Aquaculture Management Regulations (N.S. Reg. 348/2015)

Aquaculture Management Regulations made under Section 64 of the Fisheries and Coastal Resources Act S.N.S. 1996, c. 25 O.I.C. 2015-339 (October 26, 2015), N.S. Reg. 348/2015 Table of Contents Please note: this table of contents is provided for convenience of reference and does not form part of the regulations. Click here to go to the text of the regulations. Citation Definitions Administration Chief Aquatic Animal Health Veterinarian Release of information to the public Farm Management Plans Farm Management Plan and record of amendments Required content for Farm Management Plan Minister may require amendments to Farm Management Plan Adherence to Farm Management Plan Fish health content Environmental monitoring content for finfish in marine aquaculture site Environmental monitoring content for shellfish and plants in marine aquaculture site Environmental monitoring content for land-based aquaculture site Alternative procedures to achieve effective environmental monitoring Farm operations content Containment management content Aquaculture Management Areas Minister may define aquaculture management area Agreement among multiple licensees in aquaculture management area Disease Surveillance and Reporting Health records for aquaculture sites Diagnostic testing by approved laboratory Mandatory reporting of products used for treatments Mandatory reporting of disease or mortality Managing Outbreaks of Disease Outbreak of disease Authority during outbreak Minister may make quarantine order Serving quarantine order Minister may order slaughter, destruction or disposal Disease management measures for quarantine area Testing and sampling restocked fish in quarantine area Consequences of non-compliance Environmental Monitoring Management Requirements for stocking Updating mitigation plan Oxic conditions remediation requirements Containment Management Monitoring Mandatory notification to Department of breach Third-party audit of containment management section required Report to Minister on third-party audit of containment management section Adopted federal containment management procedures Audits of Farm Management Plans Appointment of aquaculture management specialist When audit may be conducted Powers of auditor Records, Reports and Release of Information Records to be kept by aquaculture licence holder Reports on records Certificate of Health for Transfer Obtaining certificate Certificate required for transfer Certificate kept and produced on request Citation 1 These regulations may be cited as the Aquaculture Management Regulations. Definitions 2 In these regulations, “biosecurity measures”, in relation to an aquaculture site, means the measures taken to prevent the entry or escape of disease causing agents; “breach” means any escaping of fish from an aquaculture site; “Chief Aquatic Animal Health Veterinarian” means the veterinarian appointed by the Minister under Section 3; “containment management” means the structures in place, and practices carried out, to contain the fish at an aquaculture site; “critical control limit” means the level or range of a value measured at a critical control point at which no remedial action is required; “critical control point” means a stage in a procedure at which an action could be taken, if necessary, to prevent, eliminate or reduce a risk; “disease” means any condition that adversely affects the health of fish; “fallow period” means a period of time during which aquacultural produce must not be present and aquaculture must not be carried out at an aquaculture site; “Farm Management Plan” means the document required by Section 5 that sets out how the aquaculture licence holder must address issues such as fish health management, environmental monitoring, farm operations and containment management at their aquacultural operation; “fish” means any finfish or shellfish; “holding unit” means a cage, tank, pond or other device used to contain, hold or demarcate groups of fish; “laboratory” means any of the following: (i) a laboratory operated or managed by an aquaculture licence holder, (ii) a veterinary diagnostic or research laboratory, (iii) a medical or clinical diagnostic laboratory, (iv) a medical research laboratory; “mitigation plan” means a mitigation plan to address poor environmental performance determined through monitoring, as required by clause 10(1)(e) or 11(1)(e) for a marine aquaculture site or by subsection 12(1) for a land-based aquaculture site; “oxic conditions”, in relation to sub-aquatic lands, means oxygen availability indicated directly or indirectly by a verifiable and quantifiable measure; “quarantine” means the isolation of an aquaculture site and the control or prohibition of the movement of fish, fish products, food, equipment or any other thing to or from the site; “quarantine order” means an order for a quarantine issued by the Minister under Section 24; “test”, in relation to an aquatic animal, includes the collection of body tissue or fluid from the aquatic animal for the purpose of determining whether the animal is infected with a disease causing agent; “veterinarian” means a person who is permitted to practise veterinary medicine in the Province under the Veterinary Medical Act; “veterinary administrator” means a veterinarian employed by the Department to assist in