The territorial Department of Infrastructure (INF) was ordered Thursday to pay a $10,000 fine for disturbing migratory bird nests off of Highway 3. 

Bank swallows, a threatened species under the Migratory Bird Act, typically nest on sand banks, both natural and artificial, such as riverbanks, quarries, sand and gravel mounds. The birds dig burrows which lead to underground nests, often in colonies of 10 to nearly 2,000.

Between May 30, 2018 and June 20, 2018, two employees contracted by INF unknowingly destroyed several swallows' nests off of Highway 3 near Edzo. 

The employees were hired to level piles on the highway as a means of discouraging interaction with the birds during construction season. They were not aware that they were irritating the nests in the process. 

The disruption was discovered after an Environment Canada biologist photographed multiple birds' nests in May. When he returned weeks later, the swallows were gone and the nests destroyed. 

INF pleaded guilty to the offence in territorial court on Dec. 9, 2020. Both the Crown and defence lawyers acknowledged the departmentSA国际影视传媒檚 cooperation in the matter and the steps they are taking to avoid any similar incidents. 

Crown prosecutor Morgan Fane told the court that the matter is not an omission of responsibility on the departmentSA国际影视传媒檚 part, but strictly a liability offence. He said the irony is in the fact that if not for INFSA国际影视传媒檚 efforts to discourage interaction with the species they would not have disturbed the nests at all. 

Defence lawyer Roger Shepard told the court that since the case has been brought to the GNWTSA国际影视传媒檚 attention, INF has hired a contractor and senior biologist to create a document outlining best practices for minimizing risk to migratory bird populations, their nests and their eggs. The document will highlight general management of migratory birds with a specific chapter dedicated to Bank swallows. The guideline, when complete, will be made available to the public on the departmentSA国际影视传媒檚 website.

Shepard indicated that the department is also working to create training materials to inform employees of the risks ahead of swallow nesting season, as well as an on-site training for staff to properly identify the birds and understand practical next steps if they find the swallows on site. Pausing their work, taping off a buffer zone or bringing in a biologist were listed as examples. The department plans for the training to be annual for relevant employees. 

While these materials have yet to be finalized, Shepard said that SA国际影视传媒渋t is not the case that the department is burying their head in the sand, so to speak.SA国际影视传媒�

He said that prosecution is something that the government never hopes occurs, however, in this case SA国际影视传媒渋t has spurred a lot of beneficial work.SA国际影视传媒� 

The $10,000 fine was a joint position that judge Donovan Molloy accepted. 

SA国际影视传媒淭his isnSA国际影视传媒檛 a case where there was total indifference,SA国际影视传媒� Molloy said. Rather, SA国际影视传媒渢he problem was in the execution.SA国际影视传媒�

Steve Loutitt, the departmentSA国际影视传媒檚 newly-appointed deputy minister, sat with his lawyer in the courtroom. Loutitt told the court that INF takes responsibility for its actions and SA国际影视传媒渞ecognizes that not enough was done.SA国际影视传媒�

SA国际影视传媒淚 take this matter very seriously,SA国际影视传媒� he said. 

He added that the department has already adopted measures and will take additional steps to ensure an avoidance of such circumstances in the future.