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B.C. Reg. 364/89 |
Deposited November 17, 1989 |
Fisheries
Act
[includes amendments up to B.C. Reg. 335/2000]
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Contents |
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1 |
Interpretation |
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2 |
Separate licence for each
location |
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3 |
Application for licence and
licence renewal |
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4 |
Term of licence |
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5 |
Dealing in fish or aquatic
plants |
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6 |
Manager of aquaculture |
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7 |
Release and escape |
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8 |
Reporting escape |
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8.1 |
Escape response |
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8.2 |
Records and reports |
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9 |
Record of drugs |
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10 |
Drug free period |
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11 |
Prohibition against
processing |
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12 |
Transportation |
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13 |
Inspectors |
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14 |
Fees |
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15 |
False information |
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Appendices 1 and 2 |
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1 In this regulation:
"Act" means the Fisheries Act;
"aquaculture
licence" means the licence
referred to in section 13 (5) of the Act;
"aquaculture
facility" means an establishment
where the business of aquaculture is carried on;
"attachment
structure" means mollusc shell,
rope, netting, tubes and other structures provided as substrate for the
attachment of aquatic plants and fish for purposes of aquaculture;
"containment
structure" means net cages, net
pens, tanks, troughs, raceways, natural or man made ponds, trays and other
structures used to contain aquatic plants and fish for purposes of aquaculture;
"drug" means a drug as defined in the Pharmacists,
Pharmacy Operations and Drug Scheduling Act or the Food and Drugs Act
(Canada);
"fin fish" means fish of the classes Agnatha, Chondrichthyes and
Osteichthyes grown by a holder;
"holder" means the person to whom an aquaculture licence is
issued;
"location" means
(a) a contiguous area of
land that is owned, leased or otherwise lawfully occupied by a person, and
(b) areas of land whether
contiguous or not that are occupied under a single
(i) lease, or
(ii) licence of occupation
granted under the Land
Act;
"manager" means the manager of aquaculture appointed under
section 6;
"net cage" means a floating infrastructure that supports net
pens;
"net pen" means open mesh net structures used to contain fish
for purposes of aquaculture.
[am.
B.C. Reg. 335/2000, s. 1.]
2 No person shall carry on the business of aquaculture
at a location without first obtaining an aquaculture licence for that location.
3 An applicant for an aquaculture licence shall make an
application to the minister under section 14 of the Act and, where the
application is for a renewal of an aquaculture licence, shall deliver it at
least 60 days before the term of the existing aquaculture licence expires.
4 The minister may specify in an aquaculture licence a
term of not more than 30 years.
[en.
B.C. Reg. 226/99, s. (a).]
5 (1) A person shall not possess, buy, sell, introduce
into the Province or transplant within the Province fish or aquatic plants for
the purpose of carrying on the business of aquaculture unless the person is a
holder or is acting on behalf of a holder.
(2) Subsection (1) does
not prevent a person who has taken the fish or aquatic plants as collateral for
a loan from seizing or disposing of the fish or aquatic plants or otherwise
realizing on the person's interest in the fish or aquatic plants to satisfy the
obligations secured by them.
6 The minister may appoint a person in the Ministry of
Fisheries as manager of aquaculture.
7 (1) No person shall release aquatic plants or fish to
fresh or tidal waters from an aquaculture facility or from containment or
attachment structures in an aquaculture facility unless authorized to do so by
the terms or conditions of an aquaculture licence.
(2) A holder shall take
reasonable precautions to prevent the escape of aquatic plants and fish from
the holder's aquaculture facility and from containment and attachment
structures in the facility and shall take all reasonable measures to respond to
the escape.
(3) Reasonable precautions
and reasonable measures under subsection (2) in the case of a marine fin fish
aquaculture facility include compliance with the standards of practice in Appendix
2.
(4) A person must not
cause, authorize or allow the escape of fin fish from a containment structure.
[am.
B.C. Reg. 335/2000, s. 2.]
8 (1) The holder, or a person acting on behalf of a
holder, who discovers an escape or evidence suggesting an escape of aquatic
plants or fish from an attachment or containment structure in the holder's
aquaculture facility shall report the escape or evidence to the manager
(a) verbally, within 24
hours of the discovery, and
(b) in writing, within one
week of the discovery, if requested by the manager.
