Aquaculture Regulations in the Pacific Region

On February 9, 2009 the British Columbia Supreme Court (BCSC) ruled that elements of the existing provincial aquaculture management regime applicable to activities of cultivation of fish are beyond provincial jurisdiction.   

As a result, the BCSC struck down the existing B.C. provincial aquaculture licensing regime applicable to these activities and granted the federal government a one-year period to develop a federal regulatory regime.  The Court subsequently extended this one-year period by several months to December 18, 2010. 

The new regime initiated by DFO after extensive consultations ensures that new and existing aquaculture operations are able to obtain licences to operate lawfully under the Fisheries Act.

New Pacific Aquaculture Regulations, along with the applicable provisions of existing federal fishery regulations, such as the Fishery (General) Regulations (FGR), have replaced existing provincial regulations and some federal regulations that were previously applied in the management of aquaculture activities in British Columbia.

The Regulations work synergistically and provide for the management and regulation of aquaculture on the Pacific coast.

The Regulations establish a licensing regime, consistent with the regime for other fisheries managed by the DFO but tailor-made to address the uniqueness of the aquaculture sector in British Columbia. They apply to most aspects of aquaculture that were covered in the former provincial regulations, as well as those covered by the Marine Mammal Regulations, and individual Harmful Alteration, Disruption and Destruction (HADD) authorizations issued under section 35 of the Fisheries Act.

The new regulations are designed to provide a legal framework consistent with DFO’s mandate to manage fisheries and protect wild fish and fish habitat. They include provisions that will result in annual Integrated Management of Aquaculture Plans (IMAPs) being developed for the industry, similar to the Integrated Fisheries Management Plans (IFMPs) that exist for wild stock capture fisheries, and are consistent with DFO policies and guidelines.

The final Pacific Aquaculture Regulations have been posted to the Canada Gazette Part II website.

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