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B.C. First Nations claim fish farm licences infringe upon their fishing rights

2 B.C. First Nations are taking the federal government and fish farm companies to court
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A pair of B.C. First Nations is taking the federal government and two fish farming companies to court to overturn a decision allowing the firms to operate open-net pen Atlantic salmon fish farms, claiming they infringe upon Aboriginal rights. An Atlantic salmon during a fisheries department fish health audit at a fish farm near Campbell River, B.C., on Oct. 31, 2018. THE CANADIAN PRESS /Jonathan Hayward

Two B.C. First Nations are taking the federal government and fish farm companies to court trying to overturn a decision that allows the farms to continue to operate off B.C.害羞草研究所檚 coast for another five years.

The 害羞草研究所楴amgis and the Kwikwasut害羞草研究所檌nuxw Haxwa害羞草研究所檓is First Nations say in separate Federal Court applications the decision infringes on their Aboriginal rights.

The fisheries department had been phasing out the fish farms, but last month Canada害羞草研究所檚 fisheries minister extended licences for another five years for Grieg Seafood and Mowi Canada to continue to run 14 farms.

In the 害羞草研究所楴amgis害羞草研究所 application, the First Nation claims fish stocks of pink, coho, Chinook and sockeye salmon have become 害羞草研究所渟everely depleted,害羞草研究所 prompting the Nation to stop fishing for those stocks in Nimpkish River, build a hatchery and start a pilot project for a land-based fish farm facility.

The application says the fish farms licensed by the minister are 害羞草研究所渁long crucial choke points of the migratory routes of wild Pacific salmon害羞草研究所 that the nation have been fishing for since 害羞草研究所渢ime immemorial.害羞草研究所

The 害羞草研究所楴amgis say the minister is mandated to protect and conserve fish, but the fisheries department has allegedly ignored that mandate since it began regulating fish aquaculture, and the department害羞草研究所檚 害羞草研究所渉istory of mismanagement, regulatory capture, and bias is notorious.害羞草研究所

The Kwikwasut害羞草研究所檌nuxw Haxwa害羞草研究所檓is First Nation害羞草研究所檚 application says the federal government made the decision to licence the fish farms without proper consultation, despite 害羞草研究所渢he increased threat to already declining migrating wild salmon posed by the ongoing operation of the fish farms.害羞草研究所

害羞草研究所淔or consultation to be meaningful, a decision-maker must engage in consultation efforts in good faith and with an open mind,害羞草研究所 the application says. 害羞草研究所淎 consultation process that provides no opportunity to inform or change the course of the decision is merely an opportunity to 害羞草研究所榖low off steam.害羞草研究所櫤π卟菅芯克鶟

The 害羞草研究所楴amgis害羞草研究所 application says the decision to give licences to Grieg and Mowi害羞草研究所檚 fish farms for another five years 害羞草研究所渃reates a direct risk to the survival of wild Pacific salmon害羞草研究所 and the nation害羞草研究所檚 ability to continue exercising its Aboriginal right to fish.

The Canadian Press

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