(1.1) Despite subsection
(1) (b), an escape, or evidence suggesting an escape, of fin fish, described in
subsection (1) must be reported in writing to the manager within one week of
the discovery.
(2) A holder who
recaptures or attempts to recapture aquatic plants or fish that have escaped
from an aquaculture facility shall report in writing the results of the
recapture or attempt to recapture to the manager within one week of the
recapture or attempted recapture.
(3) A written report under
subsection (1.1) must include
(a) the date and estimated
time of the escape or supposed escape,
(b) the species of fin
fish that escaped or may have escaped,
(c) the estimated number
of fin fish that escaped or may have escaped,
(d) the cause or suspected
cause of the escape or supposed escape,
(e) the calendar year in
which the fin fish were stocked at the aquaculture facility,
(f) the average weight of the
fin fish that escaped or may have escaped, and
(g) the rearing facility
from which the fin fish were received by the aquaculture facility.
[am.
B.C. Reg. 335/2000, s. 3.]
8.1 On an escape of fin fish from an aquaculture
facility, the holder must
(a) implement the escape
response measures in the escape prevention and response plan for the
aquaculture facility, and
(b) take all reasonable
measures to control, mitigate, remedy and confine the effects of the escape.
[en.
B.C. Reg. 335/2000, s. 4.]
8.2 (1) For each fin fish aquaculture facility of a
holder, the holder must maintain accurate records of the following:
(a) the transport,
transfer and introduction of fin fish into or away from the aquaculture
facility;
(b) weekly fin fish
mortality;
(c) all fin fish sales
from the aquaculture facility, including the number and destination of the fin
fish sold;
(d) the source, number and
specific siting of each stock and lot of fin fish at the aquaculture facility;
(e) each escape from the
aquaculture facility;
(f) all inspections,
including dive inspections, of all containment structures, including pen
systems, containment nets, accessory floats and mooring systems;
(g) the details of
monitoring, evaluation and maintenance of each containment structure, including
pen systems, containment nets, accessory floats, mooring systems and fish
handling equipment;
(h) antifoulant treatments
of containment structures;
(i) training received by
staff respecting aquaculture, escape prevention and escape response.
(2) On request of an
inspector of fisheries, an aquaculture inspector or a conservation officer, a
fin fish aquaculture licence holder, or a person acting on behalf of the
holder, must produce for inspection any record required to be kept under this
regulation.
[en.
B.C. Reg. 335/2000, s. 4.]
9 (1) A holder shall keep a record of a drug
administered to the holder's fin fish.
(2) For the purposes of
this regulation the administration of a drug to a fin fish includes the
intentional introduction of a drug, or a substance containing a drug, into
water in the holder's aquaculture facility.
(3) The record referred to
in subsection (1) shall include the following information:
(a) the aquaculture
licence number and name of the holder;
(b) the location of the
aquaculture facility;
(c) the species of fin
fish cultured and held;
(d) the name of the
veterinarian who prescribed any drugs;
(e) a log naming the drugs,
how they were administered, the treatment schedule including the date treatment
commenced, the date of the last treatment and the name and signature of the
person responsible for administering each treatment.
(4) Where a person
delivers fin fish from an aquaculture facility to a processing plant or to a
fish buying station the person shall provide, at the time of delivery, a
statement in accordance with subsection (5) to the fish processing plant
licensee or the fish buying station licensee, as the case may be, and the
holder shall retain a copy of this statement for one year.
(5) Where a person
delivers fin fish from a fish buying station to a fish processing plant the
person shall provide, at the time of the delivery, the original or a copy of
the statement referred to in subsection (4) to the fish processing plant
licensee.
(6) A fish processing
plant licensee who has received a statement under subsection (4) or (5) shall
retain a copy of the statement for one year.
