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Under section 49 of the Aquaculture Act, the Lieutenant-Governor in Council makes the following Regulation:

2013-17

1This Regulation may be cited as the General Regulation - Aquaculture Act.

2In this Regulation

“Act” means the Aquaculture Act;(Loi)

“commercial aquaculture licence” means a class of aquaculture licence that permits a licensee to conduct aquaculture for commercial gain;(permis d’aquaculture commerciale)

“inland aquaculture site” means a class of aquaculture site that is situated in non-tidal waters or on land;(site aquacole marin)

“institutional aquaculture licence” means a class of aquaculture licence that permits a licensee to conduct aquaculture for the purposes of research outside a laboratory or an aquarium, or for use in public fishery enhancement activities, and not for the purposes of commercial gain;(permis d’aquaculture institutionnelle)

“lot” means a group of fish that originate from the same spawning population and have always shared the same water supply;(lot)

“marine aquaculture site” means a class of aquaculture site that is situated in tidal waters;(site aquacole marin)

“moribund” means a finfish that is dying or having difficulty surviving in water;(moribond)

“private aquaculture licence” means a class of aquaculture licence that authorizes a licensee to carry on aquaculture for private use and not for commercial gain.(permis d’aquaculture privée)

3(1)A person who on the commencement of this Regulation has been given approval to operate a site at which aquaculture is carried on, by the Minister, the Minister of Natural Resources and Energy Development, or the federal Minister of Fisheries and Oceans

(a) may continue to operate the aquaculture site in accordance with the terms and conditions of the approval for a period of three years after the commencement of this Regulation or for the period stipulated in the approval, whichever occurs first,

(b) is exempted from the application of the Act and this Regulation for a period of three years after the commencement of this Regulation or for the period stipulated in the approval, whichever occurs first, and

(c) is exempted from the application of paragraph 6(3)(b) and section 7 when applying for an aquaculture licence for the site that the approval has been given.

3(2)A person who on the commencement of this Regulation has been given a permit by the Minister of the Environment and Local Government under the Clean Water Act to operate a facility for the purposes of aquaculture

(a) is exempted from the application of sections 4 and 5 of the Act for a period of three years after the date of the commencement of this Regulation, or until the expiration of the permit, whichever occurs first,

(b) may continue to operate the site at which aquaculture is carried on in accordance with the terms and conditions of the Act and this Regulation for a period of three years after the date of the commencement of this Regulation or until the expiration of the permit, whichever occurs first, and

(c) is exempted from the application of paragraph 6(3)(b) and section 7 when applying for an aquaculture licence for the site that the permit is given.

2012, c.39, s.13; 2016, c.37, s.15; 2019, c.29, s.164

4A person who owns or operates a site at which aquaculture is carried on at the commencement of this Regulation and who is applying for an aquaculture lease or aquaculture occupation permit in relation to the aquaculture site is exempted from the application of paragraphs 24(3)(b), (c) and (d) and subsection 24(5).

5The Minister shall not refuse to issue an aquaculture lease or an aquaculture occupation permit under paragraph 26(a), (b), (c) or (e), section 27 or paragraph 28(b) or (c) if the site at which aquaculture is carried on was in existence on the commencement of this Regulation.

6(1)The classes of aquaculture licences are:

(a) commercial aquaculture licence;

(b) private aquaculture licence; and

(c) institutional aquaculture licence.

6(2)The application fee for an aquaculture licence is $10.00.

6(3)A person who is applying for an aquaculture licence shall provide the Registrar with:

(a) a completed application on a form provided by the Minister;

(b) subject to subsection (4), a site development plan in relation to a proposed aquaculture site; and

(c) such other documents or information as the Registrar requires.

6(4)A person who is applying for a private aquaculture licence is exempted from the application of paragraph (3)(b).

