DFO must lay charges against illegal salmon farm

September 26, 2002 - VANCOUVER – The federal Department of Fisheries and Oceans (DFO) must lay charges under the Fisheries Act now that the province has charged a salmon farm for putting fish into a facility without permits, the David Suzuki Foundation said today.

“We’re pleased to see that one level of government responsible for monitoring salmon farms has finally acted, but we now expect DFO to lay charges because they are responsible for authorizing the farm to be in the water,” said Otto Langer, the director of the Foundation’s marine conservation program. “And we also know there has been habitat damage under the farm where fragile abalone beds are located.”

The Foundation learned Wednesday that the province has laid charges under Section 13.5 of the provincial Fisheries Act against Omega Salmon Group Ltd. for illegally putting fish in their facility at Kent Island, north of Port Hardy. The charges carry a maximum penalty of $10,000 for every day the fish were illegally in the water. The fish were introduced in March.

When the Foundation received information in May from concerned DFO scientists that this farm was operating illegally, the scientists confirmed the net-cage facility was located above prime abalone habitat. A ban on fishing abalone has been in place for over a decade because the stocks are so overfished.

“This multinational company has violated the federal Fisheries Act, the Navigable Waters Protection Act and has undermined the intent of the Canadian Environmental Enforcement Act. It is unconscionable that DFO has not yet acted, and we are calling on the minister to lay charges now that the province has,” Mr. Langer said.

Omega Salmon has been ordered to appear in provincial court in Port Hardy on November 5, provincial Attorney-General spokesman Geoff Gaul has confirmed.

The Suzuki Foundation will be following the case closely. In 1999, Lynn Hunter, the Foundation’s aquaculture speciliast, laid a private prosecution against Stolt Sea Farms Inc. The charges were later stayed despite confirmation by the Crown counsel that evidence of damage to the ocean environment was evident.


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