Chen Final Reprt The Uncertain Future f Fraser River Sckeye Findings Related t Open Net Pen Salmn Farming Summary by the SOS Marine Cnservatin Fundatin Backgrund: The Chen Cmmissin was established by the Canadian Gvernment t investigate and make independent findings f fact regarding the causes fr the decline f the Fraser River sckeye salmn. Specifically, with regard t salmn farming, the Chen Cmmissin was t examine whether there is a linkage between salmn farm peratins and Fraser River sckeye survival, including reductins f sckeye smlt survival frm sea lice expsure, impacts f farm wastes n seabed and cean habitat quality, effects f Atlantic salmn escapes n Fraser River sckeye, as well as any ptential fr the spreading f disease. Other salmn species will be cnsidered insfar as they infrm the analysis f Fraser River sckeye. The cmmissin als intends t evaluate several salmn farm management methds fr mitigating risks t Fraser River sckeye, including the use f clsed cntainment marine and land based systems, scheduling f net pen harvesting t reduce cntact with sea lice, manipulatin f maturatin schedules, ptimizing densities, reductin f farm prductin, re lcating farms, and the use f pesticides such as SLICE t cntrl sea lice. 1 The Chen Cmmissin clsed the evidentiary hearings in December 2011 and Justice Chen s findings and recmmendatins were made public n Octber 31, 2012 in a three vlume, almst 1,200 page final reprt entitled The Uncertain Future f Fraser River Sckeye (Chen Final Reprt / Final Reprt). Findings Related t Open Net Pen Salmn Farming: It is t be emphasized that Justice Chen did nt find a single cause fr the decline f the Fraser River Sckeye. In Vlume 2 f the Final Reprt Causes f the Decline, he relates when ppulatin health and disease are being cnsidered, causes are rarely a single entity, event, r cnditin. Rather, they are much mre likely a cmplex interplay f factrs and, if any ne stressr was indicated t be f particular cncern it is climate change. 2 The findings summarized here relate mre specifically t the wrk f the SOS Marine Cnservatin Fundatin t: establish B.C. as a leader in creating a glbally renwned and sustainable aquaculture industry while prtecting B.C. s wild salmn stcks, and allwing B.C. businesses, First Natins and lcal cmmunities t thrive. Thereby, the infrmatin belw fcuses n Chen Cmmissins findings in relatin t: 1. DFO s cnflicted mandate and departure frm the regulatry bjective t cnserve wild fish; 2. Ptential impacts f pen net pen salmn farms and their management; and 3. The implementatin f the Wild Salmn Plicy and Habitat Plicy In this regard, Justice Bruce Chen s findings strngly acknwledge the cnflicted mandate f DFO t prmte aquaculture and wrk fr the cnservatin f wild fish species; the ptential fr harm t wild salmn frm pen net pen salmn farms; the need fr changes t the regulatin f salmn farms; the failure t implement the 2005 Wild Salmn Plicy and 1986 Habitat Plicy and the necessity f their being implemented. In the recmmendatins, the burden f prf is put n DFO t ascertain that net pen salmn farms in the Discvery Islands d nt pse mre than a minimal risk f serius harm t the health f migrating Fraser River sckeye salmn, therwise thse salmn farms must cease peratins. 1 Chen Cmmissin f Inquiry int the Decline f Sckeye Salmn in the Fraser River, Discussin Paper titled Issues that the Cmmissin Intends t Investigate, June 3, 2010, at p. 9; http://www.chencmmissin.ca/en/pdf/discussinpaper.pdf 2 Chen Cmmissin f Inquiry int the Decline f Sckeye Salmn in the Fraser River, Final Reprt titled The Uncertain Future f the Fraser River Sckeye Vlume 2 Causes f the Decline, Octber, 2012 at p. 120 and 123; http://www.chencmmissin.ca/en/finalreprt/
