New regulations for Canadian aquaculture advancing slowly
The antiquated Canadian Fisheries Act of 1868 didn’t have the word “aquaculture” in it as far as I can see, and although this piece of important legislation has undergone some revisions over the years, it still remains a law which was originally designed to protect wild fish stocks and their habitats against any form of industrial and economic development activity- except commercial fishing. In other words- anybody with a license to do so can go out and kill hundreds if not thousands of fish species like wild Pacific salmon. But if anybody else- a salmon farmer without a wild salmon fishing license for example- would cause the accidental death of one such fish- he or she could face their day in court. And heaven-forbid if such a fish farmer would have to protect its fish against an infection by another “fish” species like sea lice by killing them- this would technically also be a no-no under the aging Fisheries Act.
No wonder then that the Canadian Aquaculture Industry Alliance- the umbrella organization for provincial aquaculture associations- has been pushing for a new, industry-specific piece of legislation purposefully meant to regulate this increasingly important industry.
An example of how one Canadian province is dealing with the issue of overhauling the rules for aquaculture activities was provided last week by Mark Sabourin of EcoLog;
In separate initiatives, the federal and Nova Scotia governments have taken important steps toward providing regulatory certainty for the aquaculture industry. In Ottawa, draft Aquaculture Activities Regulations under the Fisheries Act are intended to address current enforcement inconsistencies in sections 35 and 36 of that Act. Plans for the draft were first revealed in the July 4, 2014 issue of EcoLog News. In Halifax, the draft Doelle-Lahey report proposes a provincial regulatory framework for Nova Scotia’s aquaculture industry, including the classification of the coastline into zones depending on their suitability for the industry.
Sections 35 and 36 of the Fisheries Act prohibit works or activities that are harmful to fish that have Aboriginal, commercial or recreational value. Aquaculture operators are sometimes caught by those provisions when treating their fish with government-approved products or because of the waste generated by their captive fish.
The draft regulations set conditions that satisfy sections 35 and 36, require ongoing monitoring to ensure that those conditions continue to be met, and require annual reporting to Fisheries and Oceans Canada. The federal government is also committing to convening a science-based research and advisory panel to review the implementation of the proposed regulations and to determine if modifications are needed. The Aquaculture Activities Regulations are part of an aquaculture regulatory reform project that still has plenty of work ahead of it. Even if this draft regulation is implemented, the industry will continue to labour under a mix of 10 different Acts, and seven different organizations.
Nova Scotia does not have an aquaculture regulation, despite having an aquaculture industry worth approximately $57 million (~€40 million) per year according to the Aquaculture Association of Nova Scotia website. The Doelle-Lahey report does not lay out a recommended regulation, but rather endorses the need for strong regulation to guide the industry and protect the environment. In addition to the “zoning” of coastal areas appropriate for the industry, this would include strong licensing and environmental monitoring provisions.
