Current law could endanger many farm operations.Ottawa—The Canadian Federation of Agriculture and the Canadian Cattlemen's Association are pressing the government to protect farms from unintended handicaps that legislation under study in the Senate could cause.CFA will get to make its case May 2 for changes to Fisheries Act amendments that could handicap many farm operations across Canada. It will ask the Senate fisheries committee to clarify a provision on fish habitat that could lead to puddles in farm fields being classed as fish habitat that farmers would have to leave alone.“We're requesting clarification over whether this definition extends to water pooling on croplands from for example increased rainfall and, if so, that it be removed from the Act,” says Frank Annu, CFA's environmental specialist.Meanwhile the CCA wants the Senate transport committee to clarify the Canadian Navigable Waters Act to exempt agriculturally-related activities and specific agricultural scenarios. Farmers should not be impeded from securing “access to fresh surface water to protect and secure the environment of their working landscapes.”CCA wants the proposed law clarified now “so that at some future point a judge or regulator isn't faced with making a notwithstanding decision as to what the original intent was in forming certain aspects of the legislation.”One concern is with waters “that historically are non-navigable but may be deemed navigable in some sense for a period during spring run-off or during high precipitation or flooding events. The concerns here for producers are in relation to private property, safety of livestock, fire, security and a host of additional valid reasons.“The CCA believes there needs to be a screening process for exemption of minor water courses in and around agricultural lands that are typically low flowing or ephemeral in nature – aside from seasonal run-off, precipitation or flooding type circumstances.”CCA is also concerned with private water bodies or courses that experience a run-off or flood event that creates substantial overflow that ultimately exits the private property into public areas. “This could lead to a situation where an individual could claim navigable access rights to the temporarily flowing and possibly navigable waters. Such a scenario has high potential for creating conflict between private land holders and the general public.”The Fisheries Act amendments include a definition of fish habitat as any body of water that could sustain fish. CVA and CFA worry this could large puddles caused by run off or heavy rains.CCA said the amendment “would see practically all water bodies deemed fish habitat and thus make it virtually impossible for beef and agricultural producers to be in compliance with the Act.”Excess rainwater on farmland may fall under this definition, and its draining may require a Fisheries Department permit thereby increasing regulatory burdens on farmers, CCA said. Overall, the amendment could interfere with many activities associated with cattle grazing and production and should be removed.CFA wants the government to clarify the definition of fish habitat in the bill and ensure it doesn't include rainwater pooling on cropland.It said the definition greatly expanded what can be deemed fish habitat and designates puddles and watercourses as fish habitat “even if there are no fish using the area for any life process. The expansion of fish habitat results in practically all water bodies being fish habitat or deemed fish habitat. Under the Act anyone would be in contravention if they alter, disrupt, or cause destruction of fish habitat.”Alex Binkley is a freelance journalist and writes for domestic and international publications about agriculture, food and transportation issues. He's also the author of two science fiction novels with more in the works.