administering these regulations. Administration Chief Aquatic Animal Health Veterinarian 3 (1) The Minister must appoint a person as the chief aquatic animal health veterinarian to administer parts of these regulations. (2) In the absence of the Chief Aquatic Animal Health Veterinarian, the Minister may temporarily delegate the powers and duties of the Chief Aquatic Animal Health Veterinarian to a veterinary administrator. (3) The Chief Aquatic Animal Health Veterinarian or a veterinary administrator, in exercising powers under these regulations, may be accompanied by any person they consider necessary to enable them to exercise those powers. Release of information to the public 4 The Minister may establish policies for the routine release to the public of aquaculture related information held by the Department, including policies for any of the following: (a) the type of information to be released; (b) the manner in which information is released; (c) the timing of the release of information. Farm Management Plans Farm Management Plan and record of amendments 5 (1) An aquaculture licence holder must prepare a Farm Management Plan in accordance with these regulations and submit it to the Minister for approval at the following times: (a) before the initial stocking of their aquaculture site; (b) no later than 12 months after the date these regulations come into force, for a person who holds an aquaculture licence on the date these regulations come into force. (2) An aquaculture licence holder must keep a record of any amendments to their Farm Management Plan, to be provided as required as part of an audit under Section 38. Required content for Farm Management Plan 6 (1) A Farm Management Plan must include any information required by the Minister, including sections for all of the following: (a) fish health management, in accordance with Section 9; (b) environmental monitoring, in accordance with Sections 10 to 13; (c) farm operations, in accordance with Section 14; (d) containment management, in accordance with Section 15, for holders of aquaculture licences for finfish in marine aquaculture sites. (2) Each procedure contained in a Farm Management Plan must include any of the following that apply with respect to that procedure: (a) critical control points; (b) critical control limits; (c) details about how the procedure is to be monitored; (d) details about corrective actions to be taken. (3) The Minister may establish minimum requirements for the procedures referred to in subsection (2). (4) The Minister must publish any minimum requirements established under subsection (3) on the Department’s website. Minister may require amendments to Farm Management Plan 7 On reviewing a Farm Management Plan, the Minister may require the Plan to be amended. Adherence to Farm Management Plan 8 An aquaculture licence holder must adhere to the procedures contained in their Farm Management Plan and must keep records that (a) verify adherence to the procedures; and (b) demonstrate that effective action was taken at critical control points. Fish health content 9 (1) The fish health section of a Farm Management Plan must include any information and procedures the Minister requires to ensure the effective management of fish health at an aquacultural operation, including all of the following: (a) for a holder of an aquaculture licence for shellfish, shellfish husbandry; (b) for a holder of an aquaculture licence for finfish, finfish husbandry and welfare, veterinary care and disease surveillance practices; (c) biosecurity measures; (d) general emergency measures, including culling or mass stock depopulation practices. (2) In addition to the procedures required by subsection (1), the fish health section of a Farm Management Plan for an aquacultural operation in which trout or salmon is farmed at a marine aquaculture site must include procedures for managing sea lice. (3) The holder of an aquaculture licence for finfish in a marine aquaculture site must submit an updated fish health section of their Farm Management Plan for approval once a year, at a time determined by the Minister. Environmental monitoring content for finfish in marine aquaculture site 10 (1) For a holder of an aquaculture licence for finfish in a marine aquaculture site, the environmental monitoring section of a Farm Management Plan must include any information and procedures the Minister requires to ensure the effective environmental monitoring of the site, including all of the following: (a) processes for measuring oxic conditions within the boundaries of the site and at any other locations determined by the Minister; (b) the monitoring schedule and associated process for reporting results; (c) sampling locations for each monitoring event; (d) processes for assessing and reporting on the stocking levels associated with monitoring events; (e) a mitigation plan. (2) Any information resulting from the environmental monitoring procedures required by subsection (1) must be submitted by the aquaculture licence holder to the Minister on annual basis, at a time determined by the Minister. Environmental monitoring content for shellfish and plants in marine aquaculture site 11 (1) For the holder of an aquaculture licence for shellfish or plants in a marine aquaculture site, the environmental monitoring section of a Farm Management Plan must include any