Salmon Ltd. pleaded guilty to violating the Fisheries
Act. Its illegal use of a pesticide contributed to
substantial lobster kills in southwestern New Brunswick. The court
ordered Kelly Cove Salmon Ltd. to pay a total of $500,000, one of
the largest and most significant penalties ever levied in Canada
under the Fisheries Act.
$50,000 of the penalty will go to the Environmental Damages Fund, another $250,000
will be directed towards scholarships, another $100,000 will be
directed in support of environmental studies and research projects,
and the remaining $100,000 is the court fine.
Kelly Cove Salmon Ltd. pleaded guilty to releasing cypermethrin
into fish-bearing waters in southwestern New Brunswick.
Cypermethrin is an agricultural pesticide that is not permitted for
use in marine environments because of its proven toxicity to
crustaceans, including lobsters and shrimp. Kelly Cove used the
pesticide to address a major sea lice infestation in their salmon
farm, knowing that it was illegal to do so. Sea
lice is a serious pest of open water fish farms, and also one of
their major threats to wild fish stocks.
On November 19, 2009, Environment Canada was informed that
lobster fishers in southwestern New Brunswick were finding dead and
dying lobsters in their traps. Environmental Enforcement officers
subsequently collected samples of the affected lobsters from Grand
Manan and Deer Island, as well as fish, mussels and kelp in the
areas where the lobsters were found. These samples were sent to
Environment Canada's lab in Moncton for forensic analysis.
Results proved the dead lobsters collected in Grand Manan and Deer
Island were exposed to cypermethrin.
An intensive two-year investigation by Environment Canada's
enforcement officers and Atlantic Laboratory for Environmental
Testing resulted in this successful prosecution. Another reason for
caution about farmed salmon.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The Imperial Oil refinery pled guilty to one offence for discharging a contaminant, coker stabilizer, thermocracked gas, into the natural environment causing an adverse effect and was fined $650,000...
Ontario's Ministry of the Environment and Climate Change continues to roll out its Climate Change Action Plan with its proposed GHG guide for projects that are subject to the province's Environmental Assessment Act.
In June, 2016, Justice Faieta of the Ontario Superior Court of Justice awarded damages of $57,712.31 plus interest against legal counsel who failed to file a claim within the required limitation period.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).