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Simon Shields, LLB

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Simon Shields,
LLB

Barrister and Solicitor
(Retired)
LSUC #37308N


simonshields@isp.com

Legal Writing and Research


Wild Animal Law of Canada

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Aquaculture Act (New Brunswick)

(current to 01 June 2016)
Note Re Application of the Aquaculture Act ('AA')

This law bears on the wildlife issues of:
  • HABITAT,
  • OWNERSHIP,
  • SALE,
  • IMPORT/EXPORT
The full current text of this legislation (including regulations) may be viewed at the New Brunswick statute website.
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Table of Contents
1. Overview
2. General Provisions
3. Habitat Health
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1. Overview

New Brunswick's Aquaculture Act ('AA') regulates [by a licensing regime (AA 6)] "the cultivation of aquatic plants and animals, but does not include the cultivation of aquatic plants and animals in a laboratory for experimental purposes or in an aquarium" [AA 1]. Cultivation or breeding being perhaps the primary indicators of domestication, the AA therefore bears primarily on domestic aquatic animals, mostly fish.


2. General Provisions

Possession of live aquatic animals "directly or indirectly for the purposes of aquaculture" must accord with the regulations (typically, a licensing requirement) or have prior written approval of the Minister [AA 31(4)].

Transporting, relocating or introduction of live aquatic animals between bodies of water and aquaculture sites must accord with the regulations (again, typically a licensing requirement) or have prior written approval of the Minister [AA 31(2,3)].


3. Habitat Health

Provisions of the AA that bear on wild 'aquatic animals' ("animals that have water as their natural habitats at all stages of their life cycles" AA 1) relate primarily to fish habitat health (eg. disease and parasites), and are as follows:
  • license conditions may include "measures to be taken to minimize the risk of environmental degradation," and "measures to be taken to minimize the risk of disease, disease agents, parasites, toxins or contaminants spreading to other aquaculture sites" [AA 13(1)(e)(g)];

  • "the presence of disease, disease agents, parasites, toxins or contaminants at the licensee’s aquaculture site" must be reported by the operator to the Minister immediately [AA 25];

  • "the Minister may direct the licensee to take such measures as the Minister considers necessary to prevent the spread of the disease, disease agents, parasites, toxins or contaminants", and may additionally declare an area to be a "controlled aquaculture area" for the purpose of controlling and eliminating such problems [AA 26,27];

  • sale of "aquacultural produce, including parts or portions of aquacultural produce, in which disease, disease agents, parasites, toxins or contaminants are present" is prohibited, except in accordance with the direction of the Minister [AA 31(1)];

  • records must be maintained by operators of "the presence of disease, disease agents, parasites, toxins or contaminants" [G Regs 14(1)(b)];

  • commercial aquaculture licenses respecting raising Atlantic Salmon include a requirement that the holder establish sea lice management and treatment plans [General Regs s.12.1(c) ('G Regs')];

  • aquaculture licenses require that the escape ('breach of containment') of 100 or more salmonids (which includes salmon, trout, chars, freshwater whitefishes, and graylings) from an aquaculture site must be reported to the Registrar immediately [G Regs 14.1(1,2)].



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