Aquaculture in the Pacific Region - Frequently Asked Questions

• What is role of the Province of B.C. in aquaculture now?
• How has DFO’s role in aquaculture in B.C. changed?  
• Tenures and Licences
  • Do aquaculture operations still need provincial leases and tenures?
  • How long will the federal aquaculture licence be valid for?
  • What if aquaculture companies do not apply for a licence and subsequently fail to receive an aquaculture licence from DFO by December 18, 2010?
  • Will enhancement facilities (hatcheries) require a new federal aquaculture licence?
  • How will licence conditions between enhancement facilities and other finfish facilities compare?
  • What is the cost of a federal aquaculture licence?
  • Do companies and organizations that operate multiple aquaculture sites need federal licences for each site?
•  Licence Conditions
  • What is the purpose of licence conditions?
  • How will DFO be evaluating compliance with licence conditions?
• Consultations
  • What has DFO done to consult with First Nations on aquaculture and the new Regulations?
  • How did DFO publicly consult on the transition of the aquaculture regulatory system from provincial to federal jurisdiction?
• Policies and Procedures
  • How will the regulatory transition affect aquaculture businesses?
  • Is DFO accepting applications for new aquaculture sites or applications for changes to existing aquaculture sites?
  • What tools is DFO using to ensure environmental and economic sustainability of aquaculture in B.C.?
  • What does the regulatory transition mean for environmental protection?
  • Are Fish Health Management Plans required for other aquaculture sectors or just marine finfish?

What is role of the Province of B.C. in aquaculture now?

The Province of B.C. continues to play a key role in the management of aquaculture in British Columbia. The provincial government will continue to issue tenures where operations take place in either the marine or freshwater environment, licence marine plant cultivation, and manage business aspects of aquaculture such as work place health and safety within the province.  It also continues to have an interest in the prosperity and sustainability of the aquaculture sector.

How has DFO’s role in aquaculture in B.C. changed?  

DFO’s expanded role in aquaculture means the federal government is now responsible for the regulation and management of aquaculture in British Columbia, as well as for enforcing the Pacific Aquaculture Regulations and applicable conditions of licence under the Fisheries Act.  

The new B.C. Aquaculture Regulatory Program includes a range of new activities for the Department related to aquaculture, including public reporting on fish health, enforcement and compliance, and the overall management of aquaculture in the province. This represents a significant expansion of DFO’s regulatory role and responsibilities. While DFO’s regulatory role has expanded with the introduction of the B.C. Aquaculture Regulatory Program, the Department will continue to support the sustainable development of the aquaculture industry in the same way we support the sustainability, international competitiveness and economic viability of wild capture fisheries. DFO will continue to be an active steward and manager of the aquaculture sector in B.C. 

Tenures and Licences

Do aquaculture operations still need provincial leases and tenures?    

Yes. The Province of B.C. continues to have authority over land and foreshore use, so if an aquaculture operation required a provincial lease or tenure in the past, it will continue to need one to comply with provincial law.  Aquaculture operations may also need a provincial ‘business’ licence to conduct the business of aquaculture.

How long will the federal aquaculture licence be valid for?

• The validity period of federal aquaculture licences will vary depending on the type of aquaculture operation.  To start, DFO is staggering the licence validity of the different licence classes that exist under the B.C. Aquaculture Regulatory Program. By doing so, we will ensure that aquaculture facilities will require their licences to be renewed at different times, which will help us to provide better service to clients needing renewals. The initial validation period for federal aquaculture licences is:
  • Finfish – 12 months
  • Shellfish –  13 to 15 months
  • Freshwater – 16 to 20 months
• The new regulatory regime will create regulatory efficiencies for the aquaculture industry, by combining the federal permits required under the former regulatory approach into a single licence and bringing the regulation of the industry under the Fisheries Act, while setting the conditions to ensure that the industry is environmentally responsible and sustainable.
• DFO will evaluate its licensing approach and determine the most appropriate validity period for licences within the first two years of the new B.C. Aquaculture Regulatory Program being in place. It will consider advice from licensees, stakeholders and the public as part of this evaluation.

What if aquaculture companies do not apply for a licence and subsequently fail to receive an aquaculture licence from DFO by December 18, 2010? 

If an aquaculture operation fails to apply, or fails to obtain a licence, they will not be able to lawfully conduct aquaculture activities or to sell their product to processors/markets.

Will enhancement facilities (hatcheries) require a new federal aquaculture licence?

All federally-operated enhancement facilities will to be licensed by December 18, 2010.   In order to allow adequate time for consultation and the development of a licensing approach that suits the unique nature of their operations, enhancement facilities operated by First Nations and community groups will be licensed next year (2011).

How will licence conditions between enhancement facilities and other finfish facilities compare?

The conditions of licence for enhancement facilities will address the same regulatory requirements that are in place for other types of aquaculture operations, but will be tailored to address the particular management needs of enhancement facilities.

What is the cost of a federal aquaculture licence?

A fee structure for aquaculture licences is still being developed.  DFO is working with Treasury Board on licence fees for aquaculture under the User Fee Act and a fee structure will not be in place by December 18, 2010. Once it is ready, stakeholders will be notified of opportunities to provide their views on a draft fee structure.

Do companies and organizations that operate multiple aquaculture sites need federal licences for each site?

Yes. Licences are for the operations of a specific aquaculture site. Companies and organizations with multiple sites will need a licence for each one.

Licence Conditions

What is the purpose of licence conditions?

