Wild salmon along British Columbia’s coast are in steep decline. Open-net pen salmon farms create a risk of serious harm to wild salmon populations, by exposing them to viruses and sea lice as they migrate. The Discovery Islands are a key migratory route for these populations, and removing fish farms from the area is a critical step towards wild salmon recovery.
That is why Ecojustice lawyers — representing David Suzuki Foundation, Georgia Strait Alliance, Living Oceans Society, Watershed Watch Salmon Society, and independent biologist Alexandra Morton — appeared before the Federal Court in December 2023 to support a decision by the Minister of Fisheries and Oceans to refuse to re-issue licenses for open net-pen fish farms in B.C.’s Discovery Islands.
Ecojustice lawyers argued that this decision was supported by a precautionary approach to the management and protection of wild salmon. In June 2024 the Federal Court upheld the Minister’s decision, affirming the Minister’s ability to make precautionary decisions to protect wild salmon populations.
The Federal Court’s decision is a major victory for wild salmon and a critical step towards ensuring wild salmon stocks continue to have an opportunity to recover and thrive for generations to come.
This decision is the latest development in a legal battle that began in December 2020, when the former Minister announced a phase-out of open net-pen salmon farms over 18 months between December 2020 to June 30, 2022, after consulting with the seven First Nations with territory in the Discovery Islands. To implement the ‘Phase-Out Decision’, Minister Joyce Murray temporarily renewed aquaculture licences on a transitional basis but restricted new fish from being transferred into the farms in the meantime.
In January 2021, four fish farm companies operating in the area filed a lawsuit challenging the Minister’s decision. In October 201, Ecojustice lawyers argued in Federal Court to support the decision. In April 2022, a federal judge set aside the December 2020 decision by Minister Jordan to phase out open-net fish farming in B.C.’s Discovery Islands.
