Aquaculture Activities Regulations (SOR/2015-177)

Regulations are current to 2019-05-07

Conditions (continued)

Marginal note:Substrate sampling and restocking

  •  (1) In the case of an aquaculture facility that is located over a soft bottom and cultivates finfish in tidal waters in or adjacent to Quebec, Nova Scotia, New Brunswick, British Columbia, Prince Edward Island or Newfoundland and Labrador, the owner or operator of the facility

    • (a) must take samples of the benthic substrate in the manner and at the times and locations specified in the Monitoring Standard and determine the concentration of free sulfide in the samples in accordance with that Standard;

    • (b) must take additional samples of the benthic substrate, in the manner and at the times and locations specified in the Monitoring Standard, if

      • (i) in the case of a facility located in tidal waters in or adjacent to Quebec, Nova Scotia, New Brunswick, Prince Edward Island or Newfoundland and Labrador, the mean concentration of free sulfide as calculated at the locations specified in the Monitoring Standard exceeds 3000 µM, and

      • (ii) in the case of a facility located in tidal waters in or adjacent to British Columbia, the mean concentration of free sulfide as calculated at 30 m and 125 m from the structure that contains the cultivated fish exceeds 1300 µM and 700 µM, respectively; and

    • (c) must not restock the facility if the concentrations of free sulfide exceed the applicable concentration limits set out in paragraph (b).

  • Marginal note:Visual monitoring instead of sampling

    (2) The owner or operator of an acquaculture facility must conduct visual monitoring in accordance with section 11 instead of the sampling described in subsection (1) if the owner or the operator cannot obtain, from each of the locations specified in the Monitoring Standard, benthic substrate samples that

    • (a) contain substrate to a depth of at least 5 cm; and

    • (b) have a volume of at least 15 ml and undisturbed sediment-water interface.

Marginal note:Visual monitoring of substrate

  •  (1) This section applies to aquaculture facilities that cultivate finfish in the waters referred to in subsection 10(1) but

    • (a) are not located over a soft bottom; or

    • (b) are located over a soft bottom in respect of which subsection 10(2) applies.

  • Marginal note:Monitoring and restocking

    (2) The owner or operator of a facility referred to in subsection (1)

    • (a) must conduct visual monitoring of the benthic substrate in the manner and at the times and locations specified in the Monitoring Standard;

    • (b) must not, if the facility is located in tidal waters in or adjacent to Quebec, Nova Scotia, New Brunswick, Prince Edward Island or Newfoundland and Labrador, restock the facility if the visual monitoring shows the presence of Beggiatoa species or similar bacteria, marine worms or barren substrate in more than 70% of the locations specified in the Monitoring Standard; and

    • (c) must not, if the facility is located in tidal waters in or adjacent to British Columbia, restock the facility if visual monitoring shows that Beggiatoa species or similar bacteria or marine worms cover

      • (i) 10% or more of any four segments of substrate specified in the Monitoring Standard that are within 100 m to 124 m from the fish containment structure, or

      • (ii) 10% or more of

        • (A) the two contiguous segments of substrate specified in the Monitoring Standard that are within 116 m to 124 m from the fish containment structure, and

        • (B) the two or more contiguous segments of substrate specified in the Monitoring Standard that are within 124 m to 140 m from the fish containment structure.

Marginal note:Notification of Minister

  •  (1) The owner or operator of an aquaculture facility that cultivates finfish that is located in tidal waters in or adjacent to Quebec, Nova Scotia, New Brunswick, Prince Edward Island or Newfoundland and Labrador must notify the Minister if the following occurs:

    • (a) the concentration limits set out in subparagraph 10(1)(b)(i) are exceeded; or

    • (b) Beggiatoa species or similar bacteria, marine worms or barren substrate are present to the extent referred to in paragraph 11(2)(b).

  • Marginal note:Notification — British Columbia facilities

    (2) The owner or operator of an aquaculture facility that cultivates finfish that is located in tidal waters in or adjacent to British Columbia must notify the Minister if the following occurs:

    • (a) the concentration limits set out in subparagraph 10(1)(b)(ii) are exceeded; or

    • (b) Beggiatoa species or similar bacteria or marine worms are present to the extent referred to in paragraph 11(2)(c).

  • Marginal note:Time for notification

    (3) The owner or operator of an acquaculture facility that cultivates finfish that is located in tidal waters must notify the Minister within 14 days after the day on which the samples of the substrate were taken or the visual monitoring conducted, as the case may be.

Marginal note:Fish morbidity or mortality

  •  (1) If fish morbidity or mortality outside the aquaculture facility is observed from any part of the facility within 96 hours after the deposit of any drug or pest control product referred to in paragraph 2(a) or (b), the owner or operator of the facility must immediately notify a fishery officer of

    • (a) the name of the facility and its operator;

    • (b) the geographic coordinates of the fish observed;

    • (c) the estimated number and, if known, species of the fish observed; and

    • (d) the product name of the drug or pest control product deposited and the date of the deposit.

  • Marginal note:Minister’s directions

    (2) If the owner or operator of an acquaculture facility is directed by the Minister to undertake measures under subsection 36(6) of the Act, and the Minister advises the owner or the operator that the direction is related to a notification made by them under subsection (1), the owner or the operator must cease depositing the drug or pest control product referred to in subsection (1) until they have complied with the Minister’s directions.

Marginal note:Annual report

 The owner or operator of an acquaculture facility must submit an annual report to the Minister, and retain a copy of it, in accordance with section 16.

Section 35 of the Act

Marginal note:Prescribed works, undertakings, activities and conditions

  •  (1) For the purposes of paragraph 35(2)(a) of the Act,

    • (a) the following works, undertakings and activities are prescribed:

      • (i) the installation, operation, maintenance or removal of an aquaculture facility, and

      • (ii) measures to control biofouling or the presence of fish pathogens or pests in the aquaculture facility; and

    • (b) the following conditions are prescribed for the carrying on of those works, undertakings and activities:

      • (i) the aquaculture facility is operated under an aquaculture licence,

      • (ii) the owner or operator of the facility takes reasonable measures to mitigate the risk of serious harm to fish outside the facility that are part of a commercial, recreational or Aboriginal fishery, having regard to

        • (A) the effectiveness of the available measures,

        • (B) the degree of serious harm that may result from the carrying on of the works, undertakings and activities, and

        • (C) the physical characteristics of the facility and the type of aquaculture that is engaged in at the facility, and

      • (iii) the owner or operator submits an annual report to the Minister in accordance with section 16.

  • Marginal note:Exception — deleterious substances

    (2) The deposit of deleterious substances is not prescribed for the purpose of paragraph (1)(a).

  • Marginal note:Exception — Pacific Aquaculture Regulations

    (3) Subsection (1) does not apply to any work, undertaking or activity carried on in any waters or place referred to in section 2 of the Pacific Aquaculture Regulations.

 
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