SEM-12-001
The Council voted not to instruct the Secretariat to prepare a factual record.
Status: Closed
The Submitters assert that Canada is failing to effectively enforce its environmental law and in particular, provisions of the federal Fisheries Act (the "Act").
Section 35 of the Act prohibits “any work or undertaking that results in the harmful alteration, disruption or destruction of fish habitat” without valid authorization. In Submission SEM-12-001 (BC Salmon Farms), the Submitters assert that Canada has allowed more than 100 commercial salmon farms, or feedlots, to operate in coastal British Columbia. The Submitters assert that section 35 authorizations are required “because each salmon feedlot is responsible for creating a harmful alteration, disruption, or destruction of fish habitat.” The Submitters allege that such salmon farms are not, however, validly authorized.
Section 36 of the Act, among other things, prohibits the deposit of a “deleterious substance” in “water frequented by fish” unless such deposit is authorized by regulation. The Submitters assert that because of “the government's failure to prohibit the use of the neurotoxic chemical, emamectin benzoate, used to treat infestations of sea lice, despite evidence that this substance is deleterious to natural fish habitat,” Canada is failing to enforce section 36 of the Act.
The Submitters assert generally, that as a result of the above-mentioned alleged failures to enforce sections 35 and 36 of the Fisheries Act, Canada is “exposing wild salmon to amplified levels of parasites such as sea lice, viral and bacterial diseases, toxic chemicals, and concentrated waste.”
Canada informed the Secretariat that two legal proceedings were underway in Canada and that continuing with the submission would result in duplication of and/or interference with these legal proceedings.
Sections 35 and 36 of the federal Fisheries Act
Center for Biological Diversity, the Pacific Coast Wild Salmon Society, the Kwikwasu’tinuxw Haxwa’mis First Nation, and the Pacific Coast Federation of Fishermen’s Associations
Submission - Submission authored by Submitter(s) on 07/02/2012
Annex - Other document authored by Individual or entity named in Submission on 14/08/2011
Annex - Other document authored by Individual or entity named in Submission on 29/12/2011
Annex - Other document authored by Individual or entity named in Submission on 29/12/2011
Other Documents - Other document authored by Canada on 03/02/2012
Submission - Submission authored by Submitter(s) on 07/02/2012
Other Documents - Other document authored by Submitter(s) on 13/02/2012
Other Documents - Other document authored by Submitter(s) on 13/02/2012
Other Documents - Other document authored by Individual or entity named in Submission on 29/12/2011
Other Documents - Other document authored by Individual or entity named in Submission on 14/08/2011
Other Documents - Other document authored by Individual or entity named in Submission on 14/08/2011
Other Documents - Other document authored by Individual or entity named in Submission on 29/12/2011
Other Documents - Other document authored by Individual or entity named in Submission on 29/12/2011
Other Documents - Other document authored by Individual or entity named in Submission on 31/12/2011
Acknowledgement - Communication to Submitter(s) authored by Secretariat on 13/02/2012
Acknowledgement - Communication to Submitter(s) authored by Secretariat on 15/02/2012
Determination - Secretariat Determination under Article 14 (1) and 14 (2) authored by Secretariat on 12/09/2013
Party Response - Response from the Party under Article 14 (3) authored by Canada on 04/10/2013
Acknowledgement - Other document authored by Secretariat on 10/10/2013
Other Documents - Communication to Submitter(s) authored by Secretariat on 10/10/2013
Secretariat Information Request - Other document authored by Submitter(s) on 04/11/2013
Party Response - Additional information provided by Party under Article 21 (1)(b) authored by Canada on 17/12/2013
Acknowledgement - Other document authored by Secretariat on 18/12/2013
Notification - Other document authored by Secretariat on 07/05/2014
Recommendation - Secretariat Notification to Council under Article 15(1) authored by Secretariat on 12/05/2014
Other Documents - Other document authored by Canada on 30/05/2014
Resolution - Council decision concerning the development of a Factual Record authored by Council on 09/12/2014
Other Documents - Council decision concerning the development of a Factual Record authored by Council on 09/12/2014
Other Documents - Other document authored by United States on 09/12/2014
