvest of trout species (as permitted under current fishing regulations) at current levels is unlikely




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to negatively affect fish populations on the Bow River. However, undetected increases in harvest

levels by changing angler patterns could result in reductions of fish populations.

Angling regulations are one of several key instruments used by ESRD in managing the Bow River

fishery. In general, angling regulations should:

be guided by sound resource management principles (i.e., conservation of fish populations,

adaptive management, precautionary principle);

reflect the interests, needs and concerns of resource users and resource owners;

be based on good science; and

take into account existing data and survey information.

As identified in the Fish Conservation Strategy for Alberta 2012- 2017, the primary goal of

fisheries management in Alberta is the conservation of fish populations. To achieve this goal,

angling regulations must balance opportunities for consumptive and non-consumptive uses of fish.

Angling regulations are periodically reviewed by ESRD and updated to reflect current angler

pressure and harvest patterns in order to prevent over-fishing and resource depletion/extirpation.

The Bow River angling regulations are included in (and form part of) Alberta’s annual “Guide to

Sportfishing Regulations” at albertaregulations.ca.

Purpose of the Regulation Review The last comprehensive review of the lower Bow River angling regulations was completed by

ESRD in 2000. Since that time, the department has collected significant fish population and angler

demographic information; this data must be considered by the angling public in order to set

appropriate angling regulations for the future.

Stated succinctly, the purpose of the 2012 BRRR is:

a) to consider the appropriateness/effectiveness of the current regulations, particularly:

- length of angling seasons;

- timing of angling seasons;

- harvest levels for different fish species;

- whether sufficient resource protection is being provided during critical life stages (i.e.,

spawning and migration); and

- other relevant considerations (e.g., user conflicts, impact of gear selection on post

release mortality).

b) to assess whether current fisheries management regulations are satisfying public demand for a

limited resource, and determine whether (and where) public interest may have changed since the

last regulation review in 2000.

Scope of the Regulation Review 1. Study Area

The geographical extent of the BRRR is the section of the river that lies immediately

downstream of the Bearspaw Dam to the Bassano Dam – a distance of approximately 177 river

http://www.albertaregulations.ca/fishingregs/




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kilometres. This section includes the following four river sub-reaches (maps of sub-reaches are

included as Appendix I):

Bearspaw Dam to Western Headworks Diversion (WHD) Weir;

WHD Weir to Carseland Weir;

Carseland Weir to Highway 24 bridge; and

Highway 24 bridge to Bassano Dam.

Figure 1: Geographical extent of the BRRR: Bearspaw Dam to Bassano Dam.

2. Issues that will be addressed The BRRR is primarily focused on the dynamic interactions between angler use patterns and

fish populations in the Bow River. The regulation review will focus on the following:

Primary Issues

a) timing and duration and of angling seasons;

b) size and possession limits for Trout (Rainbows and Browns), Northern Pike and

Mountain Whitefish;




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c) potential impacts of industrial development on fish populations, and potential changes to

angling seasons and possession limits (i.e. direct mortality through the proposed Very Low

Head Turbine(s) on the Carseland Weir, increased BRID canal entrainment);

d) use of bait; and

e) threats to the fishery and aquatic environment that are introduced by Bow River anglers

(e.g., aquatic invasive species).

Subsidiary Issues that may be identified and documented for inclusion into the final report

If time permits, and should ESRD staff and committee members be interested, other matters that

may be discussed might include the following:

a) achieving angler compliance;

b) enforcement of the lower Bow River angling regulations; and

c) angler access issues on the lower Bow.

3. Issues that will not be addressed

There are many resource management issues pertaining to the lower Bow River that do not fall

within the purview of this project. Specifically, the BRRR:

is not a fisheries management plan (i.e., it will not address fish population targets or fish

habitat protection issues);

will not examine/review provincial (province-wide) fisheries regulations;

will not consider water flows or water licensing for the Bow River;

will not address water quality or shoreline issues; and

will not address conflicts between user groups (jet boats, rafters, etc.).

4. Other considerations

Existing linkages between the BRRR and other provincial/federal policies and management

initiatives will be maintained. The revised Bow River Regulations will:

align and conform with Alberta’s Fish Conservation Strategy 2012-2017 (NOTE: an

updated version of the Strategy will be released in the near future);

be informed by any applicable provincial fish conservation management plans or fish

recovery plans that are in place;

have regard for relevant federal and provincial fisheries related laws and policies;

be consistent with the Elbow River angling regulations (below Glenmore Reservoir) and

integrated with the lower Highwood River angling regulations; and

be incorporated into the Bow River Fisheries Management Objectives (FMO).