1. Chen Cmmissin s findings relating t DFO s cnflicted mandate and departure frm the Department s regulatry bjective t cnserve wild fish, and hw this relates t disease testing: Vlume 3 f the Final Reprt Recmmendatins Summary Prcess includes the fllwing statements by Justice Chen: I heard evidence that suggests cnfusin n the part f DFO respecting its paramunt regulatry bjective t cnserve the health f wild fish stcks. Fr example, several DFO witnesses testified abut the need fr DFO s Science Branch t prvide advice t its clients, such as the Canadian Fd Inspectin Agency (whse mandate includes trade and ecnmic cncerns, nt the cnservatin f wild fish), r t aquaculture management within DFO (whse fcus includes sustainability f the aquaculture industry). 3 As lng as DFO has a mandate t prmte salmn farming, there is a risk that DFO will act in a manner that favurs the interests f the salmn farming industry ver the health f wild fish stcks. 4... that, when ne gvernment department (in this case DFO) has mandates bth t cnserve wild stcks and t prmte the salmn farming industry, there are circumstances in which it may find itself in a cnflict f interest because f divided lyalties. Fr example: There is a risk that DFO will nt practively examine ptential threats t migrating sckeye salmn frm salmn farms, leaving it up t ther cncerned parties t establish that there is a threat. There is a risk that DFO will impse less nerus fish health standards n salmn farms than it wuld if its nly interest were the prtectin f wild fish. Farmed salmn may tlerate certain diseases r pathgens differently frm wild salmn, such that the farmed fish wuld nt necessarily require treatment except fr their ptential t spread disease r pathgens t wild fish. There is a risk that DFO will be less rigrus in enfrcing the Fisheries Act against the peratrs f salmn farms. 5 Senir DFO Science staff that there is a gap in research n wild fish health and that, althugh DFO is attempting t address it, research pririties are very much weighted by the need fr DFO Science t prvide advice t its clients, such as the Canadian Fd Inspectin Agency (CFIA) r t the Fisheries and Aquaculture Management Branch... DFO has cnducted little research int the effects f pathgens frm salmn farms n Fraser River sckeye. I see a difficulty in having DFO Science s research pririties fr fish health directed by clients, such as CFIA, whse mandate is nt the cnservatin f wild fish but trade and ecnmic cncerns, r by aquaculture management, whse fcus is sustainability f the aquaculture industry. 6 Recmmendatins include: Recmmendatin 2: In relatin t wild fisheries, the Department f Fisheries and Oceans shuld act in accrdance with its paramunt regulatry bjective t cnserve wild fish. 7 Recmmendatin 3: The Gvernment f Canada shuld remve frm the Department f 3 Chen Cmmissin f Inquiry int the Decline f Sckeye Salmn in the Fraser River, Final Reprt titled The Uncertain Future f the Fraser River Sckeye, Octber, 2012 at p. 11; http://www.chencmmissin.ca/en/finalreprt/ 4 5 6 Ibid; at p. 61 7 The SOS Marine Cnservatin Fundatin BC OFFICE: Bx 1321, Prt McNeill, BC V0N 2R0 www.saveursalmn.ca 2
Fisheries and Oceans' mandate the prmtin f salmn farming as an industry and farmed salmn as a prduct. 8 Recmmendatin 67: The fish health research pririties f the Department f Fisheries and Oceans shuld reflect its respnsibility fr the cnservatin f wild fish. T that end, DFO s science managers shuld encurage innvatin and new research int nvel diseases and ther cnditins affecting wild fish, beynd the interests f specific clients such as the Canadian Fd Inspectin Agency r aquaculture management. 9 Recmmendatin 68: The Department f Fisheries and Oceans shuld undertake r cmmissin research int the health f Fraser River sckeye salmn, including the fllwing issues: determining, in cnjunctin with the research prpsed in Recmmendatins 64 and 65, what pathgens are encuntered by Fraser River sckeye salmn alng their entire migratry rute, and the cumulative effects f these pathgens n Fraser River sckeye salmn; the hypthesis that diseases are transmitted frm farmed salmn t wild sckeye... 