7A site development plan in relation to a proposed aquaculture site shall be drawn to scale and shall show

(a) the location of the proposed aquaculture site,

(b) the boundaries, dimensions and area of the proposed aquaculture site,

(c) the location of existing and future structures on the proposed aquaculture site,

(d) in the case of a marine aquaculture site, the hydrographic features of the proposed aquaculture site and the area extending 350 metres around the boundaries of the proposed aquaculture site, and

(e) in the case of an inland aquaculture site, the topographic and hydrographic features of the proposed aquaculture site and the area extending 350 metres around the boundaries of the proposed aquaculture site.

8A licensee shall pay an annual licence fee before the first day of April in each year in the following amounts:

(a) for a commercial aquaculture licence, $50.00;

(b) for a private aquaculture licence, $10.00; and

(c) for an institutional aquaculture licence, $20.00.

9(1)The application fee for each renewal of an aquaculture licence is $20.00.

9(2)A licensee who is applying for a renewal of the licensee’s aquaculture licence shall provide the Registrar with a completed application on a form provided by the Minister at least ninety days before the expiration of the licensee’s existing licence.

10(1)The application fee for each amendment to an aquaculture licence is $10.00.

10(2)A licensee who is applying to have the licensee’s aquaculture licence amended shall provide the Registrar with:

(a) a completed application on a form provided by the Minister; and

(b) a site development plan in relation to the proposed aquaculture site in accordance with section 7.

11Except where a person carries on aquaculture at a site under section 3, the Registrar may refuse to issue, renew or amend an aquaculture licence where

(a) the applicant has been convicted of an offence under the Act or regulations within three years before or after the date of the application for the aquaculture licence,

(b) it would, in the opinion of the Registrar, cause undue conflict with other fishery activities permitted under federal or provincial laws, or with ecologically and environmentally sensitive areas,

(c) it would result in conflict with other resource users, or

(d) it would, in the opinion of the Registrar, create unacceptable environmental risks.

12(1)The Minister shall provide to a licensee a sign that contains the licensee’s licence number.

12(2)Where the Registrar considers necessary, the licensee shall have the sign referred to in subsection (1) posted at all times at the aquaculture site in an open area that is clearly visible.

12.1It is a term and condition of a commercial aquaculture licence issued in respect of Atlantic Salmon raised at a marine cage site that

(a) the licensee have and maintain insurance, or have and maintain eligibility for compensation from a fund or other scheme, for the financial loss that may be incurred by the licensee as a result of an order by the Minister for the destruction of Atlantic Salmon stock cultivated by the licensee;

(b) the licensee provide evidence satisfactory to the Registrar upon payment of the annual licence fee, and at such other times as the Registrar may require, with respect to the licensee’s compliance with paragraph (a);

(c) the licensee submit to the Registrar, by January 31 of each year, a sea lice management and treatment plan for the calendar year that contains the following information with respect to each of the licensee’s aquaculture sites:

(i) the number of the aquaculture bay management area in which the site is located;

(ii) the number and name of the site;

(iii) the names of all the products expected to be used for sea lice treatment at the site;

(iv) the estimated timing of treatment at the site;

(v) the method of administering the treatment; and

(vi) the names of the persons and regulatory authorities who will be sent a weekly notice provided for in paragraph (f);

(d) the licensee submit to the Registrar a revised plan at least 72 hours before implementing any change to the plan referred to in paragraph (c);

(e) the licensee follow the plan referred to in paragraph (c) or any revised plan referred to in paragraph (d), as appropriate;

(f) each week, the licensee send to the Registrar and to the persons and regulatory authorities referred to in subparagraph (c)(vi) a notice that indicates whether or not a sea lice treatment is planned at any of the licensee’s aquaculture sites during the next seven days and, if a sea lice treatment is planned, includes the following information regarding the treatment:

(i) the number of the aquaculture bay management area in which the site is located;

(ii) the number and name of the site at which the treatment will be administered;

(iii) the name of the product that will be used;

(iv) the method of administering the treatment;

(v) the name of the business that will administer the treatment; and

(vi) the number of days over which the treatment is expected to be administered;

(g) the licensee perform a sea lice count at each of the licensee’s aquaculture sites, on a sample collected from at least six cages and consisting of at least five fish per cage, at the following times:

(i) within seven days before any sea lice treatment is administered;

