Report from court: illegal aquaculture pesticide case

There has been a shadow hanging over Canada’s largest salmon farming company since lobsters were found dead near Bay of Fundy salmon farms in 2009. A subsequent investigation by Environment Canada found that these lobsters had been killed by cypermethrin, a pesticide not approved for use on salmon farms in Canada.

In November of 2011 Environment Canada charged Kelly Cove Salmon(KCS, a subsidiary of Cooke Aquaculture), CEO Glenn Cooke, vice-president Mike Szemerda, and regional production manager Randall Griffin with 11 counts each under the Fisheries Act for the illegal deposit of a deleterious substance (in this case the cypermethrin). A few months later 8 charges were added to each bringing the total to 19 each.

On April 26, 2013 Kelly Cove Salmon struck a plea deal. All 19 counts facing each KCS, Cooke, Griffin, and Szemerda were withdrawn and 2 counts against KCS were added.

KCS pleaded guilty to the 2 new counts. These counts related to the use of cypermethrin at 15 aquaculture sites owned by KCS in the Bay of Fundy. The “Agreed Statement of Facts” details the sites in question, where and when lobsters were found dead, key details of the investigation, and even the quantities of a cypermentrin based pesticide purchased by KCS in 2009 (72 8-pint cases).

The Crown Prosecutor proposed a penalty that was agreed to by the judge. By Oct 8, 2013 Kelly Cove Samon must pay a total of $500,000. $50,000 is for each of the two infractions, $250,000 goes to UNB for a scholarship, $100,000 will go toUNB for research “relating to the fishery and aquaculture industry in the Bay of Fundy region.” An additional $50,000 will go to the Environmental Damages Fund “for the restoration and enhancement of fish habitat in the Bay of Fundy region.”

The scene in the court room was quite dramatic. Given the suddenness of the plea deal no media were present. Two KCS executives were present (neither of them being the previously accused parties). In his comments Judge Julian Dickson acknowledged the seriousness of the charges. Judge Dickson said the infractions were not cause by “accident or negligence,” that KCS “failed miserably” at meeting the standards expected of them, and that they “willfully ignored” the rules. Judge Dickson also noted that the used of cypermethrin in these instances posed an “extremely high” risk, a risk that was realized in the lobster kills.

Environment Canada has noted that the penalty in this case is the largest ever levied under the Fisheries Act in New Brunswick, and among the largest ever levied in Canada. While no individuals were fined, the seriousness of these infractions should not be downplayed. Cypermethrin, and pesticides like it, are used to kill sea lice and they are thus also extremely toxic to other crustaceans including lobster, shrimps, krill, copepods, and other zooplankton which form the base of the food chain in the Bay of Fundy.

While this case is closed, concern remains about the possible ongoing use of pesticides to combat sea lice in the outer Bay of Fundy. While I would like to hope that this spells the end of illegal pesticide use, I frankly do not understand the motivations of those who chose to use cypermethrin in 2009/2010 so cannot speculate as to what they will do in the future. Even approved use should give us pause, however, and I think traditional fisheries advocates, groups like Baykeeper, and concerned citizens will need to remain vigilant to ensure that pesticide use is not allowed to continue in our sensitive coastal waters.

Matthew Abbott

Fundy Baykeeper

Conservation Council of New Brunswick

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