(7) The statement referred
to in subsection (4) shall be signed by the holder or his agent and shall
include the following information:
(a) the aquaculture
licence number;
(b) the species of fish;
(c) the date of harvest;
(d) the name of the
processing plant to which the fish are delivered;
(e) the quantity of fish
harvested;
(f) a lot number that
identifies the shipment of fin fish;
(g) the date of last
treatment, if any, with a drug including the name of the drug, the treatment
schedule, the dates treatment commenced and finished, the name of the
veterinarian, if any, who prescribed any drug and the name and signature of the
person responsible for administering the treatment.
10 (1) No holder shall harvest fin fish for 105 days
after administering a drug to the fin fish.
(2) Subsection (1) does
not apply where
(a) the Food and Drugs
Act (Canada) or regulations made under that Act provide standards governing
the use of the drug and the holder has complied with those standards, or
(b) the drug is prescribed
by a veterinarian, the veterinarian has prescribed a mandatory period of time
that must pass between the administration of the drug and the harvest of fin
fish and the holder has complied with all the veterinarian's instructions.
11 (1) No person shall process fin fish for sale in the
Province except at an establishment that has a valid certificate of
registration issued by the Department of Fisheries and Oceans (Canada).
(2) Subsection (1) does
not apply to the packaging of fin fish by a retailer for sale by the retailer.
12 A person who transports aquatic plants or fish on,
over or through fresh or tidal waters shall take reasonable precautions to
prevent the escape of the plants or fish, as the case may be.
13 (1) The minister may appoint any person as an
aquaculture inspector to investigate matters related to
(a) the conduct of the
business of aquaculture, and
(b) compliance with the
Act, this regulation and an aquaculture licence and its conditions.
(2) An aquaculture
inspector may enter an aquaculture facility during normal business hours to
investigate the matters referred to in subsection (1) and no person shall
obstruct the inspector in the course of the inspector's duties.
(3) At the request of an
aquaculture inspector, an inspector of fisheries or a conservation officer, a
holder shall produce for inspection a record that is required to be produced
for inspection as a condition of an aquaculture licence.
14 (1) In Appendix 1:
"primary
aquaculture product" means a
fish or aquatic plant that is a product of aquaculture but does not include a
processed or manufactured product;
"production
value" means the dollar value of
sales of primary aquaculture product in the previous licence year, but, where
the terms and conditions of the aquaculture licence contain a maximum volume of
production equivalent to a dollar value, it means that dollar value.
(2) A person applying for
a new aquaculture licence, a renewal of an aquaculture licence or an amendment
of an aquaculture licence shall pay the fee set out in Appendix 1.
(3) Subject to the Financial
Administration Act, the fee for an application for a new aquaculture
licence and the fee for a licence amendment are not refundable.
15 No person shall provide false information in a record
or statement referred to in this regulation.
Appendix
1
[am.
B.C. Reg. 226/99, s. (b).]
Schedule
of Fees
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1 |
Application for initial
licence |
$25 |
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2 |
Licence amendment |
$50 |
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3 |
Licence and licence renewal
for |
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(a) |
aquaculture facility on
private land, production value at least $7 500 |
$100 |
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(b) |
aquaculture facility on
private land, production value less than $7 500 |
$50 |
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(c) |
aquaculture facility on
Crown land, production value at least $7 500 |
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(i) |
aquatic plants and fish
other than fin fish |
$50 |
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(ii) |
fin fish |
$200 |
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(d) |
aquaculture facility on
Crown land, production value less than $7 500 |
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(i) |
aquatic plants and fish
other than fin fish |
$50 |
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(ii) |
fin fish |
$100 |
Appendix
2
[en.
B.C. Reg. 335/2000, s. 5.]
Standards
of Practice for Marine Fin Fish Aquaculture Escape
Prevention and Response
Part
1 — Escape Prevention and Response Plans
1 Every operator of a marine fin fish aquaculture
facility ("Facility") must have a written escape prevention and
response plan for the Facility, and must submit that plan to the minister.
2 The escape prevention and response plan referred to
in section 1 must include
(a) plans for escape
prevention,
(b) plans for escape
response,
(c) plans for predator
avoidance,
(d) a description of
existing and proposed containment structures,
(e) plans for inspection
and maintenance of containment structures, and
(f) monitoring and
reporting schedules.