information and procedures the Minister requires to ensure the effective environmental monitoring of the site, including all of the following: (a) processes for assessing the sub-aquatic land within the boundaries of the site, and any other locations as determined by the Minister; (b) the monitoring schedule and associated process for reporting results; (c) locations for each monitoring event; (d) processes for assessing and reporting stocking levels associated with monitoring events; (e) a mitigation plan. (2) Any information resulting from the environmental monitoring procedures required by subsection (1) must be submitted by the aquaculture licence holder to the Minister on annual basis, at a time determined by the Minister. Environmental monitoring content for land-based aquaculture site 12 (1) The environmental monitoring section of a Farm Management Plan for a holder of an aquaculture licence for a land-based aquaculture site must include any information and procedures the Minister requires to ensure the effective environmental monitoring of that type of aquacultural operation, including a mitigation plan. (2) Any information resulting from the environmental monitoring procedures required by subsection (1) must be submitted by the aquaculture licence holder to the Minister periodically, at a time determined by the Minister. Alternative procedures to achieve effective environmental monitoring 13 If an aquaculture licence holder establishes to the Minister’s satisfaction that not all of the requirements in these regulations are relevant to their aquacultural operation, or that different requirements would be more appropriate to achieve effective environmental monitoring of their aquacultural operation, the Minister may do any of the following: (a) waive the requirement for the aquaculture licence holder to provide all of the information and procedures required by these regulations; (b) accept alternative information and procedures proposed by the aquaculture licence holder. Farm operations content 14 The farm operation section of a Farm Management Plan must include any information the Minister requires to ensure the responsible operation of an aquacultural operation, including information and procedures that are consistent with industry best practices relating to all of the following: (a) storing and disposing of feed, fuel, lubricants and chemicals; (b) removing and disposing of accumulated refuse and decommissioned farm supplies and equipment; (c) retrieving any gear or debris from the aquacultural operation that has broken loose; (d) interactions with wildlife; (e) maintaining the site in good order; (f) noise. Containment management content 15 The containment management section of a Farm Management Plan for a holder of an aquaculture licence for finfish in a marine aquaculture site must include information and procedures related to all of the following: (a) operating procedures that limit the risk of a breach; (b) processes for installing and maintaining infrastructure in place to limit the risk of a breach; (c) responses to breaches; (d) areas of potential impact if a breach occurs; (e) management of the site if unusual events or severe weather occurs; (f) schedules for reporting (i) initial farm stocking, and (ii) inventory levels during production; (g) proof of a professional engineer’s approval of the design of the structures in place for containment management. Aquaculture Management Areas Minister may define aquaculture management area 16 The Minister may establish an area with multiple aquaculture sites as an aquaculture management area for the purpose of managing the health of aquatic animals in the area. Agreement among multiple licensees in aquaculture management area 17 (1) If the aquaculture sites within an aquaculture management area established under Section 16 are operated by 2 or more aquaculture licence holders, all the aquaculture licence holders within the aquaculture management area must agree among themselves, in writing, to do all of the following: (a) share procedures that are required to be carried out under their Fish Health Management Plans; (b) coordinate treatments where applicable; (c) coordinate fallow periods; (d) create communication protocols concerning all fish health issues of common concern. (2) A copy of an agreement required by subsection (1) must be submitted to the Minister annually at a time determined by the Minister. (3) If the Minister considers it necessary to better prevent and manage disease, the Minister may require an amendment to any agreement submitted under subsection (2). (4) If the aquaculture licence holders within an aquaculture management area fail to agree on any of the requirements in subsection (1), the Minister must determine the requirements and notify the licence holders that they must comply with the Minister’s direction. Disease Surveillance and Reporting Health records for aquaculture sites 18 (1) An aquaculture licence holder must keep health records for the current stock in each of the licence holder’s aquaculture sites and must submit the records to the Minister at the Minister’s request. (2) The Minister may determine the information that an aquaculture licence holder must include in the health records required by subsection (1). Diagnostic testing by approved laboratory 19 (1) In this Section, “approved