Project deliverable(s)

The primary outcome of the Review will be a series of recommendations from the public advisory

committee (PAC) that will be presented to the ESRD Project Manager. These recommendations will

be considered by Fisheries Management staff when updating the angling regulations for the Lower

Bow River. First Nations consultation and public review of the PAC recommendations are also part

of the project.




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During the course of PAC deliberations, the committee may offer suggestions for the adoption of

new policies, or the evaluation (review) of existing policies. In such instances, PAC members may

wish to raise concerns or provide additional recommendations for the department’s consideration;

however, these recommendations are outside the primary focus of this regulation review. Likewise,

the PAC may offer proposals that outline the need for future partnerships or agreements between

user groups – such advice will be considered by ESRD but is also beyond the scope of this review.

Project management The following ESRD staff members will oversee and assist with the Bow River Regulation Review:

Managerial oversight – Dave DePape (Program Manager, Fisheries and Wildlife

Management, Prairies Area)

Department headquarters oversight – Travis Ripley (Executive Director, Fisheries

Management)

Project Manager and ESRD fisheries representative on PAC – Paul Christensen (Senior

Fisheries Biologist, Calgary/Brooks)

Assistant Project Manager and ESRD fisheries representative on PAC – Cam Wallman

(Senior Fisheries Technician, Calgary/Brooks)

PAC facilitator – Sam Wirzba (Planner/Mediator, Prairies Area)

Public Advisory Committee A public advisory committee (PAC) comprised of a cross section of lower Bow River user groups

will be formed to provide advice to ESRD staff on sport fishing regulation changes for the lower

Bow River. User groups identified by the department will be invited to appoint a group

representative to sit on the PAC. An individual has been identified as the initial contact for the user

groups and organizations that are identified in the table below; PAC representatives should be

ratified by the organization they will be representing. PAC members will not be compensated by the

government of Alberta for the time they commit to PAC work; as such, they are considered to be

volunteering their time when serving on the PAC. The government of Alberta will not provide

honoraria or cover any travel expenses that are incurred by participants when attending PAC

meetings (i.e. PAC members will not be reimbursed for mileage costs or meal expenses).

Proposed Membership

Name Affiliation / Representing #

Brian Meagher Trout Unlimited 1

Jim Clarke Sarcee Fish and Game Association 1

Jenna Cross City of Calgary 1

Richard Right Hand

Additional designate TBD

Siksika First Nation 1

Gord Kennedy

Dee Chatani

Kelly Lyle

Guides / outfitters / fishing retailers

West Winds Fly Shop

Troutchasers Outfitting

The Fishin’ Hole

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Eric Grinell

Nancy Storwick

Silvertip Outfitters

Angler Outfitters Association of Alberta

Designate to be assigned Bow River Basin Council 1

Greg Eisler Tera Environmental (Calgary)

Fisheries consultant / fisheries biologist (ASPB)

1

Dave Evans Tera Environmental (Calgary)

Fisheries consultant / fisheries biologist (ASPB)

1

Jim Hoey The Dimestore Fisherman 1

Lloyd Horn Bow Habitat Station Volunteer Society 1

Masao Nagao Fly angler, public at large 1

TBD Bait angler, public at large 1

TBD Angler, public at large 1

John Post University of Calgary

PAC members may (at the first PAC meeting) identify 1 or 2 other interests that should be represented

Role of PAC Members

PAC members will offer suggestions and recommendations to the department for the purpose of

updating the Bow River Fisheries Regulations. PAC recommendations will be considered by ESRD

staff when revised regulations are prepared by the Department for the section (four river sub-

reaches) of the Bow River that is the focus of this regulation review.

As PAC members, representatives commit to:

1. attend scheduled PAC meetings;

2. identify and clarify fisheries related issues;

3. share relevant information during PAC meetings;

4. offer ideas and suggestions for improved resource conservation and management;

5. offer comments on proposals being put forward;

6. represent and bring forward the views of the user group or organization that they are

representing; and

7. share information from PAC meetings with the group they are representing.

PAC members may designate an alternate, who will attend meetings when the member is absent.

PAC viewpoints and suggestions will be sought on the key issues outlined in these Terms of

Reference.