3 An escape prevention and response plan referred to in
section 1 must specify how the holder will ensure that the standards in Parts
II to IV will be complied with at their Facility.
Part
II — Escape Prevention
A —
Equipment Design, Installation and Use
4 All equipment, materials and structures employed at a
Facility must be designed, constructed, installed, inspected and maintained so
as to prevent escapes, including, without limitation, escapes caused by damage,
holes or tears to net pens or containment structures through entanglements with
other equipment.
5 The requirements for net cages and other containment
structures are as follows:
(a) holders must ensure
that equipment used at their Facilities is designed and constructed to meet
generally accepted standards prevalent in the aquaculture industry;
(b) escape prevention and
response plans must include
(i) professional
schematics that itemize and describe all containment structures and anchoring
systems used to contain fish at the Facility,
(ii) a review of the
containment structures, anchoring equipment and supplemental anchoring of
accessory structures which assesses their suitability and safety for the
Facility location, done by a qualified professional with direct and relevant
experience with aquaculture containment systems and the associated risks, and
(iii) a review of predicted
weather extremes, anticipated maximum wave heights, current flow and tidal
velocities, in relation to the containment structures and other structures;
(c) holders must evaluate
new or experimental containment structure system designs through
(i) field trials,
(ii) consultation with
other aquaculture producers who have used the design,
(iii) comprehensive
analysis of the manufacturer's performance trials, or
(iv) review by a
professional engineer,
to ensure compatibility
with conditions at the proposed Facility location and with containment
requirements;
(d) holders must ensure
that containment systems and anchoring equipment are installed by a person with
direct and relevant experience.
6 The requirements for containment structure anchoring
equipment are as follows:
(a) anchoring equipment
design must be compatible with the containment structure equipment and
biophysical conditions of the location;
(b) anchoring equipment
must be repaired or replaced with materials that meet or exceed specifications
approved in the holder's licence;
(c) if a holder uses a
multiple point anchoring system, floating accommodation and storage structures
that are attached to containment structure systems must have supplemental
anchoring independent of the containment structures.
7 The requirements for net pens are as follows:
(a) for net pens
manufactured after October 31, 2000:
(i) each net pen must be
marked with the manufacturer's name, the job order number, the year produced,
the original breaking strength, the net pen's dimensions, and the mesh size of
the netting;
(ii) each net pen must be
marked with an inventory control number;
(b) for net pens
manufactured before October 31, 2000 each net pen must be marked with an
inventory control number, the net pen's dimensions, and the mesh size of the
netting;
(c) markings described in
paragraphs (a) and (b) must be permanently marked on a permanent tag that is
attached at the top of the net pen within 1 meter of a corner down line or a
main down line of a circular net pen and within 1 meter of each other if more
than one tag is used;
(d) holders must have a
written maintenance record for each net pen that includes
(i) the inventory control
number,
(ii) the date of initial
deployment if deployed after October 31, 2000,
(iii) the accumulated time
in water after October 31, 2000,
(iv) dates of in-water
inspections,
(v) dates of on-site
repairs and maintenance, including detailed reasons for repair,
(vi) dates of any cleaning,
(vii) dates of results of
out-of-water complete servicing and stress testing, and
(viii) if applicable, the
date of retirement of the net pen;
(e) written maintenance
records for each net pen must be retained for 2 years following retirement of the
net pen;
(f) any net pen that does
not have a permanently attached mesh top must be attached by the water line
rope of the net pen to the net cage as a primary point of attachment and any
attachment of net pens to the net cage railing must be only for support of the
jump net;
(g) jump nets extending at
least 1 meter above the surface of the water must be installed at the top of
any net pen that does not have a permanently attached mesh top;
(h) sufficient weight or
pressure must be used to produce tension on net pen panels with the aim of
maintaining a taut net;
(i) mesh size of netting
must be small enough to contain the smallest fish in a population of fish
placed in the net pen;
(j) all net pen weights
and other equipment must be designed, constructed and installed with the aim of
preventing entanglement and chafing with containment nets, predator nets and
shark guard nets;
(k) all net pen weights,
anchoring equipment, and other equipment that has the potential to come into
physical contact with the net pen must have a smooth exterior that cannot catch
or abrade nets and must be kept free of mussels, barnacles, and other abrasive
marine growth.