(ii) following any sea lice treatment, within the period specified by the manufacturer of the product used;

(iii) weekly if the water temperature at the licensee’s aquaculture site is at least 5 °C; and

(iv) monthly if the water temperature at the licensee’s aquaculture site is less than 5 °C; and

(h) within 48 hours after a sea lice count, the licensee submit to the Registrar, either directly or through a third party database, a sea lice count report that contains the following information:

(i) the number and name of the aquaculture site at which the count was performed;

(ii) the number of cages from which fish were sampled;

(iii) the number of fish sampled from each cage;

(iv) the average number of Caligus per fish for each cage from which fish were sampled;

(v) the average number of each of the following stages of Lepeophtheirus salmonis per fish for each cage from which fish were sampled:

(A) chalimus;

(B) pre-adults;

(C) male adults; and

(D) gravid females;

(vi) the weight and length of each fish sampled; and

(vii) the water temperature at the aquaculture site when the count was performed.

99-68; 2013-17

13A licensee shall submit an annual report to the Registrar on a form provided by the Minister before the first day of April in each year.

14(1)A licensee shall maintain accurate records relating to the following with respect to the licensee’s aquaculture site:

(a) the transport, transfer and introduction of live aquacultural produce;

(b) the presence of disease, disease agents, parasites, toxins or contaminants; and

(c) the type and amount of food used in relation to aquacultural produce.

14(2)Upon the request of the Registrar or an inspector, a licensee shall provide

(a) the source, number and specific location of each stock and lot of aquacultural produce on the aquaculture site,

(b) the weekly mortality records for each holding unit that contains finfish,

(c) the yearly mortality records for each aquaculture site that contains mollusks, and

(d) a record of all aquacultural produce sales including the number and destination of each sale.

14(3)A licensee shall, within seven days after receiving written or verbal information relating to any diagnostic work or treatment conducted on aquacultural produce from the licensee’s aquaculture site, submit a written report to the Registrar that is signed by the licensee or the person conducting the treatment or diagnostic work on the aquacultural produce.

14(4)The report referred to in subsection (3) shall contain the following information:

(a) a certified copy of the results and information from any health diagnostic work;

(b) the name, dosage and total amount of any drug or chemical agent administered;

(c) the time period in which the drug or chemical agent was administered;

(d) the temperature of the water at the time when the drug or chemical agent was administered; and

(e) the lot and number of aquacultural produce treated.

2010-158; 2016-68

14.1(1)The escape of 100 or more salmonids from an aquaculture site is a breach of containment.

14.1(2)It is a term and condition of an aquaculture licence that the licensee shall notify the Registrar of a breach of containment immediately after becoming aware of the breach.

14.1(3)The licensee shall submit to the Registrar

(a) a breach of containment report within 24 hours after becoming aware of a breach of containment,

(b) a breach of containment management plan within 48 hours after becoming aware of a breach of containment, and

(c) a breach of containment final report within 14 days after the completion of mitigation measures to address a breach of containment.

14.1(4)A breach of containment report shall contain the following information:

(a) the licensee’s aquaculture licence number;

(b) the date and time that the breach of containment was discovered;

(c) if known, the date and time that the breach of containment occurred;

(d) the cause of the breach of containment;

(e) the number of cages from which salmonids have escaped;

(f) an estimate of the number of salmonids that have escaped; and

(g) the species and strain of the salmonids that have escaped.

14.1(5)A breach of containment management plan shall contain the following information:

(a) the licensee’s aquaculture licence number;

(b) the specific location of the cages from which salmonids have escaped;

(c) the cause of the breach of containment;

(d) a description of the mitigation measures put in place to address the breach of containment; and

(e) the date of the most recent inspection of each of the following items and the name of the person who performed the inspection:

(i) mooring systems;

(ii) cage system components; and

(iii) net structures.

14.1(6)A breach of containment final report shall contain the following information:

(a) the licensee’s aquaculture licence number;

(b) the number of cages from which salmonids have escaped;

(c) an estimate of the number of salmonids that have escaped;

(d) the average size of the salmonids that have escaped; and

(e) the species and strain of the salmonids that have escaped.

