FOPO Committee Report

RECOMMENDATION 1

That the federal government enact a federal Aquaculture Act that will:

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recognize in law aquaculture as a legitimate user of aquatic resources;

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provide a legal definition of aquaculture;

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set out the rights and obligations of fish farm operators;

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recognize that aquaculture is not a fishery per se but is a form of animal husbandry;

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provide the legal basis for an appropriate policy framework;

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adopt a definition of “sustainable development” as follows:

Development that meets the needs of the present without compromising the ability of future generations to meet their own needs;²¹

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adopt a definition of the “precautionary principle” as follows:

Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation;²²

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strive to consolidate statutes governing aquaculture so as to avoid duplication and unnecessary bureaucracy; and

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provide regulation-making powers to consolidate and streamline regulations applicable to aquaculture within a comprehensive set of federal aquaculture regulations.

RECOMMENDATION 2

That regulations be developed pursuant to a federal Aquaculture Act that will:

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provide a clear set of standards for operators, other stakeholders and the public;

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ensure transparency, consistency and public accountability of all regulatory processes;

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ensure consistent application of high national standards for aquaculture across Canada; and

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provide long-term stability to the industry and encourage responsible and sustainable growth of the industry.

RECOMMENDATION 3

That Fisheries and Oceans Canada allocate the necessary financial and human resources to ensure compliance of marine fish farm operations with federal environmental regulations; and, where provincial and territorial regulations exist, that DFO work with the provinces and territories to ensure that their standards, monitoring and enforcement are fully consistent with federal standards. In order to help fund these activities, DFO should establish cost-sharing mechanisms with the industry on the basis that it is being granted access to a public resource.

RECOMMENDATION 4

That the federal government establish a mechanism to ensure that sanctions are imposed on aquaculture operators who are not in compliance with federal regulations. Such a mechanism should include “whistle blower” protection for industry and government employees.

RECOMMENDATION 5

That the federal government promote a system of continual environmental improvement for aquaculture, such as the ISO 14001 standard and that Canada advocate such a system internationally to create a more “level playing field.”

RECOMMENDATION 6

That the provisions of the Fisheries Act, the Navigable Waters Protection Act and the Canadian Environmental Protection Act be applied to all existing and future aquaculture facilities; and

That DFO fulfill its responsibility to safeguard wild fish stocks and marine resources by acting as the public watchdog of both the aquaculture and commercial fishing industries.

RECOMMENDATION 7

That DFO assert federal constitutional authority over the protection of fish and fish habitat;

That the federal government negotiate with the provinces and territories over areas of shared jurisdiction to ensure that the regulatory roles, responsibilities and accountability of both levels of government be made clear; and

That in the absence of agreement with the provinces and territories within a reasonable timeframe, DFO urge the Governor in Council to seek a reference to the Supreme Court of Canada under section 53 of the Supreme Court Act.

RECOMMENDATION 8

That administrative agreements between the federal and provincial/territorial governments be reviewed with respect to effectiveness and compliance every five years or sooner if there is a concern expressed by either level of government.

RECOMMENDATION 9

That the respective roles and responsibilities of the Office of the Commissioner for Aquaculture Development (OCAD) and the Department be clearly defined in order that it is understood that the OCAD’s role is to foster development of the industry while the role of the Department is to protect wild fish and their habitat through regulation monitoring and enforcement of the industry.

RECOMMENDATION 10

That the federal government adopt an integrated, coastal zone management approach to aquaculture, as mandated by the Oceans Act that would determine the most suitable locations for aquaculture development and other oceans industries and that would help to:

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integrate the industry with coastal communities, include local decision making, and ensure that local communities benefit from aquaculture activities;

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develop the industry in an orderly manner to preserve the environment and ecosystems in partnership with coastal communities and other stakeholders;

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promote communications between stakeholders, reduce and mitigate potential user conflicts, and enhance public awareness of the social and economic benefits of the industry; and

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develop mutually beneficial links between the aquaculture industry and the traditional fishery.

RECOMMENDATION 11

That nationwide standards and regulations to minimize escapes from net pens should be adopted. These should include:

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Independent monitoring of all farm operations;

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Maintenance of containment system records,

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Tracking of inventory and losses,

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An identification system for all farmed fish;

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Immediate reporting of any escapes;

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Active recovery efforts; and

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Operating licences tied to compliance, with fines or loss of licence for escaped fish.

