B.C. First Nations Sue Fish Farms, Province, Feds

VANCOUVER, British Columbia, Canada, April 22, 2003 (ENS) – On behalf of four First Nations from the Broughton Archipelago on British Columbia's central coast, Sierra Legal Defence Fund filed a lawsuit in B.C. Supreme Court today demanding immediate protection for the area's imperilled wild fish populations.

The First Nations claim that the federal and provincial governments have flouted their constitutional duty to protect aboriginal rights, which include fishing rights. The lawsuit alleges that both governments are breaching this duty in favor of promoting the aquaculture industry at the expense of First Nations rights, B.C.'s wild fish and the environment.

The Sierra Legal Defence Fund filed the suit on behalf of the people of the Tsawataineuk, Kwicksutaineuk-ah-kwaw-ah-mish, and Namgis First Nations, and the Gwawaenuk Tribe against the two companies currently operating open net cage salmon aquaculture facilities in the Broughton area, Heritage Salmon Limited and Stolt Sea Farm, Inc.

Fish farm netcages in Broughton Archipelago (Photo courtesy B.C. Salmon Farmers Association)

"There is a crisis in the Broughton Archipelago as a result of the provincial and federal governments' shameful attepts to promote fish farming," said Bill Cranmer, Chief of the Namgis First Nation. "Our wild fish populations are in grave danger and the government continues to ignore First Nations people and our constitutionally protected rights. We have no alternative but to turn to the courts to protect the wild salmon and our way of life."

The lawsuit asks for an injunction to prevent the stocking of open net cage salmon aquaculture facilities in the Broughton Archipelago, and to require that infected sites remove infected fish from the marine environment.

The injunction application also seeks to prevent the use of SLICE, a pesticide that has been scientifically shown to have impacts on crustaceans and has not been generally approved for use in Canada,

The lawsuit also asks the government not to permit any further open net cage salmon aquaculture licenses until further analysis of impacts to wild fish has been done and until a full environmental assessment of impacts of open net cage salmon aquaculture is completed.

"The government beat about the bush while 98 percent of our wild pink Salmon run was massacred by sea lice," said Hereditary Chief Charlie Williams, of the Gwawaenuk Tribe. "We are simply asking the court to protect our wild fish and prevent government and industry from letting it happen again."

The lawsuit also asks the court to ensure that key monitoring data is made available, especially regarding the prevalence of sea lice on farmed fish and among migrating pink salmon smolts that have begun passing through the network of fish farms the Broughton.

Breeding salmon in a netcage pen (Photo courtesy B.C. Salmon Farmers Association)

"We intend to argue that the crisis in the Broughton is a direct result of apparent negligence and seeming disregard for the laws that are in place to protect wild salmon, the environment and the rights of First Nations," said Sierra Legal Defence Fund senior counsel Angela McCue. "It is time for government and the aquaculture industry to respect the constitution and laws of Canada. "

The injunction application will likely be heard late next week.

For its part, Stolt Sea Farm announced April 9 that it has achieved ISO 14001 certification, becoming the second company in the British Columbia aquaculture industry to receive this recognition.

“ISO 14001 is known worldwide as representing a commitment to the highest environmental operating standards,” says Dale Blackburn, Stolt’s vice president of BC operations. “Achieving this recognition says to our customers, our employees, our neighbors, and the general public that Stolt Sea Farm holds itself to global standards of performance, quality, and commitment.”

ISO 14001 signifies an Environmental Management System that rises above average operating standards. It is a globally recognized certification whose evaluation is performed by an external source - the global consulting firm Deloitte and Touche certified Stolt’s BC operations.

Stolt Sea Farm has been in business in BC since 1985 and employs about 250 people in the province. Stolt Sea Farms has operations in Ontario, New Brunswick, the United States, Chile, Australia, New Zealand, Scotland, Spain and Norway.

On April 8, Federal Fisheries Minister Robert Thibault was hit with allegations of dishonesty and deception with regard to the environmental safety of B.C. aquaculture made in a minority report from the House of Commons Fisheries Committee.

MP John Cummins who represents the B.C. constituency of Delta-South Richmond, and who is a member of the parliamentary committee, released a minority report that is scathing of the federal Department of Fisheries and Ocean’s handling of salmon farming. He said the industry is not ecologically benign and that the agency is not adequately monitoring the industry or fully enforcing the Fisheries Act, which is designed to protect wild fish and their habitat.

Cummins claimed that Department of Fisheries and Oceans staff have mislead the minister about the effects of net-cage salmon farming, lied to the public, and encouraged the minister to mislead Parliament.

In March, Thibault said the concerns raised over fish farms harming wild salmon in the Broughton Archipalego have prompted the government to do more research and testing. The minister denied the government is promoting fish farming in British Columbia.

To see a detailed history of the First Nations battle against fish farms visit: http://www.sierralegal.org/m_archive/bk03_04_22.html