BC salmon farmers disappointed after court rejection of farm closures' appeal

Despite the discouraging news, they believe there is still a collaborative path forward with the current Minister of Fisheries, Oceans and the Canadian Coast Guard.
Salmon farm in British Columbia.

Cermaq Canada, Mowi Canada West, and Grieg Seafood British Columbia pointed out they "will continue to focus on working within the broader transition framework and to support a responsible plan for the future of aquaculture in British Columbia."

Photo: BC Salmon Farmers Association (BCSFA).

"Disappointed." This is the adjective chosen by both the BC Salmon Farmers Association (BCSFA) and the companies Cermaq, Mowi, and Grieg Seafood to describe their state following the court rejection of the appeal against the closure of British Columbia's Discovery Islands fish farms ordered by the former Minister of Fisheries, Oceans and Coast Guard, Joyce Murray.

The court decision

The judicial review referred to in the judgment was brought by the We Wai Kai and Wei Wai Kum First Nations, along with Cermaq Canada, Mowi Canada West, and Grieg Seafood British Columbia, following former DFO Minister Joyce Murray's decision not to renew the licenses of fifteen open-net Atlantic salmon aquaculture facilities in the Discovery Islands, within the traditional core territory of the Laich-kwil-tach and Klahoose peoples.

The appeal, to which the Federal Court now responds through the decision written by Judge Paul Favel, was filed in August 2023, six months after Murray announced his decision and sixteen months after the Court reversed the initial decision.

According to information published by local media The Canadian Press, the judge found that Murray complied with the "requirement of the duty to consult" and "did not breach the operators' rights of procedural fairness." Favel also stated that the federal decision citing the uncertain risks posed by fish farms to wild salmon was "reasonable."

In a statement to the same media, the open-net fish farming opponent group Wild First said the Federal Court decision is a "vindication" of Murray's move. Its president, Tony Allard, stated the former minister "took the trouble to learn about the science that her department officials have been suppressing or ignoring and made the right call," adding that they are indebted to her for taking decisive action to protect wild salmon.

It is worth mentioning that a few months ago, Wild First saw one of its ads claiming wild Pacific salmon are "on the brink of extinction" removed from radio after being considered misinformation.

The salmon industry's response

The disagreement between Wild First and aquaculture farmers over whether or not the science supports Murray's decision is not new. When the former minister ordered the closure of salmon farms in the Discovery Islands, the companies agreed the decision was against DFO's own science.

As said above, "disappointed" is the word most repeated by the BC salmon industry after learning of the court ruling, however, along with it, all reactions coincide in maintaining hope. Although issued separately, the statements from Cermaq Canada, Mowi Canada West, and Grieg Seafood British Columbia coincide in pointing out that they "will continue to focus on working within the broader transition framework and to support a responsible plan for the future of aquaculture in British Columbia."

For its part, the BC Salmon Farmer Association stated that its members are committed to working with all levels of government, the rights-holding First Nations in whose territories they operate – the BCSFA advocates for an indigenous-led transition plan -, and various other stakeholders "to continue on a responsible, realistic, and achievable path forward."

"While this news is disheartening, there is still a collaborative pathway forward with the current Minister of Fisheries, Oceans and the Canadian Coast Guard, the Honourable Diane Lebouthillier, as this decision was made by the preceding minister and will not impact the future delivery of a responsible transition plan or the upcoming licencing decision," the BCSFA said in a statement emailed to WeAreAquaculture.

Historically, Cermaq operated three sites located within the traditional core territory of the Laich-kwil-tach and Klahoose peoples, Grieg Seafood had one farm in this area, and the remaining eleven sites were operated by Mowi. The industry is now awaiting a final decision from the Government of Canada for the remaining salmon farms in British Columbia.

In fact, after learning in February that proposed revisions to Canada's marine finfish aquaculture regulations could include longer license durations - a decision expected before the end of June -, the Canadian aquaculture industry, the Kitasoo Xai'xais Nation, and the aquaculture supply and support companies at risk have all forward letters urging Prime Minister Trudeau to renew them immediately.

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