2010-158

15(1)Except with the prior written approval of the Minister, no person shall move live finfish from an inland aquaculture site to a marine environment unless a fish health diagnostic service

(a) collects from the group of finfish sixty finfish per species per year class that do not contain antimicrobial residues and determines by conducting carrier testing that the finfish do not have furunculosis, and

(b) collects in equal portions from each lot a total of thirty moribund that do not contain antimicrobial residues or finfish that have been dead for no longer than twelve hours and do not contain antimicrobial residues, and determines by using the fluorescent antibody technique or any other technique approved by the Minister that the moribund or finfish do not have bacterial kidney disease.

15(2)The testing under subsection (1) shall be completed in the spring and fall of each year before the finfish are moved to a marine aquaculture site.

2016-68; 2017, c.2, s.2

16(1)Except with the prior written approval of the Minister, no person shall move live finfish from a marine aquaculture site to another aquaculture site unless a fish health diagnostic service collects a sample of sixty finfish per species per year class that do not have antimicrobial residues, or where the Minister considers it sufficient, a sample of less than sixty finfish per species per year class that do not have antimicrobial residues and determines that the finfish do not have the following diseases:

(a) aeromonas species;

(b) enteric redmouth disease;

(c) vibrio; and

(d) bacterial kidney disease as determined by fluorescent antibody technique or any other technique required by the Minister.

16(2)Except with the prior written approval of the Minister, no person shall move finfish from a marine aquaculture site to another aquaculture site unless the other aquaculture site

(a) is approved for that species in the licence for the aquaculture site, and

(b) contains finfish that have the same disease profile.

16(3)Notwithstanding subsection (2), except with the prior written approval of the Minister, no person shall move Atlantic salmon from an aquaculture site to another aquaculture site unless the other aquaculture site

(a) is within the same watershed, and

(b) contains Atlantic salmon that have the same disease profile.

2016-68; 2017, c.2, s.2

17No licensee who carries on the cultivation of finfish at a marine aquaculture site shall introduce a live finfish from an inland aquaculture site onto the marine aquaculture site unless the finfish have been tested in accordance with section 15.

18Except with the prior written approval of the Minister, no person shall move finfish from an inland aquaculture site to another inland aquaculture site unless a fish health diagnostic service

(a) collects between the months of May and September, inclusive, a sample of thirty finfish that do not have antimicrobial residues or, where the Minister considers it sufficient, a sample of less than thirty finfish, from the group of finfish, and

(b) performs a post mortem and determines that the finfish do not have the following diseases:

(i) aeromonas species;

(ii) enteric redmouth;

(iii) bacterial kidney disease as determined by visual inspection for lesions, fluorescent antibody technique or any other method approved by the Minister;

(iv) external parasites; and

(v) any other uncommon disease.

2016-68; 2017, c.2, s.2

19Except with the prior written approval of the Minister, no licensee who has a private aquaculture licence shall move finfish from one aquaculture site to another aquaculture site.

20(1)A licensee who carries on the cultivation of finfish at a marine aquaculture site shall have a sample of five moribund fish per year class that do not have antimicrobial residues collected once a month six times in each year by a fish health diagnostic service.

20(2)The fish health diagnostic service shall test a finfish collected under subsection (1) for

(a) aeromonas species,

(b) enteric redmouth disease,

(c) vibrio, and

(d) bacterial kidney disease using fluorescent antibody technique or any other technique required by the Minister.

2016-68; 2017, c.2, s.2

21A licensee who carries on the cultivation of finfish that are broodstock at a marine aquaculture site shall

(a) within thirty days before or after the date of fertilization of the broodstock eggs, have all male and female broodstock reproductive fluids collected and analyzed by a fish health diagnostic service, and

(b) have the reproductive fluids tested by the fluorescent antibody technique or any other technique approved by the Minister for bacterial kidney disease.

2016-68; 2017, c.2, s.2

21.1Immediately after the testing of a sample under this Regulation, a fish health diagnostic service shall give notice of the test results to the Minister.