8 The requirements for boat operations are as follows:
(a) holders must have a
written protocol for preventing boat and propeller damage to containment
structures and anchoring systems;
(b) holders must ensure
that all staff that operate boats are trained in accordance with the written
protocol in paragraph (a);
(c) if practicable,
propeller guards must be installed on boats used regularly around a containment
structure system;
(d) the holder must
designate a docking site for boats not involved in the cultivation of fish;
(e) the holder must ensure
that signs are on the containment system to direct boats not involved in the
cultivation of fish to designated docking sites;
(f) designated boat
docking sites must be designed to prevent propeller damage to net pens.
B —
Equipment Monitoring, Evaluation and Maintenance
9 All holders must develop written policies and
procedures for the ongoing monitoring, evaluation and maintenance of
containment structures, including net cages, net pens and anchoring systems, in
order to prevent escapes and to detect and respond to any escapes on a timely
basis.
10 A written fish inventory record must be maintained
for each net cage in active service documenting
(a) suppliers of fish
stock,
(b) number of fish
stocked,
(c) number of fish
harvested, and
(d) the causes of
mortalities and the number of mortalities attributable to each cause.
11 Holders must ensure that underwater inspection and
repairs of net pens and any similar structure used to contain fish at holders'
Facilities take place as follows:
(a) divers must conduct an
inspection of all net pens and any similar structure used to contain fish, and
repairs must be made as needed, prior to the initial introduction of fish;
(b) a report of the
inspection and any repairs required in paragraph (a) must be recorded in the
written maintenance record;
(c) divers must conduct
monthly inspections of active net pens, and any similar structure used to
contain fish, and must make repairs as needed, and a report of the inspection
and any repairs must be recorded in the written maintenance record;
(d) subject to paragraph
(e), divers must collect mortalities at least once every week from each active
net pen or any similar structure used to contain fish;
(e) despite paragraph (d),
if mortalities are collected by a means other than by using divers, then divers
must inspect each active net pen and any similar structure used to contain fish
at least once every 2 weeks and a report of the inspection and any repairs must
be recorded in the written maintenance record.
12 The requirements for net cage systems are as follows:
(a) daily above-water
visual inspections of active containment structure equipment must be conducted
at all fin fish aquaculture Facilities and recorded in the maintenance record;
(b) any irregularity noted
in paragraph (a) that increases the risk of escape must be repaired and a
report of the repair must be recorded in the written maintenance record.
13 The requirements for net pens are as follows:
(a) holders must ensure
that all tears found while handling or inspecting net pens in use or intended
for use at any time are repaired immediately and a report of the repair,
including whether the repair is of a permanent or temporary nature, must be
recorded in the written maintenance record;
(b) all temporary repairs
must be replaced with permanent repairs as soon as is practicable;
(c) according to the
dimension classification identified in Table 1, net pens must meet the minimum
breaking strength standards established in Tables 2 through 5;
Table
1: Net Pen Dimension Classification
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Perimeter |
Up to |
> 197 ft. |
> 230 ft. |
> 262 ft. |
> 295 ft. |
> 361 ft. |
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Depth |
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Up to 33 ft. |
A |
A |
B |
C |
C |
D |
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> 33 to 49 ft. |
A |
A |
B |
C |
C |
D |
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> 49 to 66 ft. |
A |
B |
C |
C |
C |
D |
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> 66 to 98 ft. |
C |
C |
C |
C |
D |
D |
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> 98 ft. |
D |
D |
D |
D |
D |
D |
A to D establishes net pen dimension classification.
Depth is from waterline rope
to net pen bottom. Perimeter refers to the line bounding the top of
the net pen.
