BC Supreme Court delivers ruling in fish farming c

[gimp]

No foam here =) I just call them like I see them. I read what you posted don't get me wrong. Please don't assume that I didn't read your entire post. You know what they say about people that make assumptions. You are right its a Victory for those opposed to open pen fish farming. How big a victory is up to the individual you can down play it and I can rejoice we will know more in the future. For now i was hoping you would care to share with us the differences in regulations in Canada, Chile & Norway.

[agentaqua]

quote:Originally posted by sockeyefry

Actually I suspect that this ruling will be overturned on appeal.

This has too many far reaching consequences in Federal and provincial relations though out the entire country to stand for too long.

Funny how things go, but the aquaculture people have been trying to get recognised as agriculture and away from DFO for years. This would have removed DFO from its conflict position. The only reason that aquaculture is in DFO is because way back when it all started in the 70's the only government department with any experience was DFO and its Hatchery people.

BTW, just because DFO has to put wild first, does not mean that they will stop any activity, including rec angling if they do not see it as a detriment. The ruling does not really mean anything with regard to aquaculture.

One bright light is there should be plenty of new jobs created at DFO to look after the fish farms.

I am flabbergasted as to how a judge can rule that a fish farm is a fishery. Kind of like calling a beef ranch a hunting preserve.

sockeyefry - If you're so interested - you should read the full judgement. It's like 76 pages long - about 10 times the length of most decisions.

In it, there are very specific legal reasons for the "fishery" designation. They all make sense to me, when I read them. Maybe you (and others on this forum) would find it enlightening, as well.

[gimp]

Agent can you provide me with a link to the 76 page ruling as I am unable to locate it also here's some more news.

VANCOUVER, B.C. — Federal NDP fisheries critic Peter Julian says he is "appalled" that the federal government doesn't have a contingency plan in place after the B.C. Supreme Court ruled Ottawa should take over management of the controversial salmon farm industry.

The Supreme Court declared this week that the federal government, not the province, should regulate fish farms because it has jurisdiction over the ocean.

The ruling gave Ottawa a year to bring in new legislation so fish farms can be licensed by the federal Fisheries Department.

In Ottawa on Wednesday, Julian asked Fisheries Minister Gail Shea what the Conservative government plans to do as a result of the ruling, which he said was expected for months.

Under fire in the House of Commons, Shea said the government could not have known what would happen until the ruling was formally declared just a few days ago, but Julian said the government should have been prepared.

"I am absolutely appalled that on an issue that is so important to British Columbia, the ministry of fisheries and the minister have obviously done no preparatory work whatsoever," Julian, the MP for Burnaby-New Westminster, said in an interview.

"They've been given responsibility. You would expect them to have in place a contingency plan for just the possibility of that decision going the way it did."

For now, Shea said Ottawa and Victoria will continue to work together to jointly manage the aquaculture industry.

"We do have a one-year window to work with the province of B.C. and we will be doing that," she said in the Commons.

Shea said the government has set aside $1 billion for communities in need and if there is a need in the B.C. salmon industry, those funds are available.

Julian said British Columbians deserve better.

"It's very clear that no thought has gone into this whatsoever," he said.

Ottawa delegated responsibility for licensing fish farms to the provinces in the late 1980s.

In B.C., fish farms are currently licensed by the provincial Agriculture Ministry. In New Brunswick, which also has a large fish-farming industry, they're regulated by the department of Agriculture and Aquaculture.

Fish farm critics say sea lice from the open net-cage farms have been killing wild salmon who migrate past them.

Julian said that with the serious environmental concerns fish farms are facing, he'd like to see the federal government move to a plan that provides transition funding for closed containment of fish farms.

[gimp]

Gail Shea the Minister of Fisheries and Oceans in Ottawa.
(Min@dfo-mpo.gc.ca)

[agentaqua]

quote:Originally posted by gimp

Agent can you provide me with a link to the 76 page ruling as I am unable to locate it

try: http://huffstrategy.com/MediaManager...693_Motion.pdf

the judge explains his reasoning starting on page 43, and his reasoning on the fishery designation starting on page 47 - 55.

That's where the meat of this decision is, for those who want to zero-in on the judgement, rather than reading the entire report.

[Gunsmith]

You know sockeye fried I took your advice and started educating myself on this subject.
First I looked up the feed that you said came from South America. Hmmm you stated that it did not come from fish byproducts... not wrong not totally right. More like by catch as the major composition, by products is also part but studies have not put a number on this.
Oh also checked to see if Canada was making any feed and they seemed to mention in this study that the feed was not fish meal but poultry by-products.
This is just part of the study by West Coast Aqua culture had done.
Amazing what you can find on google eh?
You like to make your smug comments as if you know everything well I will be on your ass after every smug comment with answers and proof.
I would think that your efforts in salmonid enhancement programs would be more appreciated and have more positive results than supporting a destructive program such as salmon farming.

[sockeyefry]

Gun,

You are seriously starting to become incoherent. What are you talking about?

Actually I have worked in salmonid enhancement, about 10 years. Raised everything from brook trout to sockeye. Done a lot of stream enhancement work and even used the odd vibert box.

Aqua, Thanks for the link, I shall have a read.

[fishingbc]

anyone know if this decision covers all aquaculture (scallops, oysters etc)

[Gunsmith]

You have a short memory you make statements and then forget them. Tell me you must be senile. You call me incoherent when you have no response to what I have to say.