Since salmon farms first appeared on the BC coast in the 1980s, they have been regulated by the provincial government. In September 2009, the provincial government relinquished control and management of marine fin-fish aquaculture to the federal government as a result of the BC Supreme Court’s Hinkson decision.

As part of the process of taking over jurisdiction, the Department of Fisheries & Oceans (DFO) has drafted new federal regulations for the management of aquaculture in BC. This draft is now available for public review and comment until September 8, 2010.

» Overview
» Problems with the Proposed Regulations
» Recommendations
» Take Action

Overview

The proposed regulations would not improve the way open net-cage salmon aquaculture is being practiced in British Columbia in any appreciable way. CAAR initially hoped that the federal government would take its responsibility to protect Canada’s wild fish stocks and the ecosystems that support them more seriously (see CAAR's submission into the re-regulation process), but it is our opinion that they have failed to do so. In fact, the proposed regulations, with a newly streamlined licensing process, would allow for renewed expansion of the net-cage industry.

The proposed regulations contain language suggesting the management of aquaculture in BC will be more transparent, effective and efficient, but most of the regulation would be done through conditions that the Minister of Fisheries & Oceans may attach to individual licenses. This leaves us in the dark as to what would be required of a facility until we actually see the license.

DFO cites “building public confidence through the proper management of aquaculture, particularly with respect to protection and conservation of fish and fish habitat, in an open and transparent manner” as an objective of the proposed regulations – yet the regulations as laid out are too vague to meet that objective at this point.

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Problems with the Proposed Regulations

1. Protecting wild salmon and habitat
   The proposed regulations do not prioritize DFO’s primary mandate to protect fish and fish habitat as the foundation for the management of sustainable aquaculture.


2. Environmental standards
   The standards for environmental degradation in the proposed regulations are the same as those considered acceptable by current licensing. The proposed regulations do not require any improvement in environmental protection from the impacts of the open net-cages.


3. Environmental monitoring
   The new regulations call for environmental monitoring but DFO is unclear about who will bear the cost. This is because DFO is currently not proposing to include a fee structure in the regulations. Further analysis and consultation will be conducted with the aim of including a fee structure sometime in the future but otherwise it’s business as usual for the farms and any increase in costs for licensing and environmental monitoring would be borne by the taxpayer.


4. Public disclosure and transparency
   Reporting requirements will be included as a license condition. These conditions are intended to create more public accountability in the industry thereby increasing public confidence in the management of the industry. However, DFO asserts that there may be substantive time-lags on the release of information to the public that may be considered to be proprietary in nature (e.g. “owned by the company”) or that may be considered to be harmful to the interests of the company.
   
   While the proposed regulations will allow for the establishment of “independent” observers at aquaculture facilities similar to those that are currently employed on fishing vessels, there is no definitive statement about how or when these observers would actually be engaged.
   
   It is also not clear if public notification would be required during drug treatments at individual farm sites.


5. Compliance and enforcement
   The proposed regulations promise more and tougher enforcement. Under provincial regulations there were monetary fines and penalties for non-compliance for such activities as letting fish escape or failing to have a fish health management plan. However, there are no details given about how non-compliance would be assessed under the new regulations.


6. Environmental assessment
   Aquaculture operations in BC were required to undergo an Environmental Assessment pursuant to the Canadian Environmental Assessment Act (CEAA) because they required an authorization under the federal Fisheries Act to allow for harmful alteration, disruption or destruction of fish habitat. (HADDs) Under the proposed new licensing scheme this would no longer be the case. HADDs will be authorized in such a way as to avoid triggering the CEAA. There would no opportunity for public comment as there would be no provision for public input on licenses or license conditions. Further, as farms grow larger both in number or size, there would be no mechanism in place to assess the cumulative environmental implications of this under the proposed regulatory regime or opportunity for public input.

There is no evidence that open net-cage aquaculture regulations in any current form (and those of the EU are stronger) adequately protect wild fish. CAAR is disappointed that DFO has not prioritized its mandate to protect wild fish and is instead creating the conditions that allow for net-cage salmon aquaculture expansion rather than encouraging the transition to closed containment technology.

For more information on problems with the proposed standards, view CAAR's recent webinar presentation.

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Recommendations

1. Regulations must be in the regulations
2. Regulations must prioritize protection of environment, wild species
3. Craft a transition policy to phase out open net-cages
4. No new open net-cage farms
5. Transparency, consultation and information flow
6. Defined, enforceable limits on deleterious substance deposition
7. Enforcement, penalties, fees must be in regulations
8. Resolve the conflicted mandate of DFO, prioritize primary constitutional responsibility

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Take Action

Visit the DFO website to read the proposed regulation and regulatory impact analysis statement. A public response to the proposed regulations is critical to ensure the protection of wild salmon and the development of a green aquaculture infrastructure in BC. The deadline is September 8, 2010.

Contact your MP and ask them to represent your interest in the protection of wild salmon. Ask your MP where s/he stands on the draft regulations and what action they are going to take to ensure better and stronger regulations that will protect wild salmon and marine ecosystems!

Keep us in the loop! As we move forward on this issue, it would be great to keep track of how many folks are weighing in. BCC CAAR on your email submission to action@salmonsupporters.org

Have a question about the regulations? Post it to our Facebook discussions page.

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