Table
2: Dimension Classification A
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Mesh Size |
Wet Mesh Breaking Strength Minimum |
Wet Mesh Breaking Strength Minimum |
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7/8" or less |
50 lbs. |
46 lbs. |
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1 to 1 3/8" |
75 lbs. |
69 lbs. |
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1 1/2" |
127 lbs. |
117 lbs. |
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1 5/8" to 2 1/4"
or greater |
157 lbs. |
145 lbs. |
Table
3: Dimension Classification B
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Mesh Size |
Wet Mesh Breaking Strength Minimum |
Wet Mesh Breaking Strength Minimum |
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1 3/8" or less |
111 lbs. |
103 lbs. |
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1 1/2" |
127 lbs. |
117 lbs. |
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1 5/8" to 2 1/4"
or greater |
169 lbs. |
156 lbs. |
Table 4: Dimension Classification C
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Mesh Size |
Wet Mesh Breaking Strength Minimum |
Wet Mesh Breaking Strength Minimum |
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1 3/8" or less |
127 lbs. |
117 lbs. |
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1 1/2" |
169 lbs. |
156 lbs. |
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1 5/8" to 2 1/4"
or greater |
194 lbs. |
179 lbs. |
Table
5: Dimension Classification D
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Mesh Size |
Wet Mesh Breaking Strength Minimum |
Wet Mesh Breaking Strength Minimum |
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1 3/8" or less |
127 lbs. |
117 lbs. |
|
1 1/2" |
194 lbs. |
179 lbs. |
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1 5/8" to 2 1/4"
or greater |
227 lbs. |
209 lbs. |
(d) for each point tested
on a net pen for breaking strength tests in paragraph (c), the reported result
must be the average of 3 breaks;
(e) any breaking strength
test must be applied to areas of original net and not to patches of new
material;
(f) any breaking strength
test must be conducted with a dynamometer or other calibrated tension scale
instrument;
(g) net pens that do not
pass the breaking strength test requirements established in paragraph (c) must
be repaired or retired;
(h) all repairs to net
pens must meet or exceed the standards in paragraph (c);
(i) the requirements for
complete out-of-water servicing of net pens are as follows:
(i) subject to
subparagraph (ii), all net pens must undergo complete out-of-water servicing
after every 18 months of accumulated time in water;
(ii) despite subparagraph
(i), if a net pen contains a group of fish that will be in the net pen for
longer than 18 months, the net pen must undergo complete out-of-water servicing
prior to the introduction of the group of fish and before the introduction of a
new group of fish;
(iii) complete out of
water servicing must include a complete visual inspection, and breaking
strength tests must be performed at 5 points on the net pen;
(iv) the results from
subparagraph (iii) must be recorded in the written maintenance record;
(v) the 5 points which
must be tested on each net pen are
(A) A point 2 meters below
the top of the net pen,
(B) A point 2 meters below
the top of the net pen opposite and equidistant from the point described in
clause (A),
(C) A point at the
midpoint of depth of the net pen,
(D) A point opposite and
equidistant from the point described in clause (C) at the midpoint of depth of
the net pen, and
(E) A point on the bottom
panel;
(j) net pens stored on dry
land must be stored in a manner that prevents exposure to ultraviolet light.
14 The requirements for anchoring systems are as
follows:
(a) holders must ensure
that annual inspections of subsurface anchoring equipment are conducted by
divers or other means to a depth of 10 meters below the surface and the results
and any repairs needed must be recorded in the written maintenance record;
(b) land based inspections
of shore mounted anchoring equipment must be conducted once a year at a low
tide and the results and any repairs needed must be recorded in the written
maintenance record;
(c) repairs identified as
needed in all annual anchor system inspections must be performed as soon as
practicable and recorded in the written maintenance record.
15 A surface inspection of all containment structures
must be carried out following every storm with winds over 55 knots or waves
over 2 meters and a report of the inspection must be recorded in the written
maintenance record.
16 All written maintenance records must be available for
inspection at the fin fish aquaculture Facility and must be produced upon
request by an aquaculture inspector, inspector of fisheries or conservation
officer at the premises during normal business hours.
C —
Key Operational Activities
17 Equipment and practices related to boat operations,
fish feeding, fish handling, mortality recovery, smolt delivery, grading,
harvesting, and other activities must be designed and conducted in a manner
that prevents the escape of fish.
18 Spotters must be used to visually monitor and prevent
damage to net pens, ropes and net cages during all fish handling activities,
including when a large vessel is operating in the vicinity of active net pens.