laboratory” means a laboratory approved by the Minister to conduct diagnostic testing on fish for the purpose of disease surveillance. (2) The Chief Aquatic Animal Health Veterinarian may require an aquaculture licence holder to collect and submit samples to an approved laboratory for diagnostic testing. Mandatory reporting of products used for treatments 20 An aquaculture licence holder must report any use of any of the following at their aquacultural operation to the Minister in the manner and at the times determined by the Minister: (a) antibiotics; (b) products to treat sea lice. Mandatory reporting of disease or mortality 21 (1) In this Section, “mass mortality”, in relation to fish in an aquaculture site, means (i) the death, within a 24-hour period, of fish (A) whose total weight is at least 4000 kg, or (B) whose number is equivalent to at least 2% of the current aquaculture site inventory, or (ii) the death, within a 5-day period, of fish (A) whose total weight is at least 10 000 kg, or (B) whose number is equivalent to at least 5% of the current aquaculture site inventory; “reportable disease” means a disease that the Minister determines must be reported to the Chief Aquatic Animal Health Veterinarian in accordance with subsection (4); “significant mortality event” means the death of fish at an aquaculture site that results in a daily mortality rate of over 0.05% of the fish in the same holding unit for 3 consecutive days. (2) The Minister must post a list of all reportable diseases on the Department’s website. (3) The reporting requirements in this Section apply to all of the following persons: (a) an aquaculture licence holder; (b) a member of the personnel of an aquacultural operation; (c) a veterinarian; (d) a member of the personnel of a laboratory. (4) A person listed in subsection (3) must immediately report any of the following to the Chief Aquatic Animal Health Veterinarian by telephone, followed by a written report no later than 24 hours after the telephone report: (a) knowledge or suspicion that a fish may have a reportable disease; (b) mass mortality; (c) a significant mortality event of unknown etiology. (5) A report under this Section must include the name and contact information of the person who is making the report together with all of the following information, if available, about the aquaculture site and fish that are the subject of the report: (a) all of the following information about the aquacultural operation: (i) name of the aquaculture licence holder, (ii) license or lease number, (iii) location of the site, including the address, (iv) holding unit number infected or suspected to be infected; (b) the species, age and number of fish in the holding unit; (c) the presumptive diagnosis; (d) clinical signs of disease in the affected fish; (e) the mortality rate. Managing Outbreaks of Disease Outbreak of disease 22 For the purposes of Sections 23 and 24, an outbreak of disease is the presence of disease that, in the opinion of the Chief Aquatic Animal Health Veterinarian, requires extraordinary means for control. Authority during outbreak 23 If the Chief Aquatic Animal Health Veterinarian suspects or considers a situation to be an outbreak of disease, the Chief Aquatic Animal Health Veterinarian or veterinary administrator may (a) with respect to each aquaculture site where the disease was reported, do any of the following: (i) take samples of the fish, other organisms or water, (ii) undertake an epidemiological investigation, (iii) order the treatment of a group of fish, (iv) order the vaccination of a group of fish, (v) order that no fish be moved to or from the site, (vi) require the aquaculture licence holder to take enhanced biosecurity measures; (b) for the purpose of inspecting or examining fish to determine whether the fish are infected with a disease, do any of the following: (i) stop and inspect any vehicle, including the vehicle’s load, in which the Chief Aquatic Animal Health Veterinarian or veterinary administrator believes fish are being or have been transported, (ii) inspect each aquaculture site where the fish originated or to which a disease causing agent may have spread. Minister may make quarantine order 24 (1) The Minister may make an order designating any aquaculture site or any other area where an outbreak of disease is known or suspected as a quarantine area. (2) A quarantine order may include any conditions or restrictions with respect to the quarantine area that the Minister considers necessary or advisable in the circumstances, including biosecurity measures. Serving quarantine order 25 A quarantine area order must be served on each holder of an aquaculture licence for an aquaculture site within the quarantine area. Minister may order slaughter, destruction or disposal 26 (1) The Minister may order the slaughter, destruction or disposal of any fish in a quarantine area. (2) Nothing in these regulations imposes an obligation on the Minister to pay compensation for any fish slaughtered, destroyed or disposed of under an order under subsection (1). Disease management measures for quarantine area 27 (1) The Chief Aquatic Animal Health Veterinarian may specify disease management measures required for complying with a quarantine order, including any of the following: (a) controlling the movement of any fish or thing into or out of