OldBlackDog
Well-Known Member
The B.C. Supreme Court ruled Monday the federal government — not the province — has exclusive jurisdiction over the management of salmon farming, a landmark decision hailed as a victory for the future of wild stocks.
“The regulation of fish farming by the province is ultra vires, beyond its power,” said a triumphant Greg McDade, the lawyer who pursued the case on behalf of independent sea-lice researcher Alexandra Morton and others.
“It means for 20 years, the province has been unlawfully regulating it.”
McDade said in an interview the court found that “fish farms are not farms at all. They are fisheries. There is no private right of fishery in the ocean. These (farms) occupy areas that are meant for the rearing of wild salmon — and that can only be authorized by the federal Parliament.”
Ian Roberts of Marine Harvest, a Norwegian company that represents about half of the B.C. industry (80,000 tonnes in 2007), said salmon farms already work with both senior governments and are not concerned if Ottawa takes over responsibility from the province.
Roberts said the industry is committed to “stringent standards” and sustainability on the B.C. coast.
Salmon farming in ocean net pens has been the subject of long-standing concerns related to transferring disease and lice to wild stocks, pollution, and the escape of non-native Atlantic salmon.
Morton, who has led the fight against salmon farms in the Broughton Archipelago, expressed hope for wild salmon because the federal fisheries department is “mandated to put wild salmon first.”
Justice Christopher Hinkson suspended his decision for 12 months to allow the senior governments to sort out the transfer of power.
He said in his written decision 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.”
Hinkson added that the “national resource of the fisheries is not a matter that should or can be left to a level of government other than Parliament.”
Michelle Imbeau, communications officer for federal fisheries, said in Vancouver that Ottawa would not immediately comment on the ruling. She noted that the senior governments signed an aquaculture development memorandum of understanding related to management of salmon farming in 1988.
Ron Cantelon, B.C.’s newly appointed minister of agriculture and lands, with responsibility for aquaculture, said the court decision was under review by the provincial attorney-general’s office and he hoped to be able to comment within a week.
“I’m not a lawyer,” he said from Victoria. “Until I hear back from them, I can’t say.”
Morton said the province should be happy to get rid of the controversial salmon-farming portfolio in the run-up to a provincial election in May. It has 30 days to launch an appeal.
In 12 months, the applicable sections of the B.C. Fisheries Act, Farm Practices (Right to Farm) Act, and the various associated regulations cease to have any effect.=
Morton was joined in her court challenge by the Wilderness Tourism Association, the Area E Gillnetters Association, the Fishing Vessel Owners Association and the Pacific Coast Wild Salmon Society.
She specifically created the society to raise $60,000 to fund the court case, heard over four days ending Oct. 2. The federal government did not participate in the case.
McDade said the province’s rights in salmon farming are now limited to collecting taxes or seabed lease fees.
lpynn@vancouversun.com
© Copyright (c) The Vancouver Sun
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Alexandra Morton and lawyer Greg McDade talk to the media outside B.C. Supreme court in Vancouver after the ruling that fish farms fall under federal jurisdiction.
Photograph by: Ward Perrin, Vancouver Sun
“The regulation of fish farming by the province is ultra vires, beyond its power,” said a triumphant Greg McDade, the lawyer who pursued the case on behalf of independent sea-lice researcher Alexandra Morton and others.
“It means for 20 years, the province has been unlawfully regulating it.”
McDade said in an interview the court found that “fish farms are not farms at all. They are fisheries. There is no private right of fishery in the ocean. These (farms) occupy areas that are meant for the rearing of wild salmon — and that can only be authorized by the federal Parliament.”
Ian Roberts of Marine Harvest, a Norwegian company that represents about half of the B.C. industry (80,000 tonnes in 2007), said salmon farms already work with both senior governments and are not concerned if Ottawa takes over responsibility from the province.
Roberts said the industry is committed to “stringent standards” and sustainability on the B.C. coast.
Salmon farming in ocean net pens has been the subject of long-standing concerns related to transferring disease and lice to wild stocks, pollution, and the escape of non-native Atlantic salmon.
Morton, who has led the fight against salmon farms in the Broughton Archipelago, expressed hope for wild salmon because the federal fisheries department is “mandated to put wild salmon first.”
Justice Christopher Hinkson suspended his decision for 12 months to allow the senior governments to sort out the transfer of power.
He said in his written decision 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.”
Hinkson added that the “national resource of the fisheries is not a matter that should or can be left to a level of government other than Parliament.”
Michelle Imbeau, communications officer for federal fisheries, said in Vancouver that Ottawa would not immediately comment on the ruling. She noted that the senior governments signed an aquaculture development memorandum of understanding related to management of salmon farming in 1988.
Ron Cantelon, B.C.’s newly appointed minister of agriculture and lands, with responsibility for aquaculture, said the court decision was under review by the provincial attorney-general’s office and he hoped to be able to comment within a week.
“I’m not a lawyer,” he said from Victoria. “Until I hear back from them, I can’t say.”
Morton said the province should be happy to get rid of the controversial salmon-farming portfolio in the run-up to a provincial election in May. It has 30 days to launch an appeal.
In 12 months, the applicable sections of the B.C. Fisheries Act, Farm Practices (Right to Farm) Act, and the various associated regulations cease to have any effect.=
Morton was joined in her court challenge by the Wilderness Tourism Association, the Area E Gillnetters Association, the Fishing Vessel Owners Association and the Pacific Coast Wild Salmon Society.
She specifically created the society to raise $60,000 to fund the court case, heard over four days ending Oct. 2. The federal government did not participate in the case.
McDade said the province’s rights in salmon farming are now limited to collecting taxes or seabed lease fees.
lpynn@vancouversun.com
© Copyright (c) The Vancouver Sun
PreviousNext
Alexandra Morton and lawyer Greg McDade talk to the media outside B.C. Supreme court in Vancouver after the ruling that fish farms fall under federal jurisdiction.
Photograph by: Ward Perrin, Vancouver Sun
