Major B.C. salmon farm seeks court intervention in Discovery Islands ban
Published Wednesday, January 20, 2021 10:35AM PST Last Updated Wednesday, January 20, 2021 10:47AM PST
A fish farm is pictured during a DFO fish health audit near Campbell River, B.C. on Wednesday, Oct. 31, 2018. (THE CANADIAN PRESS /Jonathan Hayward)
PRINCE RUPERT -- A major B.C. salmon farmer is asking for court intervention on the forced closure of Discovery Islands farms.
On Jan. 18 Mowi Canada applied to the Federal Court of Canada for a judicial review of the decision by Fisheries Minister Bernadette Jordan to phase out salmon farming in the waters off the northeast coast of Vancouver Island by June 30, 2022.
Mowi owns 15 farms in the area, representing about 30 per cent of the company's B.C. pens.
“The decisions and related timelines and lack of precision are unreasonable, and threaten the viability of the Mowi's entire operations in British Columbia,” a statement reads.
Judicial reviews allow private entities to challenge government decisions to ensure they adhere to existing laws.
Mowi is asking the courts to find Jordan's decision unreasonable and set it aside, saying the 30 per cent loss of its business threatens to put the entire company at risk of closure.
The 2012 Cohen Commission inquiry into the collapse of Fraser River sockeye recommended the removal of all salmon farms in the narrow waterways of the Discovery Islands by September 2020 if they exceeded minimal risk to wild stocks. Fisheries and Oceans Canada (DFO) risk assessments last year found the impacts were below that critical threshold, but public pressure resulted in three months of consultation with area First Nations and Jordan's subsequent decision.
On Dec. 17 she gave the farms 18 months to allow time for the salmon to grow-out and be harvested, after which time no licences would again be renewed or issued in the Discovery Islands.
During the transition farmers are also be prohibited from adding new fish to the pens.
“Mowi is scheduled to stock several farms in early 2021, but under the minister's decisions is currently unable to do so. If the decision stands Mowi will have to cull several million young fish currently in hatcheries, as it has no alternative locations to place those fish,” Mowi Canada said, adding the site closures will have far-reaching impacts on suppliers and service providers in the area.
It's unclear if other salmon farm operators are planning similar court action. Black Press Media has reached out to Cermaq Canada and Grieg Seafoods.
Minister Jordan's office said she is aware of “certain companies” asking for a judicial review, but declined to comment further while the mater is before the courts.
The minister's office reaffirmed in January it is launching consultations to develop a transition plan for businesses and communities impacted by the loss, but the decision in the Discovery Islands should not have come as a surprise.
“Aquaculture plays an important role in British Columbia's economy, our collective food security, and coastal communities. The farms in the Discovery Islands are a specific case,” a statement read. “These licenses were renewed on a yearly basis, always with the understanding that a decision regarding their permanent status would be made by December, 2020.”
Jordan has been given the mandate to also develop a plan by 2025 to transition all open-net pens out of B.C. waters, which salmon-farm activists have interpreted as a move to in-land operations, but the industry says the ecological footprint and economic costs would be too great to sustain.
According to the BCSFA the industry as a whole supports about 7,000 direct and indirect jobs in the province. Farmed salmon has a landed value of $772.5 million annually and is B.C.'s leading food export worth $562 million in 2019.
Prior to the Discovery Islands Decision, a report commissioned by the BCSFA indicated the industry was poised to begin investments worth $1.4 billion over the next 30 years that could generate $44 billion in economic output and create 10,000 new jobs by 2050. Stakeholders now say the uncertainty with the government's policy approach has put those investments into question.