• Licence conditions set out the specific operational and reporting requirements that licence holders must adhere to in order to operate legally and be in compliance with the Fisheries Act and regulations. They contain provisions to ensure that aquaculture sites are operated in an environmentally sustainable manner that minimizes the risk to wild fish stocks and fish habitat.
• Together with the regulations, licence conditions will be used to regulate and govern the aquaculture industry in B.C.  Failure to comply with licence conditions can result in investigation and enforcement actions under the Fisheries Act.
• Under the Pacific Aquaculture Regulations (PAR) anyone wishing to conduct activities of cultivation of fish in British Columbia will be required to hold a valid federal aquaculture licence issued pursuant to the Regulations.
• The Regulations give DFO the authority to licence aquaculture activities.  Similarly, the conditions of licence attached to licences allow us to ensure that aquaculture activities are in compliance with the Fisheries Act and regulations.

How will DFO be evaluating compliance with licence conditions?

• DFO has created a new Conservation and Protection unit of fishery officers whose primary role is to enforce compliance with the new Pacific Aquaculture Regulations. The unit is being established with new resources, not from re-allocations from the existing Conservation and Protection program, so it will create a substantial enforcement presence on the water that is focussed on aquaculture.
• Compliance will be achieved through a combination of activities including (1) unannounced site inspections by DFO staff, (2) site audit activities to compare reported data and actual data, (3) the use of a triage approach to select sites for inspections (e.g., based on compliance history, environmental performance, etc.), (4) public reporting of environmental and regulatory performance, and (5) use of warnings.
• DFO will have the ability to not approve the transfer of new fish to sites before certain environmental thresholds are achieved, to undertake prosecutions, and to require “site observers” where other measures prove insufficient to achieve compliance.

Consultations

What has DFO done to consult with First Nations on aquaculture and the new Regulations?

• DFO is committed to meaningfully engaging First Nations.  The Department has spent considerable resources to carry out 10 information sessions specifically for First Nations on the new Regulations.  The First Nations Fisheries Council (FNFC) and Aboriginal Aquaculture Association played a key role in facilitating these meetings, which all First Nations in B.C. were invited to attend.
• The FNFC prepared a report summarizing the input from First Nations at these sessions, and this input was considered by DFO when the Department drafted the proposed regulations (e.g. the ability to establish observer and guardian programs).
• DFO is currently working with First Nations on an Aquaculture Working Group, coordinated by the FNFC.
• Regional DFO staff have also been working directly with individual First Nations who have requested bilateral meetings to discuss any concerns or interests they might have regarding DFO’s plans for aquaculture.

How did DFO publicly consult on the transition of the aquaculture regulatory system from provincial to federal jurisdiction?

In November 2009, DFO issued a discussion document describing the nature of the issue and posing a series of strategic questions for comment.  Public workshops were held in Campbell River, Comox and separate workshops were held with First Nations.  Meetings were also held with the Coastal Alliance for Aquaculture Reform, with industry associations, individual companies and other stakeholders.  The Department received approximately 1,200 correspondence items through our website and by mail.

For more information on DFO aquaculture consultations, visit the Aquaculture Consultations website.

Policies and Procedures

How will the regulatory transition affect aquaculture businesses?

• In the short term, this transition will have little effect on how aquaculture businesses operate.  Production limits and environmental protection standards won’t change.  In the longer term, the regulatory change will lead to enhanced transparency and sustainability in the aquaculture industry.  There will be increased monitoring of the industry, and increased reporting requirements.  DFO will consult with licence holders on all proposed changes.
• The new regulatory approach will streamline federal administrative and regulatory requirements.   It consolidates existing federal permits and authorizations such as fish introduction and transfer licences, nuisance seal permits, rules about managing substances such as fish feed, faeces, bloodwater, transport water and waste water, habitat provisions, incidental catches, and the destruction of fish under the Fisheries Act.  This should simplify administrative responsibilities for aquaculturists.

Is DFO accepting applications for new aquaculture sites or applications for changes to existing aquaculture sites?

Yes, the Department has been accepting applications for new aquaculture sites or applications for changes to existing aquaculture sites since December 2010. However, decisions on applications for new marine salmon aquaculture sites and for substantial amendments to existing marine salmon aquaculture licences, where there is potential for a significant increase in the environmental footprint, will be postponed until the results of the Cohen Commission are known. Decisions will continue to be made on aquaculture applications such as:

• all categories of applications related to shellfish, freshwater, enhancement and non-salmonid marine aquaculture;
• applications for administrative, name change or technical amendments to marine salmon licences;
• applications for existing marine salmon farms which have been previously licensed by the Province but which do not yet have a federal licence; and
• applications for new sites that would replace an existing site, in the same area, where the new site may have a lower environmental impact at the equivalent production level.  

What tools is DFO using to ensure environmental and economic sustainability of aquaculture in B.C.?

• DFO will be developing Integrated Management of Aquaculture Plans (IMAPs) which are similar to the Integrated Fishery Management Plans (IFMPs) that govern wild fisheries.  IMAPs will publicly document management objectives for each major sector (e.g., finfish, shellfish), specific operational directives and other matters as appropriate for the management of the sector. 
• The development of IMAPs will include consultations with interested parties, stakeholders and First Nations and will integrate their advice, as well as environmental and social interests, into the management objectives for each aquaculture sector. 

What does the regulatory transition mean for environmental protection?

• As part of introducing the Pacific Aquaculture Regulations, the federal government has committed to improve regulatory efficiency, transparency, and increase the effectiveness of fish and fish habitat protection.
• It has further pledged to improving environmental monitoring and reporting as part of introducing these new regulations.

Are Fish Health Management Plans required for other aquaculture sectors or just marine finfish?

Shellfish and freshwater growers do not require Fish Health Management Plans (FHMP) in 2010/2011.  Depending on consultations and an evaluation of risks, FHMPs may be introduced to other aquaculture sectors in the future.