2016-68

21.2For the purposes of section 38 of the Act, a person may disclose any information, sample or material obtained under the Act or this Regulation to a fish health diagnostic service.

2016-68; 2017, c.2, s.2

22A licensee shall harvest aquacultural produce cultivated under the licensee’s aquaculture licence in a manner approved by the Registrar.

23(1)Aquacultural produce on an inland aquaculture site that is harvested by angling shall be identified by a certificate that is provided by the Minister.

23(2)A certificate under subsection (1) shall be signed by the licensee or an agent on behalf of the licensee and shall contain the following information:

(a) the date the aquaculture licence was issued;

(b) the aquaculture licence number;

(c) the number of each species of aquaculture produce harvested; and

(d) the date the aquacultural produce was harvested.

24(1)A person who is applying for an aquaculture lease or an aquaculture occupation permit shall submit an application for an aquaculture licence to the proposed aquaculture site at the time of the application for the lease or permit.

24(2)The application fee for an aquaculture lease or an aquaculture occupation permit is $10.00.

24(3)A person who is applying for an aquaculture lease or an aquaculture occupation permit or is applying to have the boundaries of land altered under an aquaculture lease or an aquaculture occupation permit shall submit to the Minister

(a) a completed application on a form provided by the Minister,

(b) a site development plan in relation to a proposed aquaculture site in accordance with section 7,

(c) the names and mailing addresses of the owners of adjacent properties within 100 metres of the proposed aquaculture site,

(d) the property identification number of the properties referred to in paragraph (c), and

(e) such other documents or information as the Minister may require.

24(4)The Minister shall not alter the boundaries of land under an aquaculture lease or an aquaculture occupation permit or issue an aquaculture lease or an aquaculture occupation permit unless the Minister approves and signs the site development plan in relation to the proposed aquaculture site.

24(5)Upon approving and signing a site development plan, the Minister shall

(a) file the site development plan at the regional office of the Department of Agriculture, Aquaculture and Fisheries where the proposed aquaculture site is located,

(b) send by ordinary mail a letter to all persons identified in paragraph (3)(c), informing them of their right to submit written comments to the Minister with respect to the location of the proposed aquaculture site within the time period specified in the letter, and

(c) send by ordinary mail to the person who is applying to have the boundaries of land altered under an aquaculture lease or aquaculture occupation permit or is applying for an aquaculture lease or an aquaculture occupation permit, a notice for the purpose of giving public notice under subsection (6) that is

(i) on a form provided by the Minister,

(ii) written in both official languages, and

(iii) signed by the Minister.

24(6)A person who is applying to have the boundaries of land altered under an aquaculture lease or an aquaculture occupation permit or is applying for an aquaculture lease or an aquaculture occupation permit shall publish the notice referred to in paragraph (5)(c) at least twice at one week intervals in each of two newspapers which are circulated in the area where the proposed aquaculture site is located.

24(7)A person may submit written comments to the Minister with respect to an application to have the boundaries of land altered under an aquaculture lease or an aquaculture occupation permit or an application for an aquaculture lease or an aquaculture occupation permit within the time period specified in the notice under subsection (6).

2000, c.26, s.23; 2007, c.10, s.16; 2010, c.31, s.19

25(1)The Minister may refuse to issue an aquaculture lease or an aquaculture occupation permit where

(a) an applicant has been convicted of an offence under the Act or regulations within three years before or after the date of the application,

(b) it would, in the Minister’s opinion, result in undue conflict with other fishery activities permitted under federal or provincial laws, or with ecologically and environmentally sensitive areas,

(c) it would, in the Minister’s opinion, result in conflict with other resource users, or

(d) it would, in the Minister’s opinion, create unacceptable environmental risks.

25(2)The Minister may refuse to alter the boundaries of land under an aquaculture lease or an aquaculture occupation permit where it would, in the Minister’s opinion,

(a) result in undue conflict with other fishery activities permitted under federal or provincial laws or with ecologically and environmentally sensitive areas,

(b) result in conflict with other resource users, or

(c) create unacceptable environmental risks.

