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http://www.vancouversun.com/news/Fa...dustry+jurisdiction+Ottawa/1370946/story.html
Farmed salmon giant appeals court ruling that hands industry jurisdiction to Ottawa
By Larry Pynn, Vancouver Sun March 9, 2009 6:01 PM
Marine Harvest Canada fish farm for Atlantic salmon at Doctor Islets in the Broughton Archipelago.
B.C.'s biggest producer of farmed salmon announced Monday it has launched an appeal of a landmark B.C. Supreme Court decision that found the federal government -- not the province -- has exclusive jurisdiction over the management of salmon farming.
Clare Backman, director of environmental relations for Marine Harvest Canada, argued that the court failed to recognize that farmed salmon are the property of the company and should not be characterized as a "fishery" to be managed by Ottawa.
Backman said in an interview that Marine Harvest already is required to meet both provincial and federal laws and is less concerned with which level of government assumes management responsibility for salmon farming.
What Marine Harvest seeks is clarification of the courts that domesticated salmon raised in net pens are owned by the company and are not a public resource in the same category as wild free-swimming salmon, he said.
Ron Cantelon, B.C. minister of agriculture and lands, said in response he does not expect the province to appeal and would continue to hold discussions with Ottawa over the next year.
"This process will be a healthy exercise," he said. "We have jurisdiction over the land and they have jurisdiction over the water and...they overlap significantly.'"
The province's decision came as news to Backman, who said: "That just means we'll continue to progress our aspects of it, I guess."
Justice Christopher Hinkson ruled Feb. 9 that "fish which are reared in fin-fish farms on the coast of British Columbia are either a part of the overall British Columbia Fishery or are a fishery unto themselves. In either case they fall under the jurisdiction of Parliament."
His ruling upheld a legal challenge led by salmon researcher Alexandra Morton with support from the Wilderness Tourism Association, the Area E Gillnetters Association, the Fishing Vessel Owners Association and the Pacific Coast Wild Salmon Society.
Morton said she is not surprised by Marine Harvest's appeal, arguing it is just another delay tactic. "This whole industry is an emperor with no clothes. They're unconstitutional."
Hinkson suspended his decision for 12 months to allow the senior governments to sort out the transfer of power.
Norwegian-owned Marine Harvest Canada says it employs 530 people and produces 40,000 tonnes of Atlantic salmon each year for customers in Canada, the U.S., and Asia.
lpynn@vancouversun.com
© Copyright (c) The Vancouver Sun
Jim's Fishing Charters
www.JimsFishing.com
http://ca.youtube.com/user/Sushihunter250
Farmed salmon giant appeals court ruling that hands industry jurisdiction to Ottawa
By Larry Pynn, Vancouver Sun March 9, 2009 6:01 PM
Marine Harvest Canada fish farm for Atlantic salmon at Doctor Islets in the Broughton Archipelago.
B.C.'s biggest producer of farmed salmon announced Monday it has launched an appeal of a landmark B.C. Supreme Court decision that found the federal government -- not the province -- has exclusive jurisdiction over the management of salmon farming.
Clare Backman, director of environmental relations for Marine Harvest Canada, argued that the court failed to recognize that farmed salmon are the property of the company and should not be characterized as a "fishery" to be managed by Ottawa.
Backman said in an interview that Marine Harvest already is required to meet both provincial and federal laws and is less concerned with which level of government assumes management responsibility for salmon farming.
What Marine Harvest seeks is clarification of the courts that domesticated salmon raised in net pens are owned by the company and are not a public resource in the same category as wild free-swimming salmon, he said.
Ron Cantelon, B.C. minister of agriculture and lands, said in response he does not expect the province to appeal and would continue to hold discussions with Ottawa over the next year.
"This process will be a healthy exercise," he said. "We have jurisdiction over the land and they have jurisdiction over the water and...they overlap significantly.'"
The province's decision came as news to Backman, who said: "That just means we'll continue to progress our aspects of it, I guess."
Justice Christopher Hinkson ruled Feb. 9 that "fish which are reared in fin-fish farms on the coast of British Columbia are either a part of the overall British Columbia Fishery or are a fishery unto themselves. In either case they fall under the jurisdiction of Parliament."
His ruling upheld a legal challenge led by salmon researcher Alexandra Morton with support from the Wilderness Tourism Association, the Area E Gillnetters Association, the Fishing Vessel Owners Association and the Pacific Coast Wild Salmon Society.
Morton said she is not surprised by Marine Harvest's appeal, arguing it is just another delay tactic. "This whole industry is an emperor with no clothes. They're unconstitutional."
Hinkson suspended his decision for 12 months to allow the senior governments to sort out the transfer of power.
Norwegian-owned Marine Harvest Canada says it employs 530 people and produces 40,000 tonnes of Atlantic salmon each year for customers in Canada, the U.S., and Asia.
lpynn@vancouversun.com
© Copyright (c) The Vancouver Sun
Jim's Fishing Charters
www.JimsFishing.com
http://ca.youtube.com/user/Sushihunter250