10 2. Chen findings relating t ptential impacts f pen net pen salmn farms and their management: Vlume 3, Recmmendatins Summary Prcess, includes the fllwing statements by Justice Chen: I therefre cnclude that the ptential harm psed t Fraser River sckeye salmn frm salmn farms is serius r irreversible. Disease transfer ccurs between wild and farmed fish, and I am satisfied that salmn farms alng the sckeye migratin rute have the ptential t intrduce extic diseases and t exacerbate endemic diseases that culd have a negative impact n Fraser River sckeye. 11 In my view, DFO needs t be even mre transparent and shuld allw nn gvernment and nn industry researchers t have access t the fish. 12 While rutine mnitring lks fr knwn diseases, DFO als needs t lk fr changes in salmn farms (such as new r nvel diseases and pathgens) and t be able t relate cnditins it finds in the brader envirnment (such as cnditins affecting wild salmn) t what is happening n salmn farms. The privilege f being allwed t cnduct a business that pses risk t wild stcks shuld carry a cncmitant requirement t prvide access t gvernment scientists fr research purpses beynd the scpe f rutine mnitring. It is thrugh such research that new discveries are made which can lead t better mnitring and the implementatin f better precautinary measures t prtect wild stcks. 13 Recmmendatins 11 thrugh 20 in Vlume 3 f the Final Reprt relate t the regulatin f fish farms: Recmmendatin 11: In rder t prvide a lnger time series f data n which t test fr relatinships between stressrs fund at salmn farms and the health f Fraser River sckeye salmn, the Department f Fisheries and Oceans shuld cntinue t require the 8 9 Ibid; at p. 61 10 Ibid; at p. 61 11 Ibid; at p. 22 12 13 The SOS Marine Cnservatin Fundatin BC OFFICE: Bx 1321, Prt McNeill, BC V0N 2R0 www.saveursalmn.ca 3
cllectin f fish health data directly frm peratrs f salmn farms and thrugh DFO audits. 14 Recmmendatin 12: Fr research purpses beynd rutine mnitring, the Department f Fisheries and Oceans shuld require, as a cnditin f licence, that the peratr f a salmn farm prvide, n reasnable demand by DFO, fish samples, including live fish r fresh silvers (recently deceased fish), in a quantity and accrding t a prtcl specified by DFO. 15 Recmmendatin 13: The Department f Fisheries and Oceans shuld give nn gvernment scientific researchers timely access t primary fish health data cllected thrugh DFO s rutine mnitring prgrams, including data that relate t farmed r wild salmn. 16 Recmmendatin 14: Beginning immediately and cntinuing until at least September 30, 2020, the Department f Fisheries and Oceans shuld ensure that: the maximum duratin f any licence issued under the Pacific Aquaculture Regulatins fr a net pen salmn farm in the Discvery Islands (fish health subzne 3 2) des nt exceed ne year; DFO des nt issue new licences fr net pen salmn farms in the Discvery Islands (fish health sub zne 3 2); and DFO des nt permit increases in prductin at any existing net pen salmn farm in the Discvery Islands (fish health sub zne 3 2). 17 Recmmendatin 16: After seeking cmment frm First Natins and stakehlders, and after respnding t challenge by scientific peer review, the Department f Fisheries and Oceans shuld, by March 31, 2013, and every five years thereafter, revise salmn farm siting criteria t reflect new scientific infrmatin abut salmn farms situated n r near Fraser River sckeye salmn migratin rutes as well as the cumulative effects f these farms n these sckeye. 18 Recmmendatin 17: The Department f Fisheries and Oceans shuld apply revised siting criteria t all licensed salmn farm sites. Farms that n lnger cmply with siting criteria shuld be prmptly remved r relcated t sites that cmply with current siting criteria. 