Assembly Calls for Avon River Ministerial Order to be Reinstated

June 13, 2023

On June 1, the Nova Scotia Provincial Emergency Management Office announced they would be closing the gates at the Avon causeway in Windsor, to re-establish a reservoir (Lake Pisiquid) for possible wildfire suppression.  This quickly shifted into concern over dry hydrants located above the Avon causeway.  While the Assembly of Nova Scotia Mi’kmaw Chiefs (Assembly) can appreciate the concern regarding a need to ensure resources to fight wildfires, they also raised concerns that alternative solutions were not utilized that could have had much less impact on fish and the ecosystem. The forecast at the time called for significant rainfall for the coming days and over 260mm of rain has fallen in the area since June 2, 2023.

“We understand immediate decisions had to be made in response to the wildfires, but we were concerned that this decision would erase all the work that had been done in this waterway.  We are now over a week out from this emergency decision, and we can see already how the environment is being severely impacted,” said Chief Gerald Toney, Fisheries Co-Lead for the Assembly.

The recent change in operation of the gates at the Avon causeway blocks fish passage and does not provide consistent and/or adequate flows downstream during low tide, impacting fish habitat and the ability for fish to complete their lifecycles. In 2021, the Department of Fisheries and Oceans (DFO) issued a Ministerial Order to regulate gate operations to improve fish habitat and passage. To mitigate any impacts brought about by the federal order, Mi’kmaw representatives worked collaboratively with various stakeholders, agencies and levels of government to find solutions that also enhanced the ecosystem, such as seeding the sandbar and installing riffles to ensure Ski Martock could continue to operate. This work allowed for migratory birds to return to the area, fish habitat and the ability for fish to complete their lifecycles has drastically improved, and wildlife and vegetation has started to flourish.

“The Ministerial Order to open the aboiteau gates had been working and this emergency override is impacting the environment and killing fish.  Every day we are getting reports that more and more fish are dying. We need a reversal of the emergency decision now,” continued Chief Toney.

The Assembly is calling on the Nova Scotia Government to work collaboratively with them and DFO to employ alternative measures to ensure adequate water access that does not destroy the ecosystem, nor infringe upon Mi’kmaw Rights.  The Assembly appreciates the immense efforts by the first responders to keep people and property safe from the threat of the devastating wildfires and wants to avoid ongoing and further damage to the establishing saltmarsh and other fish habitat created upstream of the causeway under the federal order.

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