Role of Facilitator

The Facilitator will be a professional, appointed planner/mediator who is not a Fisheries

Management Branch staff member. The facilitator will guide PAC members through a process to

establish ground rules for meetings that will clarify how members of the committee will work

together. This process is expected to occur at the initial meeting of the PAC and will include

establishing processes for decision making, resolving differing opinions, and recording meeting

discussions. [Note – 1st Draft has been prepared]

It is being proposed that PAC meetings be held in the evenings, on weekdays, at the Bow Habitat

Station (1440 - 17A St. S.E) in Calgary – this is an Alberta government facility, focused on aquatic

resource management, which has offered its meeting facilities for PAC use. Meetings will likely




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occur at four to six week intervals from spring to fall 2012. It is anticipated that meetings will be

two to three hours in length.

Additional Resource Personnel

In addition to the ESRD staff that are directly involved with project management, other ESRD and

government personnel may be required to assist with the process (e.g., assume administrative

responsibilities), or provide expertise on specific subjects during the course of the Bow River

Regulation Review. These personnel may include, but are not limited to:

- Linda Winkel, Fisheries/Species at Risk Biologist, Calgary

- Enforcement and Field Services personnel (names TBD)

Public Feedback ESRD will seek public comment on the recommendations that are developed through PAC

deliberations. This will include provision for a public survey or other feedback process (e.g. open

house) – the chosen mechanism will be determined at a later date. The need to hold further public

meeting(s) and/or public open house(s) after the PAC has concluded its work will be determined by

ESRD staff.

First Nations Consultation ESRD will engage Siksika First Nation as part of the Bow River Regulation Review. Siksika

representatives will be invited to attend PAC meetings to hear the views expressed by other

resource users and to present First Nations perspectives (Siksika involvement on the PAC does not

constitute formal First Nations consultation). If necessary after PAC recommendations have been

received by ESRD, the department will undertake separate consultations with Siksika First Nation

(and any other First Nation that has a legitimate interest in the lower Bow River fishery).

Process Key steps in the Bow River Regulation Review, including preparation of PAC recommendations

and the resultant public review, are as follows:

develop project Terms of Reference;

project notification (internal, MLAs, stakeholder groups, public);

establish PAC (confirm who will be representing various river user groups);

hold PAC meetings to develop recommendations;

consolidation and presentation of final PAC recommendations;

public review and feedback on PAC recommendations;

ESRD staff prepare revised regulations based on PAC input, public comments, and other

relevant factors;

revised Bow River Regulations provided to the Minister of ESRD for adoption

A project timeline will be established once the PAC has been assembled and has commenced

meeting.




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Project completion To correlate with other legislated processes related to this review (i.e., other provincial and federal

timelines that must be adhered to by ESRD in developing Annual Sportfishing Regulations), PAC

recommendations and public review of these recommendations should ideally be concluded by the

end of August 2013. Prairies Area ESRD staff will then consider both PAC and public input in the

fall of 2013 when proposing revisions to the Bow River Fisheries Regulation for consideration by

ESRD’s Fisheries Management Branch, senior department managers and the Minister. First Nations

consultation (if needed) will be undertaken thereafter. This schedule would only provide for eight to

ten PAC sessions to address identified resource management issues. If this schedule can be

achieved, revised Bow River regulations would appear in the 2015 Alberta Sportfishing

Regulations.

Project documentation ESRD will provide relevant materials to PAC members in hardcopy and/or digital form.

Documentation will include scientific information, historical and relevant resource management

information, and data from past creel surveys. Agendas will be prepared and sent out before

upcoming PAC meetings. Summary notes will be prepared and circulated following each meeting.

Technical support / expertise GIS and cartographic products, as required to support the review, will be prepared by the Resource

Information Unit, Prairies Area, ESRD. Resource management and fisheries experts will be invited

to address the PAC as necessary.

Communications (internal and external)

Project communications will be under the authority of the Project Manager, who will seek advice

from ESRD’s Communications Branch and ESRD mangers. ESRD will develop an overall project

communications strategy. The facilitator will discuss and confirm appropriate communications of

PAC members (i.e., sharing of meeting outcomes) during the development of PAC ground rules at

the initial PAC meeting.

Budget ESRD will cover the direct costs associated with this project, including:

meeting hall costs (if any);

meeting refreshments;

project notifications;

printing/documentation costs;

public review process; and

First Nations consultation (if required).




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Appendix I: Bow River Sub-Reach Maps




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