19 Large vessels must not be moored to net cage rails or
stanchions at any time.
20 Net pens and net cages must be monitored on a daily
basis for floating woody debris, and large debris must be removed or towed away
immediately.
21 Damage to net pens caused by floating debris must be
repaired immediately and a report of the repair actions must be entered in the
written maintenance log.
22 Catch nets must be used to prevent escapes due to
human error, equipment failure, or fish jumping out of the equipment while
holders are transporting, harvesting, grading, sampling and moving live fin
fish outside of net pens.
23 holders must prepare a written protocol for towing
net pens that contain live fin fish within the boundaries of the holder's
tenure.
24 A written towing plan must be prepared prior to any
emergency or non-emergency towing of any net pens that contain live fin fish to
a destination outside a holder's tenure boundary and must include consideration
of the following:
(a) towing sequence;
(b) minimum number of
boats necessary to meet towing needs and to provide backup, if necessary;
(c) optimum towing time
during tidal cycles;
(d) direction of tide and
towing;
(e) detailed drawings of
each site, including the maximum and minimum depths of shore-side anchor lines;
(f) towing bridles;
(g) depths of water on
towing path;
(h) mooring points;
(i) response in the event
of a towing accident resulting in escape of fish.
25 A copy of the towing plan must be made available and
communicated to all staff involved prior to the towing event.
26 Only staff suitably trained in handling equipment and
live fin fish may undertake net towing operations involving transfer of live
fin fish.
27 Subject to section 28, net pens used for any
non-emergency towing involving live fin fish must be constructed of netting
with a breaking strength of 175 pounds or greater.
28 Despite section 27, net pens with a mesh size less
than 1 ¼ inch used for any non-emergency towing event involving live fin fish
must be constructed of netting with a breaking strength of 100 pounds or
greater.
D —
Human Resource Practices
29 Holders must develop written policies and procedures
to guide Facility staff in conducting the business of aquaculture in a manner
that prevents escapes and so that if escapes occur, staff detect and respond
immediately and appropriately.
30 All Facility staff must be adequately trained to
conduct the business of aquaculture in a manner that prevents escapes and so
that if escapes occur, they detect and respond immediately and appropriately.
Part
III — Escape Response
31 Every holder must have a written escape recapture
plan.
32 Holders must ensure that their escape recapture plans
are posted in visible locations at their Facilities and that the locations and
contents of the posted plans are made known to all staff.
33 Subject to complying with all applicable laws,
including the federal Fisheries Act and its regulations, holders must
immediately attempt to recapture fish that escape from their Facilities.
34 Holders must make their best efforts to establish an
arrangement with Fisheries and Oceans Canada that any approvals required by
that agency prior to recapture attempts can be obtained in an expedited fashion
without undue delay.
35 Holders' escape response plans must include
step-by-step procedures for preventing further escapes and for reporting
escapes.
36 Holders must ensure that the procedures in section 35
are carried on board their vessels and vehicles transporting live fin fish, are
posted in a visible location at their Facilities and that the locations and
contents of the posted plans are made known to all staff.
37 After an escape or suspected escape, immediate
corrective action to prevent further escapes must be taken.
38 At the earliest possible time following an escape,
holders must investigate to determine the cause of the escape, report the
results of the investigation to the manager of aquaculture, and report actions
taken to prevent further escapes.
Part
IV — Predator Avoidance
39 Equipment and practices related to predator avoidance
must be designed and conducted in a manner that prevents the escape of fish.
40 All mortalities must be inspected for signs of
predator attack.
41 All mortalities resulting from predator attack must be
recorded in the written inventory record.
42 If a pattern of predator attacks is established and
mortalities are experienced at a location, holders must initiate additional
measures in advance of net damage and collateral stock escape.
43 Feed must be stored in sealed buildings or in
containers with tight fitting lids capable of being locked or tied down.
44 Walkways and pen systems must be kept clean and free
of feed.
Note: This regulation replaces B.C. Reg. 327/89
[Provisions of the Fisheries Act,
R.S.B.C. 1996, c. 149, relevant to the enactment of this regulation: section
26]