MH Canada boss sounds warning as First Nations get veto on fish farms

Effective from June 2022, the province will grant Land Act tenures only to fish farm operators who have satisfied Fisheries and Oceans Canada (DFO) that their operations will not adversely impact wild salmon stocks, and who have negotiated agreements with the First Nation(s) in whose territory they propose to operate.

BC agriculture minister, Lana Popham, said: “The challenges facing our wild salmon have been ignored for far too long. That’s why we are putting in place a new approach to provide clarity and outline our expectations moving forward for a sustainable industry that protects wild salmon, embraces reconciliation, and provides good jobs.”

A key court ruling in 2009 clarified that the federal government has the exclusive jurisdiction for regulating fisheries, including fish farms.

“We will look to DFO to bring the best science to determining where and under what conditions open-pen fish farms can operate without threatening wild salmon and other species,” Popham said.

2022 is the current renewal date of the substantial majority of fish licences issued by DFO.

The new policy is bad news for Marine Harvest and other farmers who have sites in the Broughton Archipelago where First Nations appear implacably opposed to salmon farming, and where 20 tenures – including 12 for Marine Harvest farms - expired yesterday. Some First Nations claim fish farming is harming wild fish.

Several farm sites have been occupied at various times by protesters, with the most prominent being Ernest Alfred, a hereditary chief of the ’Namgis, one of the First Nations in the Broughton.

Marine Harvest was last month granted an injunction ordering Alfred and another First Nations protester, Karissa Glendale, to stay away from its farms.

Alfred has said there can be “no reconciliation” until salmon farms are removed from ’Namgis traditional territory.

In a statement, MH Canada managing director Vincent Erenst said: “We were not asked for our opinion before this policy was developed, nor were we asked for our feedback on the impacts to our business.

“In the Broughton, given the position of First Nations this policy change may have a significant impact on coastal communities, we will do everything we can to make sure that’s not the case.”

Month-to-month tenures 

MH Canada said the Broughton tenures will continue on a month-to-month basis while discussions are under way with First Nations, adding that the BC government had told the aquaculture industry that it will be inviting Marine Harvest and other salmon farmers in the area to participate in these discussions.

In its statement, the Norwegian-owned firm said: “Marine Harvest is aware of the position of the First Nations leadership in the Broughton area and is hopeful that the company can work constructively with them to address the concerns they have about Marine Harvest’s 12 farming sites, and wild salmon, and maintain jobs that are dependent on those farms operating – many of which are held by people from their communities.”  

Erenst said: “We share people’s concern for wild salmon. The Prime Minister has asked his Chief Science Advisor to look closely at this issue, and DFO is currently conducting important risk assessments on wild and farmed salmon interactions – we believe this work will add much needed context to the discussion.”

Marine Harvest pointed out its 20-year track record of building partnerships with First Nations on BC’s coast and said it has agreements with 15 First Nations and numerous positive relationships with First Nations-owned businesses. 

The company directly employs 600 people in British Columbia in salmon farming and processing with an annual harvest of 45,000 tonnes of Atlantic salmon each year. 

Significant policy shift

The BC Salmon Farmers’ Association said the new rules about tenures were significant policy shift.

BCSFA spokesperson Shawn Hall said: “We haven’t been involved in discussions about this change nor asked for any feedback on how it might impact our members, so need some time to consider it before commenting further.”

He said about 20% of the people working directly for salmon farm companies in BC are First Nations.

The BCSFA said moving to month-to-month renewals when longer-term tenures expire allows consultation with local First Nations and stakeholders to continue.

“It is not unusual for any industry operating with Crown land tenures, and is allowed for under BC’s Land Act. The same situation occurred last time these farms’ tenures were renewed five years ago. At that time, the tenures rolled over month-to-month for up to five years while consultation and engagement continued.”