Province Announces Transitional Policy for Aquaculture
NEWS RELEASE
For Immediate Release
Jan. 28, 2010
Ministry of Agriculture and Lands
VICTORIA - The Province has placed a moratorium on issuing new finfish
aquaculture licences and will no longer be accepting new applications
for shellfish aquaculture, following Tuesday's B.C. Supreme Court
ruling. The province will also negotiate the regulatory transfer of
shellfish aquaculture to the federal government in addition to the
transfer of finfish aquaculture currently underway, Agriculture and
Lands Minister Steve Thomson announced today.
"The purpose of this moratorium is to both meet the spirit of the
recent B.C. Supreme Court ruling while ensuring a smooth transition of
aquaculture regulation to the federal government," said Thomson.
"Negotiating the regulatory transfer of shellfish in addition to the
court ordered transfer of finfish aquaculture will ensure B.C.'s
aquaculture industry has an efficient and unified regulatory system."
On Tuesday the B.C. Supreme Court granted an extension to the transfer
deadline for finfish aquaculture to federal regulation until Dec. 18,
2010. As part of this extension, the Court ordered a suspension on
approvals of all new marine finfish licenses in B.C.
In addition, the Province is also announcing it will no longer be
accepting new applications for shellfish aquaculture licenses and will
only process those applications received prior to Jan. 26, 2010.
Furthermore, the Province has announced its intention to negotiate the
transfer of shellfish aquaculture regulation to the federal government.
This decision will enable the federal government to become the single
regulator for aquaculture, while the Province retains management over
Crown land.
"By moving towards a transfer of shellfish aquaculture regulation, we
are laying the foundation for a more efficient aquaculture management
system," said Thomson. "Our aim is to work with the federal government
to create a streamlined aquaculture regulation that sustainably manages
B.C.'s aquaculture sectors."
In February 2009, the B.C. Supreme Court ruled that marine finfish
aquaculture is a fishery and a matter of federal jurisdiction. The
court directed the transfer of administration and regulatory control to
the federal government.
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A backgrounder follows.
BACKGROUNDER
For Immediate Release
2010AL0004-000103
Jan. 28, 2010
Ministry of Agriculture and Lands
NEW FINFISH AND SHELLFISH POLICY
FINFISH POLICY
The Province is placing a moratorium on issuing new finfish aquaculture
licences and tenures.
The Province will continue to process applications from existing
licensees, on existing tenures, that do not result in an overall
increase in annual production.
The Province will also continue to renew existing tenures according to
established procedures for decision, as part of our obligation and duty
under the B.C. Land Act.
As freshwater and non-tidal aquaculture are subject to further
federal-provincial discussions, no restrictive actions are being taken
on this sector at this time.
There are seven applications for new finfish sites currently being
adjudicated that will be suspended as a result of this moratorium and
the court decision.
SHELLFISH POLICY
The Province will continue to make decisions according to established
procedures on shellfish applications that have been received before
Jan. 26, 2010.
There are 42 applications for new shellfish sites that will continue to
be adjudicated.
No applications for shellfish aquaculture received after Jan. 26, 2010
will be accepted.
Note: "Established procedures for decision" include biological,
bio-physical and environmental assessment, referral to federal and
provincial agencies and local government and potentially affected
parties such as fishing organizations, marine carriers and First
Nations consultation.