Alexandra Morton: Court declares the province cannot expand aquaculture

By Alexandra Morton

Today, B.C. Supreme Court ruled in our favor once again.

Justice Christopher  Hinkson granted the federal government a suspension order until December 18, 2010 so that Fisheries and Oceans (DFO) can further prepare to assume control of regulating salmon farms. (Editor's note: Straight.com will post a link to the decision when it becomes available on the B.C. Supreme Court Web site.)

However, Justice Hinkson forbade any expansion of aquaculture during that period. Specifically, the province cannot issue any new fish farm licences and cannot expand the size of any tenure. He recognized the First Nation interest in this matter by granting the Musgamagw-Tsawataineuk Tribal Council intervenor status, which is essential as this case is based in their territory.

On the matter pursued by Marine Harvest at the Court of Appeal and sent back to Justice Hinkson to reconsider (that is whether the fish in the farms are privately owned by the companies and whether the Farm Practices Protection Act (FPPA) is still in force, Hinkson confirmed   that the FPPA will   no longer apply to finfish aquaculture and thus no longer protects farms from nuisance claims.  

On the question, does Marine Harvest own the   fish in their pens?, Justice Hinkson found that this  is not the case for this to be decided.  Marine Harvest will have to bring this before the courts itself. For now, we know that the aquaculture fish are now part of the fisheries of Canada.

Today’s decision is met by the unrelated announcement by U.S. box store chain Target that it has eliminated all farmed salmon from its fresh, frozen, and smoked seafood offerings in its stores across the United States, because of farm salmon's environmental impact on native salmon.

There is an enormous amount of work ahead to translate any of this into better survival of our wild salmon, but the courts   seem consistently interested in bringing reason, the constitution, and the law to bear on the Norwegian fish farm industry in British Columbia.  

While I am truly sorry that jobs will be lost in ocean fish farming, bear in mind the industry is in deep trouble with mother nature herself in the fish farming strongholds of Chile and Norway. Trying to hold this nomadic fish in pens is never going to work because it causes epidemics, unnatural sea lice infestations, and drug resistance. Salmon farming is not sustainable and ultimately we are better served by our wild fish.

Related article: Fish farming court order confounds federal government

Comments

glen p robbins
Sometimes things are more simple than they appear. We have one image of salmon hopping on their belly's a couple of miles upstream--with bears and others waiting to catch and eat them--natural--this goes on for decades, centuries, and then the salmon are in a pen. It isn't natural.

Fish farms are one example of why provincial governments should not have unilateral say over environmental assessments--sometimes those governments--like Gordon Campbell's cannot be trusted to look after the public interest.

I certainly wouldn't trust this government to look after the environment without the courts or other level of government keeping matters in check.
 
dennis shewchuk
alexandra morton deserves the order of canada for her unselfish work. these are the kind of people we need running our fisheries. not the idiots in ottawa.
 
fishy
well done everyone! Now keep up the pressure to remove farm fish from our tables everywhere. Go Wild!!
 
Mary
So, let me get this straight. If we all stop eating farmed fish.... we'll all eat wild fish. How on earth are the wild stocks going to sustain the world's insatiable appetite for fish when our current pressures on wild stocks (don't get me started on the environmental impacts of commercial fishing) are having devistating effects on the wild populations. So now the poor wild fish have to contend with us overfishing them and climate change????

Why is it no one cares that we eat farmed everything else? Because there are no wild chicken stocks? No wild cow populations?
 
Jenn f
How can someone receive the Order of Canada if they are an American who is paid to promote Alaska salmon at the expense of our BC salmon farmers? She has a skill in ignoring anything that doesn’t agree with her goal of creating one big park for her American friends.
 
eastcoaster
Why is your waters in BC and fishery more important then Atlantic Canada?Here they have been openly throwing chemicals with no tarps,smuggling even illeagal ones in from USA,to hiring former provincal and federal employees to keep them in business or help hide the facts of this irresponsible industry here.
They neither care about their employees who handle these chemicals or the enviroment. We as owners of the ocean leases have to standup,time to sue all levels here involved,it been going since the nineties the dumping of chemicals,but from the begining this industry filled with government corruption
 
Jayne
It is not a long term win for the environment but a short term pause that does not help the wild Salmon stock because they are still under pressure for the fisheries as demand for the popular omega 3 source continues, the demand is not frozen, world demand increases at 9% p.a for Salmon.

Sustainable farming is necessary to supplement the growing demand for salmon and prevent over fishing of wild stock. There has to be a balance and farmers in BC are at the forefront of sustainable practices. All salmon farms in BC are required to run a sea lice monitoring program, which they manage under strict protocol and sea lice levels are continuously low.

The inquiry by the DFO is a very important issue as the salmon farming industry represents over 6000 jobs and is worth almost half a billion dollars to BC's economy. I look forward to the inquiry findings and I hope both the Salmon Fishing and Salmon Farming industries both comply to increase the sustainability of the wild Salmon Stock.

As for the un-related Target decision. Please it’s time to put your swords away because the wool is being pulled over our eyes.

Target is jumping on the green bandwagon for some cheap PR. But has anyone questioned Target’s consideration of a long-term strategy towards sustainable salmon supplies? Billion dollar conglomerates cannot be allowed to make unfounded policy decisions over an endangered species. It’s ridiculous to think that wild salmon stocks will be over fished without sustainable farming.

Unfortunately, the environmentalists leading the publicity of this campaign forgot to think about both Biology & Economics. They are naí¯ve to think that Target is doing this for the environment. We are naí¯ve to blindly follow any environmentalists that have not thought about the economics behind this decision. STOP! Go back it’s a trap!

Please stop the internal bickering between Wild vs Farmed Salmon and consider why Target would become so environmentally friendly all of a sudden. There are many more actions that they could be pursuing that would have a much more dramatic impact.

Thanks and let hope the DFO can return Salmon stocks to a sustainable level for the long term.
 
bob milne
Science and or scientists will never be able to prove the source of sea-lice on juvenile wild salmon.The inter-relationships are just way too complicated. To deduce any truth from all of the science done thus far on the subject is simply impossible. Fact is that the planktonic stages of the louse in question(L. salmonis) is between 40-72 days before it begins to seek a host .To think that these untold millions of planktonic animals somehow defy their nature and stay at their source( the fisn farm) and the surrounding area would defy all that is known about marine biology.
Only an emotionally super-charged pseudo-scientist would claim causal relationships so prematurely.I think that by now we all now how Alex Morton feels about fish farms.Maybe its time to look at the issues more objectively.
Take all the emotion out of these issues and forget about the idea of the pristine environment that once was.If one takes a look at the source for anti-salmon farming sentiment in this province; it all comes back to one main source. Alex Morton and her ever-increasing bandwagon of pseudo-scientists that are willing to forego the rigors of performing good science . Science that is biased from the getgo by setting out to prove the alarmist/sensationalist dribble she has been spouting for decades. Maybe just for one minute we should take an objective look at what our provincial and federal governments are doing and saying about the issue of sea-lice. Can we really keep on believing that MAFF and DFO pander to corporate greed in a conspiracy so large as to include hundreds,possibly thousands of bona fide scientists and bureaucrats.Wake up and smell the fish.....Bob Milne
 
 
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