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1999 Report of the Commissioner of the Environment and Sustainable Development

1999 Report—Chapter 4

Exhibit 4.11—Interaction Between the Fisheries Act and the Pest Control Products Act in Aquaculture

Pesticides used in fish pens located in waters frequented by fish have highlighted the problem caused by the conflict between the Fisheries Act and the PCPA . When products that are approved under the PCPA for use in aquaculture are used in waters frequented by fish, their use may contravene the Fisheries Act . As the importance of aquaculture has grown, so has the demand for pesticides. Sea lice scar the fish and significantly reduce their market value. The pesticides used to kill the sea lice and protect the fish also kill other invertebrates, including lobster and mussels, which are covered by the Fisheries Act .

In 1994, a serious outbreak of sea lice threatened the aquaculture industry in New Brunswick. The following year, the aquaculture industry in New Brunswick lobbied the Pest Management Regulatory Agency (PMRA) for temporary approval of pesticides to treat sea-lice infestations. A number of pesticides were approved for this use. The PMRA received an application for the use of cypermethrin. Based on widespread concern about the effects of cypermethrin on non-target marine organisms, including shrimp and lobster, the PMRA held a federal-provincial workshop to discuss the environmental impacts of the pesticide before making its regulatory decision. The PMRA has not yet made a decision on the use of cypermethrin in aquaculture.

Meanwhile, the larger issue of the conflict between the Fisheries Act and the PCPA continues. After five years of discussions, the issue has not been resolved. More recently, the PMRA, Environment Canada and Fisheries and Oceans had yet another round of discussions and options analysis. A working group was struck in 1998 and tasked to report to senior management. However, the responsibility for decision making is unspecified. Although the fall of 1998 had been set as a deadline for resolving the issue, at the conclusion of our audit it remained unresolved.

This case study raises questions about pollution prevention and the sustainable use of pesticides which federal departments need to address. These questions include the role of management practices, such as preventing the overcrowding of fish and the close proximity of adjacent fish pens, and the use of integrated pest management to prevent sea lice infestations instead of relying on increasingly toxic pesticides to treat the problem once it has started.