the quarantine area; (b) slaughtering, destroying or disposing of any fish in the quarantine area, as ordered under Section 26; (c) operating a disinfection station at the entrance to and exit from any aquaculture site in the quarantine area; (d) disinfecting any thing in the quarantine area; (e) eradicating the disease or disease causing agents in the quarantine area; (f) establishing a fallow period for the quarantine area; (g) preventing the spread of the disease or disease-causing agents out of or into the quarantine area. (2) An aquaculture licence holder whose aquaculture site is the subject of a quarantine order must provide to the Chief Aquatic Animal Health Veterinarian, for approval, written incident-specific information indicating how they will take any disease management measures specified under subsection (1). Testing and sampling restocked fish in quarantine area 28 (1) The Chief Aquatic Animal Health Veterinarian may require an aquaculture licence holder whose aquaculture site is subject to a quarantine order to complete specified testing of newly stocked fish within a specified period of time after the date the site is restocked. (2) The Chief Aquatic Animal Health Veterinarian or veterinary administrator may collect samples of newly stocked fish for testing. Consequences of non-compliance 29 (1) If the Minister believes, on reasonable grounds, that a quarantine order, a disease management requirement under Section 27 or a requirement for testing under Section 28 has not been complied with, the Chief Aquatic Animal Health Veterinarian or veterinary administrator may enter any place in the quarantine area and take or cause to be taken any steps they consider necessary to accomplish the following: (a) ensure compliance with the order or requirement; (b) remedy the consequences of the failure to carry out the order or requirement. (2) The Minister may recover any expenses reasonably incurred in taking steps under subsection (1) from the person who failed to comply with the quarantine order or the requirement. Environmental Monitoring Management Requirements for stocking 30 (1) In this Section, “baseline assessment” means environmental monitoring procedures carried out at an aquaculture site to record, for the purpose of future comparison, the state of environmental conditions that prevail without aquacultural produce at the site. (2) Before the initial stocking or restocking of an aquaculture site, an aquaculture licence holder must obtain the Minister’s approval for the proposed stocking level as being supported by either the baseline assessment of the site or by environmental monitoring results. Updating mitigation plan 31 (1) If poor environmental performance is determined through monitoring, an aquaculture licence holder must update their mitigation plan to address the poor environmental performance and submit the updated plan for the Minister’s approval. (2) An aquaculture licence holder must implement an updated mitigation plan approved under subsection (1) within the timeframe determined by the Minister. Oxic conditions remediation requirements 32 (1) A holder of an aquaculture licence for finfish in a marine aquaculture site must conduct their aquacultural operation in a manner that maintains oxic conditions that indicate that sufficient oxygen is present within the boundaries of their site. (2) If monitoring results indicate that the oxic conditions referred to in subsection (1) are not maintained, an aquaculture licence holder must do all of the following: (a) conduct follow up (level II) monitoring no later than 35 days after obtaining the monitoring results; (b) submit the results of the follow up (level II) monitoring conducted under clause (a), along with an updated mitigation plan, no later than 14 days after conducting the monitoring, for the Minister's approval. (3) In addition to the requirements in subsection (2), the aquaculture licence holder must take any action at the aquaculture site required by the Minister to reduce environmental impact, including any of the following: (a) expediting the harvest program; (b) extending a fallow period; (c) limiting approved stocking levels; (d) adjusting the site layout. Containment Management Monitoring Mandatory notification to Department of breach 33 (1) A holder of an aquaculture licence for finfish in a marine aquaculture site must conduct their aquacultural operation in a manner that is designed to prevent breaches. (2) A holder of an aquaculture licence for finfish in a marine aquaculture site or any personnel of their aquacultural operation who know or suspect a breach must immediately notify the Department in the manner determined by the Minister and in accordance with subsection (3). (3) A notice required by subsection (2) must include any information the Minister requires to ensure that the suspected or confirmed breach is remedied, including all of the following information: (a) name and contact information of the individual who is making the report; (b) suspected date of the breach; (c) all of the following information about the aquacultural operation: (i) name of the aquaculture licence holder, (ii) licence or lease number, (iii) address of the site, (iv) holding unit number where the suspected or confirmed breach occurred; (d) species and approximate age, size, and weight of the fish that