Aquaculture

 

Aquaculture – the farming of fish and shellfish, usually in ocean-based net enclosures – is a sizeable, growing industry in British Columbia.  British Columbia is the fourth largest producer of farmed fish in the world, with most of the fish destined for export markets, primarily to the United States.  

                                                                                                                                                                 

Aquaculture is a concern due to the potential it creates for serious, negative impacts on the ocean environment, wild fish and other marine life.  The list of concerns includes:

 

·         Contamination of ocean water and the sea bottom as a result of sewage

·         Diseases and/or sea lice spreading from the fish farm pens to wild fish

·         Drugging of farmed fish and drugs being introduced into the food chain

·         Escape of farmed fish from the pens risking the contamination of wild Pacific stocks, competition for food sources and inter-breeding with native species

·         Dumping of dead, diseased farmed fish at sea, risking the spread of disease

·         Over-harvesting of species that are used as feed for the farmed fish

·         Introduction of feed into the wild environment

Because of concerns for the environment, in 1995 the BC government placed a moratorium on the expansion of the fish farming industry.  In 2002, the moratorium was lifted - a signal by the new government that our oceans are “open for business”.

 

The provincial and federal governments share jurisdiction over the aquaculture industry. 

 

(a) Provincial regulation

A number of provincial statutes and planning regimes relate to aquaculture.  These include:

·         BC Fisheries Act – The Ministry of Agriculture, Food and Fisheries issues licenses for aquaculture operations under the BC Fisheries Act.  The Aquaculture Regulation, created under the Act, sets out more specific requirements for aquaculture licensing and operations, including escape reporting, record-keeping and rules regarding the harvesting of fish which have had drugs administered to them.  The Aquaculture Regulation also sets out rules for preventing and responding to escapes of fish, including the preparation of an escape response plan. 

·         Waste Management Act – The Ministry of Water, Land and Air Protection, under the authority of the Waste Management Act, regulates waste introduced into the environment by aquaculture operations.  The Finfish Aquaculture Waste Control Regulation authorizes waste being introduced within an aquaculture tenure into the environment in accordance with the Regulation.  Fish farm operators are required to register under the regulation and must comply with its stipulated pollution standards and monitoring methodologies.

·         Land Act Tenure – Land and Water British Columbia Inc., a Crown corporation, is the agency responsible for granting the right for fish farms to anchor and make other use of the seabed and foreshore in coastal waters (which are owned by the province).  The government charges an annual rent for aquaculture tenures.  It is currently discounting the rent on the first three years of fish farming tenures as an incentive to encourage new developments.  Applicants are required to submit a management plan for approval whenever they apply for an aquaculture tenure.

Aquaculture operations are considered a “farm use” for the purposes of the Agricultural Land Commission Act and may be regulated but not prohibited by local government bylaw (see section 2(2) of the Agricultural Land Use, Subdivision and Procedure Regulation.)

 

(b) Federal regulation

 

The federal government shares jurisdiction over aquaculture with the provincial government.  While the province manages operational matters related to aquaculture, Fisheries and Oceans Canada is very much involved in carrying out programs of science and research related to the development of a “sustainable aquaculture industry”.

 

The Department is responsible for the federal Fisheries Act, which has the following key habitat-protection and pollution-prevention provisions:

 

·         Section 35 prohibits the harmful alteration, disruption or destruction of habitat, as a result of a work or undertaking, unless authorized by the Minister or the regulations

·         Section 36 prohibits the deposit of a deleterious substance into fish-bearing waters, unless authorized by the Minister or the regulations

In addition to the Fisheries Act, the federal Navigable Waters Protection Act (NWPA) requires government approval for any construction or placement of works in navigable waters.  Whenever a permit is required under either the Fisheries Act or the NWPA, an environmental assessment is required further to the provisions of the Canadian Environmental Assessment Act (CEAA), under the administration of Environment Canada.  This entails a review of the proposed operation and its environmental impacts. 

 

Opportunities for public input

 

The opportunity for public consultation (information review and comment) are usually required in respect of the granting and siting of aquaculture tenures, further to the provisions of both the provincial Land Act and the federal Navigable Waters Protection Act.  Currently, consultations are carried out by means of a joint process.  Applicants must advertise the proposed tenure; and open houses are typically held in the communities close to the proposed location.  The comments are considered by Land and Water BC Inc. and in the CEAA screening process.

 

The province also requires the consent of upland land owners whose riparian rights may be affected by the operation.  Applicants must therefore notify all adjacent landowners.  In addition, the provincial and federal governments are required to consult First Nations with fishing rights in the area. 

 

Related Guide Pages:

 

·         Canada-BC Agreement on Interjurisdictional Cooperation with respect to Fisheries and Aquaculture

·         Fisheries Act (BC)

·         Fisheries Act (Federal)

·         Navigable Waters Protection Act

·         Canadian Environmental Assessment Act

 

For more information about Aquaculture:

 

·         David Suzuki Foundation website on fish farming and the environment

 

·         Report of Leggatt Inquiry into Salmon Farming, Clear Choices, Clean Waters (November 2001)

 

·         Western Canada Wilderness Committee / Union of BC Indian Chiefs website on fish farming

 

·         BC government website on Fisheries and Aquaculture

 

·         Land and Water BC Inc.’s Aquaculture Policy

 

·         Fisheries and Oceans Canada – Pacific Region website on Aquaculture