Cherry Creek-Bummers Flats Motor Vehicle Prohibition

Regulation Number: 
2020-04-20
Status: 
Decided
Region: 
Region 4 - Kootenay
MU: 
4-20
4-21
Regulation Type: 
Motor Vehicle Restrictions
Species: 
All
Closing Date: 
January 19, 2020 at midnight
Decision Statement: 

This regulation was approved as proposed and is included in the 2020-2022 Hunting and Trapping Regulations Synopsis.

Current Regulations: 

Motor Vehicle Prohibited Area:

Cherry Creek — Bummers Flats

33  Effective year round, in those portions of M.U.s 4-20 and 4-21 outlined in red on the attached Map No. 1-33/14 (except the roads shown highlighted in green on that map and all of the C.P.R. right of way) contained within the following described boundaries:

Commencing at the northeast corner of Block B of D.L. 129; thence due south on the eastern boundary of said lot and its projection to the intersection of the western boundary of the right of way of Highway 93/95; thence southerly and easterly along the western boundary of said right of way to its intersection with the easterly boundary of D.L. 3061; thence south on the easterly boundary of said lot to the northern boundary of D.L. 115; thence westerly to the northeast corner of D.L. 9827; thence south on the eastern boundary of D.L. 9827 to the east bank of the Kootenay River; thence westerly and northerly along the east bank of the Kootenay River to its intersection with the southeast corner of IR #6; thence north and west along the eastern and northern boundary of IR #6 to its intersection with the east bank of the Kootenay River; thence in a generally northerly direction along the east bank of the Kootenay River to a point due east of the intersection of the westerly boundary of the Kootenay River with the southeast corner of D.L. 656; thence due west across the Kootenay River to the southeastern corner of D.L. 656; thence westerly along the southern boundaries of D.L. 656 and 11045 to the western boundary of D.L. 11045; thence northerly and easterly along the western and northern boundaries of D.L. 11045 to the eastern boundary of D.L. 1235; thence northerly along the eastern boundary of D.L. 1235 to the southern boundary of D.L. 655; thence northerly along the western boundary of D.L. 655 to the southern boundary of D.L. 654; thence easterly and northerly along the southern and western boundaries of D.L. 654 to the southern boundary of D.L. 706; thence easterly along the southern boundary of D.L. 706 to the eastern boundary of D.L. 13059; thence easterly and southerly along the eastern boundary of D.L. 13059 to the southern boundary of D.L. 13059; thence easterly along the southern boundary of D.L. 13059 to the western boundary of D.L. 13059; thence northerly along the western boundary of D.L. 13059; thence easterly, southerly and easterly along the northern, western and northern boundaries of D.L. 13057 to the west bank of the Kootenay River; thence due east across the Kootenay River to the east bank of the Kootenay River; thence in a northeasterly direction along the east bank of the Kootenay River to the southern boundary of D.L. 3001; thence east following the southerly boundary of D.L. 3001 to the west boundary of Highway 93/95 right of way; thence southerly along the westerly boundary of said right of way to its intersection with the westerly projection of the northern boundary of Block B of D.L. 129; thence east along said projection and the northern boundary of Block B of D.L. 129 to the point of commencement.

Proposed Regulations: 
  • Move Middle Bummers Flats road back 1.3 km to Kiosk and sign location due to current year-round open bisecting Leopard frog movement corridor along with dike instability [coordinates: 49°41’32.252N 115°41’37.752W]
  • House Keeping: Correct map to show only current road at south Bummers entrance as other does not exist
  • Remove open road to gravel pit – the road is gated and there is no current motor vehicle access

See map here.

Rationale: 

The proposed regulation changes are intended to (1) amend a road endpoint to mitigate negative impacts to Northern Leopard Frog travel corridor and (2) correct inaccuracies of road locations and access.

The original rationale for the development of this AMA considered the positive impacts of restricted motorized use for the benefit of elk and mule deer populations. This area also holds high value habitat for grizzly bear and moose. Additional consideration includes West slope cutthroat trout habitat, which benefits from motor vehicle restrictions by way of reduced sedimentation into breeding habitat and reduced risk of riparian habitat degradation. This AMA also provides habitat for species of concern including the Northern Leopard Frog and the Painted Turtle – Intermountain-Rocky Mountain population, as well as contains a Wildlife Habitat Area for the Long-billed Curlew.

Additional Information: 

A subset of literature that supports the benefits of motor vehicle restrictions for these wildlife species is provided below:

B.C. Ministry of Environment. 2017. Management plan for the Painted Turtle – Intermountain– Rocky Mountain Population (Chrysemys picta pop. 2) in British Columbia. B.C. Ministry of Environment, Victoria, BC. 31 pp. [https://wildlife-species.canada.ca/species-risk-registry/virtual_sara/files/plans/Mp-WtnPaintedTurtleIntermtnRockyMtnPop-v00-2018Oct-Eng.pdf]

Environment Canada. 2013. Management Plan for the Northern Leopard Frog (Lithobates pipiens), Western Boreal/Prairie Populations, in Canada. Species at Risk Act Management Plan Series. Environment Canada, Ottawa. iii + 28 pp. [https://www.sararegistry.gc.ca/virtual_sara/files/plans/mp_northern_leopard_frog_e_final.pdf]

Beazley, K. F., Snaith, T. V., Mackinnon, F., & David, C. 2004. Road density and the potential impact on wildlife species such as American Moose in mainland Nova Scotia. Proceedings of the Nova Scotian Institute of Science. [https://ojs.library.dal.ca/nsis/article/view/NSIS42-2beazleysnaithmackinnoncolville]

Hayden, J. G., Ardt, G., Fleming, M., Keegan, T. W., Peek, J., Smith, T. O., & Wood, A. (2008). Habitat guidelines for mule deer: Northern forest ecoregion. Mule Deer Working Group, Western Association of Fish and Wildlife Agencies. USA. [https://www.researchgate.net/publication/281753932_Habitat_Guidelines_for_Mule_Deer_Northern_Forest_Ecoregion]

Forman, R. T., Friedman, D. S., Fitzhenry, D., Martin, J. D., Chen, A. S., & Alexander, L. E. 1997. Ecological effects of roads: toward three summary indices and an overview for North America. See Ref, 21, 40-54.

Proctor, M. F., B. N. McLellan, G. B. Stenhouse, G. Mowat, C. T. Lamb & M. A. Boyce. (2018). Resource Roads and Grizzly Bears in British Columbia and Alberta. Canadian Grizzly Bear Management Series, Resource Road Management. Trans-border Grizzly Bear Project. Kaslo, BC, Canada. http://transbordergrizzlybearproject.ca/research/publications.html

Rowland, M. M., Wisdom, M. J., Johnson, B. K., & Penninger, M. A. 2004. Effects of roads on elk: implications for management in forested ecosystems. In: Transactions of the 69th North American Wildlife and Natural Resources Conference: 491-508. [https://www.fs.usda.gov/treesearch/pubs/24797]

Trombulak, S. C. & C. A. Frissell. (2000). Review of ecological effects of roads on terrestrial and aquatic communities. Conservation Biology 14(1), 18-30. [https://conbio.onlinelibrary.wiley.com/doi/full/10.1046/j.1523-1739.2000.99084.x]

Environment Canada. 2012. Management Plan for the Long-billed Curlew (Numenius americanus) in Canada [Proposed]. Species at Risk Act Management Plan Series. Environment Canada, Ottawa. iii + 24 pp [https://www.sararegistry.gc.ca/virtual_sara/files/plans/mp_long_billed_curlew_e.pdf]