escaped; (e) approximate number of fish in the holding unit where the suspected or confirmed breach occurred; (f) freshwater place of origin of the fish that escaped; (g) level of the suspected or confirmed breach; (h) suspected or confirmed cause of the breach; (i) any mitigation efforts that have been undertaken, are in progress or are proposed. Third-party audit of containment management section required 34 The containment management section of a Farm Management Plan must be audited at all of the following times by a third party approved by the Minister: (a) before the initial stocking of an aquaculture site; (b) at least once a year for all stocked aquaculture sites; (c) no later than 30 days after the date that a breach of more than 50 fish is reported; (d) when 1 or more cultured Atlantic Salmon are found in a river, for all aquaculture licence holders who have identified the river in their containment management section as being potentially affected by a breach other than aquaculture licence holders who have an approved marking plan that verifies the fish are not part of their operation; (e) no later than 12 months after the date these regulations come into force, for a person who holds an aquaculture licence for finfish in a marine aquaculture site on the date these regulations come into force. Report to Minister on third-party audit of containment management section 35 (1) A report on the results of a third-party audit of the containment management section of a Farm Management Plan must be submitted to the Minister no later than the following dates: (a) for an audit required by clause 34(a), (b) or (e), 30 days after the date the audit is completed; (b) for an audit required by clause 34(c) or (d), 15 days after the date that the audit is completed. (2) A report required by subsection (1) must include any corrective actions taken in response to the results of the audit. Adopted federal containment management procedures 36 (1) If requirements that are more stringent than the requirements for containment management in these regulations are established under the laws of Canada, the Minister may adopt and impose those requirements on aquaculture licence holders. (2) The Minister must notify all affected aquaculture licence holders before imposing any requirements under subsection (1). Audits of Farm Management Plans Appointment of aquaculture management specialist 37 The Minister may appoint a person as an aquaculture management specialist to audit the implementation of a Farm Management Plan at an aquacultural operation. When audit may be conducted 38 An aquaculture management specialist, the Chief Aquatic Animal Health Veterinarian, or a veterinary administrator may audit an aquacultural operation’s Farm Management Plan at any time. Powers of auditor 39 As part of an audit under Section 38, an auditor may do any of the following: (a) enter and inspect any aquaculture site or any other facility or location that the Farm Management Plan applies to; (b) accompany individuals who are collecting or analyzing samples; (c) accompany individuals who are inspecting equipment or gear; (d) observe and document the procedures used in collecting or analyzing samples; (e) collect samples of any substance for examination and analyses; (f) examine or test equipment and materials; (g) require production of written and electronic copies of procedures, records or documents that they believe contain information related to the Farm Management Plan, and examine and make copies of them. Records, Reports and Release of Information Records to be kept by aquaculture licence holder 40 (1) An aquaculture licence holder must keep all records relating to their Farm Management Plan at their place of business. (2) A record referred to in subsection (1) must be kept for at least 7 years from the date the record is created or updated. Reports on records 41 An aquaculture licence holder must submit reports relating to the records required by these regulations at times determined by the Minister, or on the request of the Minister or the Minister’s designate. Certificate of Health for Transfer Obtaining certificate 42 (1) In this Section and in Sections 43 and 44, “certificate of health for transfer” means a certificate issued by the Minister that authorizes an aquaculture licence holder to move fish to or from an aquaculture site. (2) An aquaculture licence holder must comply with any conditions set by the Minister for issuing a certificate of health for transfer. (3) A certificate of health for transfer must be in the form approved by the Minister. Certificate required for transfer 43 Effective as of 18 months after the date these regulations come into force, an aquaculture licence holder must ensure that a certificate of health for transfer accompanies each group of live fish that is being moved to or from their aquaculture site. Certificate kept and produced on request 44 (1) An aquaculture licence holder must keep a copy at their aquacultural operation of each certificate of health for transfer for fish that have been moved to or from their aquaculture site. (2) An aquaculture licence holder must produce a copy of any certificate of health for transfer for any specified group of fish in the time and manner specified in a request by the Chief Aquatic Animal Health Veterinarian or a person designated by the Minister.