In addition, that DFO, in cooperation with its partners, intensify research into reducing the number of fish escaping from aquaculture facilities and promote the adoption of the results of such research.

RECOMMENDATION 12

That the number of annual surveys of rivers under the Atlantic salmon watch program be expanded on the West Coast and that a similar program be introduced on the East Coast.

RECOMMENDATION 13

That the Department of Fisheries and Oceans give a high priority to the development and implementation of a National Aquatic Animal Health Program to provide for:

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the early detection and mandatory reporting of diseases for farmed aquatic animals;

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regulations for the proper disposal of dead and diseased fish; and

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a system of compensation to farmers for ordered eradications to support effective disease management similar to that given to other livestock farmers.

RECOMMENDATION 14

That the Department of Fisheries and Oceans promote lower stocking densities and continued preventive fish health practices such as effective vaccines and vaccination protocols to reduce the incidence of disease in net pens.

RECOMMENDATION 15

That DFO and the industry promote the development and use of improved methods to control sea lice, including better husbandry techniques, fallowing farms, developing louse-resistant strains of salmon, and non-chemical treatment methods; and

That the recommended National Aquatic Animal Health Program explicitly includes a requirement for monitoring and reporting sea lice levels on farmed fish, as well as specifying maximum allowable sea lice burdens.

RECOMMENDATION 16

That DFO develop environmental performance regulations explicitly for the finfish aquaculture industry under either a new Aquaculture Act or, in the interim, either the Fisheries Act or the Canadian Environmental Protection Act to control the output of nutrients and other wastes into marine waters from aquaculture operations.

RECOMMENDATION 17

That, for marine areas with high concentrations of fish farm operations, a precautionary approach be adopted with respect to farm density and overall production limits until such time as scientific research can determine the capacity of the system to assimilate wastes, nutrients and other chemical products deposited from farms. If it is determined that an area cannot maintain its biological integrity at a given production level, then either total production must be scaled down or more stringent discharge limits implemented for fish farms.

RECOMMENDATION 18

That, as far as possible, any federal, provincial and territorial regulations allowing deposition of wastes be harmonized; and

That where provinces and territories have developed their own environmental performance regulations, DFO determine whether such regulations meet federal performance standards and, if they do not, ensure that the more stringent federal standards apply.

RECOMMENDATION 19

That DFO conduct an exhaustive investigation into the effects of siting netcage fish farms on adult and juvenile salmon migratory routes, as well as on fish rearing grounds. In particular, safe and acceptable distances between the sites of farms and the prohibited siting areas should be determined, taking into consideration data from, and standards in place in, other countries; and

That the licensing authorities be urged, in the strongest possible terms, that the granting of additional salmon farm licences proceed with extreme caution until such a study has been completed.

RECOMMENDATION 20

That governments dedicate funds for research on the environmental effects of netcage systems, and the improvement of closed containment technology. These new systems should be phased in on a trial basis.

RECOMMENDATION 21

That the federal government support the aquaculture industry in its efforts to diversify the species cultivated with a view to reducing the industry’s reliance on imported fishmeal and fish oil; and

That the federal government promote the research and development of feeds that use a greater proportion of plant-based proteins and oils.

RECOMMENDATION 22

That aquaculture operators be required to report drug and pesticide use for each farm site.

RECOMMENDATION 23

That the Canadian Food Inspection Agency increase the effectiveness of its monitoring program to ensure the safety of aquaculture products by expanding its testing of all drug and contaminant residues, and by providing the results in a timely manner. Moreover, actions such as public advisories and removal of products from the marketplace must be taken when maximum levels are exceeded.

RECOMMENDATION 24

That Health Canada brings its PCB and dioxin guidelines into line with the recommended international standards.

RECOMMENDATION 25

That the Canadian Food Inspection Agency (CFIA) conduct a more extensive survey of the comparative levels of environmental toxins in farmed fish and fish feeds.

RECOMMENDATION 26

That the Department of Fisheries and Oceans focus its ongoing aquaculture research programs on improving understanding in the following areas:

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the effects of the netcage fish farming industry on wild fish stocks;

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the potential environmental and ecological effects of an expanded fish farming industry;

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fish health issues;

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the socio-economic effects of fish farming; and

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policy and governance issues related to aquaculture.