Aquaculture management decision-making

Purpose

To provide an introductory overview of Ministerial powers and responsibilities with respect to aquaculture in Canada

Aquaculture in Canada: overview

• 45 different species of finfish, shellfish, and marine algae cultivated commercially
• Finfish (mainly salmon) accounts for most production (80 per cent of volume and 93 per cent of value)
• 1/3 of Canada’s total seafood value and 20 per cent of total production
• Over $2 billion in total economic activity

Aquaculture regulation in Canada

• DFO is federal lead for aquaculture; however, it collaborates with provinces and federal departments with shared jurisdiction
• DFO is lead regulator in British Columbia (BC) and Prince Edward Island (PEI); elsewhere, the provinces are the primary regulators

Aquaculture management

Regulatory framework and policy initiatives

Aquaculture federally regulated under Fisheries Act, now pursuing an Aquaculture Act and consolidated and improved general aquaculture regulations (GAR).

Programs

• Sustainable Aquaculture Program (2018-2020) – addresses challenges to growth by streamlining regulations, improving regulatory management, increasing scientific knowledge and science-based decision-making, and ensuring transparency through enhanced public reporting
• BC Aquaculture Regulatory Program
• Fisheries and Aquaculture Clean Technology Adoption Program (FACTAP) (2017-2021)
• National Aquatic Animal Health Program – co-delivery by the Canadian Food Inspection Agency (lead) and DFO to ensure the health of aquatic resources, and market access for all Canadian seafood

Governance and collaboration

• Federal-Provincial-Territorial coordination via bilateral MOUs and through the Aquaculture Development Strategy (2016-2023)
• Indigenous and Multi-stakeholder Advisory Body and Technical Working Groups (Fish Health, Area- based Aquaculture Management, Technology)

BC Aquaculture Regulatory Program

Aquaculture licences

• The Pacific Aquaculture Regulations (PAR) came into force December 2010, following a BC Supreme Court decision which determined that aquaculture in BC falls under federal government jurisdiction
• Under the PAR, the Minister may issue an aquaculture licence authorizing a person to engage in aquaculture and prescribed activities
  • In almost all cases this authority is delegated, and the Regional Director General (RDG) is responsible for approving the licence
• Aquaculture is managed in British Columbia by the BC Aquaculture Regulatory Program (BCARP)
• 824 Valid Licences:
  • 115 marine finfish
  • 480 marine shellfish
  • 110 freshwater/land-based
  • 119 enhancement

Governance structure

1. Initial review by federal-provincial project review team for show-stoppers
2. In-depth review by DFO staff to assess potential impacts to other fisheries, First Nations, sensitive habitat, etc
3. A risk assessment is conducted and summarized into a Summary and Recommendations document
4. BCARP staff provide a recommendation to the Minister
5. Ministerial decision (or delegated authority)

Across Canada

• Live fish are intentionally moved for many purposes, (e.g. aquaculture, stock enhancement, and research.)
• A licence which the Minister issues under section 56 of the Fishery (General) Regulations is required for movements of aquatic organisms to fish bearing waters and fish rearing facilities.
  • In almost all cases this authority is delegated, the RDG is responsible for approving the licence
  • In the case of a high risk transfer, this could be sent to the Minister for approval
  • 865 licences were issued in 2018
• Federal and provincial/territorial governments collaborate (via Introduction and Transfer Committees, established in each province and Yukon) to assess risks following the National Code on Introductions and Transfers of Aquatic Organisms

Governance structure

1. Initial review by federal-provincial or federal-territorial Introduction and Transfer Committee (ITC)
2. Most movements are low-risk and these licences are issued by an appropriate departmental representative
3. If proposed movements may pose a medium- or high-risk, a formal risk assessment is required.
4. ITCs provide the risk assessment and recommendation to the RDG or Minister based on level of risk
5. Ministerial decision (or delegated authority)

Fisheries and Aquaculture Clean Technology and Adoption Program (FACTAP)

National Contribution Program

• Supports the adoption of market-ready clean technology by the fisheries and aquaculture sectors
• Budget 2017 allocated $20M over four years to DFO to deliver a national contributions program
• To date, FACTAP has invested over $9.5M on 75 projects to the aquaculture, fisheries, and processing sectors
• FACTAP funding sunsets March 31, 2021.

Governance structure

1. Proposal submitted by private sector or Indigenous applicant
2. Initial review by Regional Program Coordinator
3. Regional Program Review Committee (DFO, Province, other regional agencies e.g. ACOA)
4. National Steering Committee Review / Approval (DG-level)
5. Deputy Minister and Minister briefing / approval
6. Contribution Agreement Prepared

Current priorities

Key initiatives will require Ministerial approval

Sustainable Aquaculture Program

Renewal of the Sustainable Aquaculture Program, which will sunset in March 2020.

Aquaculture Act

Develop a federal Aquaculture Act that: respects P/T jurisdiction; provides a foundation for enhanced legislative and regulatory rigour; clarity for stakeholders; and, additional certainty, which is an important precondition to fostering investment.

General Aquaculture Regulations (GAR)

Develop the GAR that will streamline and improve existing aquaculture regulatory requirements under the Fisheries Act into one comprehensive set of aquaculture-specific regulations.

Indigenous Multi-Stakeholder Advisory Body

Consider recommendations from the Indigenous Multi-Stakeholder Advisory Body and the technical working groups, expected in early 2020.

Annex: Regulatory responsibilities

1. Aquaculture Activities Regulations (clarifies conditions under which aquaculture operators may treat their fish for disease and parasites, as well as deposit organic matter)
2. Pacific Aquaculture Regulations (sets out aquaculture licensing and management in British Columbia where DFO is the principal regulator)
3. Fishery (General) Regulations (regulates release of fish into fish habitat and transfer of live fish to rearing facilities)
4. Marine Mammal Regulations (authorizes measures to control mammals such as nuisance seals)
5.  Atlantic Fisheries Regulations and Maritime Provinces Fisheries Regulations (regulates size and harvest seasons – aquaculture is currently subject to these wild capture regulations)