19 Recmmendatin 18: If at any time between nw and September 30, 2020, the minister f fisheries and ceans determines that net pen salmn farms in the Discvery Islands (fish health sub zne 3 2) pse mre than a minimal risk f serius harm t the health f migrating Fraser River sckeye salmn, he r she shuld prmptly rder that thse salmn farms cease peratins. 20 Recmmendatin 19: On September 30, 2020, the minister f fisheries and ceans shuld prhibit net pen salmn farming in the Discvery Islands (fish health sub zne 3 2) unless he r she is satisfied that such farms pse at mst a minimal risk f serius harm t the health f migrating Fraser River sckeye salmn... 21 14 15 16, 20 17 Ibid; at p. 106 18 Ibid; at p. 106 19 Ibid; at p. 106 20 Ibid; at p. 106, 107 21 Ibid; at p. 107 The SOS Marine Cnservatin Fundatin BC OFFICE: Bx 1321, Prt McNeill, BC V0N 2R0 www.saveursalmn.ca 4
3. Chen Cmmissin s findings relating t the Wild Salmn Plicy and Habitat Plicy Chapter 10 f Vlume 1 f the Final Reprt The Sckeye Fishery is fully dedicated t an analysis f the Wild Salmn Plicy. Vlume 3, Recmmendatins Summary Prcess, includes the fllwing statements by Justice Chen: At the higher levels within the Department (DFO), I perceived a preccupatin with the develpment and revisin f plicies an attitude that the slutin t any prblem is a new plicy...hwever, creating a plicy is nt enugh... I call fr actin n tw pivtal DFO plicies that are yet t be fully implemented: the 1986 Habitat Plicy and the 2005 Wild Salmn Plicy." 22 "Seven years after the release f the WSP, little prgress has been made in implementing it beynd develping the methdlgies required t mnitr and assess the status f salmn Cnservatin Units and sme f their habitats. Althugh the plicy itself prmised that an implementatin plan wuld be prepared, that cmmitment has nt been...the Gvernment f Canada must step frward and prvide the necessary funding fr implementatin. 23 I cnclude that the 1986 Habitat Plicy has nt been fully implemented. Mrever, DFO has nt develped a plan t d s. In my view, implementatin f Strategy 2 f the Wild Salmn Plicy wuld advance implementatin f the 1986 Habitat Plicy by prviding DFO with a methd t assess Fraser River sckeye habitat lss r gain. 24 Recmmendatins 5 t 10 in Vlume 3 f the Final Reprt relate t the implementatin f the Wild Salmn Plicy and include: Recmmendatin 5: The new assciate reginal directr general shuld, by March 31, 2013, publish a detailed plan fr implementatin f the Wild Salmn Plicy, stipulating: what tasks are required; hw they will be perfrmed and by whm; when they will be cmpleted; and hw much implementatin will cst, as set ut in a detailed itemizatin f csts. 25 Recmmendatin 6: The Gvernment f Canada shuld establish dedicated Wild Salmn Plicy funding sufficient t carry ut the Department f Fisheries and Oceans implementatin plan and t cver nging peratinal csts. 26 Recmmendatin 41 calls fr the implementatin f the 1986 Habitat Plicy: Recmmendatin 41: The Department f Fisheries and Oceans shuld cmplete implementatin f the 1986 Habitat Plicy. By March 31, 2013, DFO shuld, fr the benefit f Fraser River sckeye salmn, set ut a detailed plan addressing these pints: hw DFO will measure the amunt f prductive capacity f Fraser River sckeye habitat in rder t assess whether the net gain bjective is being achieved n an nging basis; 22 Ibid; at p. 4 23 Ibid; at p. 91 24 Ibid; at p. 43 25 Ibid; at p. 104, 105 26 Ibid; at p. 105 The SOS Marine Cnservatin Fundatin BC OFFICE: Bx 1321, Prt McNeill, BC V0N 2R0 www.saveursalmn.ca 5
hw DFO will take int accunt the cumulative impact n Fraser River sckeye habitat ptentially arising frm individual prjects that are currently cnsidered nly n a prject by prject basis, if at all; hw the tasks will be perfrmed, and by whm; when the tasks will be cmpleted; and hw much implementatin will cst, as set ut in a detailed itemizatin f csts. 27 27 Ibid; at p. 109 The SOS Marine Cnservatin Fundatin BC OFFICE: Bx 1321, Prt McNeill, BC V0N 2R0 www.saveursalmn.ca 6