26With respect to a marine aquaculture site for the cultivation of finfish, the Minister may refuse to alter the boundaries of land under an aquaculture lease or an aquaculture occupation permit or issue an aquaculture lease or an aquaculture occupation permit where

(a) the site is within 300 metres of another aquaculture site,

(b) the site is less than 300 metres over water from a wharf, herring weir, breakwater, lobster pound or other marine structure unless written permission is obtained from the appropriate person or agency and submitted to the Minister,

(c) there is a minimum water depth of less than 8 metres beneath the surface of the water at mean low water where any cage is located on the site,

(d) the aquaculture equipment on the site is placed so as to deny a riparian owner of an adjacent property access to the mean low water mark, or

(e) any submerged anchors, mooring lines or other aquaculture equipment on the site does not maintain a minimum water depth of 2 metres at mean low tide.

27With respect to an aquaculture site for the cultivation of crustaceans, the Minister may refuse to alter the boundaries of land under an aquaculture lease or an aquaculture occupation permit or issue an aquaculture lease or an aquaculture occupation permit where

(a) the site is within 300 metres of another aquaculture site,

(b) the site is less than 300 metres over water from a wharf, breakwater or other marine structure, unless written permission is obtained from the appropriate person or agency and submitted to the Minister,

(c) the site is less than 300 metres over water from a herring weir, or

(d) the applicant is not the riparian owner of the adjacent property and does not have a certified copy of a registered document conveying the riparian rights to the adjacent property.

28With respect to an aquaculture site for the cultivation of mollusks, the Minister may refuse to alter the boundaries of land under an aquaculture lease or an aquaculture occupation permit or issue an aquaculture lease or an aquaculture occupation permit where

(a) the aquaculture equipment on the site is placed so as to deny a riparian owner of an adjacent property access to the mean low water mark,

(b) the site is located in a growing area that, in the Minister’s opinion, is subject to chemical or bacteriological contamination, or

(c) the site is less than 300 metres over water from a wharf, breakwater, lobster pound or other marine structure, unless written permission is obtained from the appropriate person or agency and submitted to the Minister.

29(1)The rent payable each year for an aquaculture lease is

(a) for a marine aquaculture site where the lessee holds a commercial aquaculture licence for the cultivation of finfish, $250.00 per hectare,

(b) for a marine aquaculture site where the lessee holds a commercial aquaculture licence for the cultivation of mollusks, the greater of

(i) $20.00 per hectare, and

(ii) $100.00,

(c) for a marine aquaculture site where the lessee holds a commercial aquaculture licence for the cultivation of crustaceans, $250.00 per hectare,

(d) for an inland aquaculture site where the lessee holds a commercial aquaculture licence, $250.00 per hectare,

(e) for an aquaculture site where the lessee holds a private aquaculture licence, $100.00, and

(f) for an aquaculture site where the lessee holds an institutional aquaculture licence, $100.00.

29(2)A lessee shall pay rent to the Minister before the first day of April in each year.

30(1)The rent payable each year for an aquaculture occupation permit is $100.00.

30(2)A permittee shall pay rent each year to the Minister before the first day of April.

31An aquaculture lease and an aquaculture occupation permit are subject to the following terms and conditions:

(a) the lessee or permittee shall hold a valid aquaculture licence or have an application approved for a valid aquaculture licence for the aquaculture site;

(b) the lessee or permittee shall ensure that all structures and improvements are placed completely within the boundaries of the aquaculture site;

(c) the lessee or permittee shall immediately notify the Minister of any change in the applicant’s business address, business name, phone number or home address or the name of the contact person;

(d) the lessee or permittee shall, within ninety days after the cessation of aquaculture activities at the aquaculture site, restore the site to the satisfaction of the Minister; and

(e) if the lessee or permittee does not restore an aquaculture site to the satisfaction of the Minister in accordance with paragraph (d), the Minister shall restore the site and the applicant shall be liable for all expenses associated with the restoration.

32(1)A person may appeal a decision of the Registrar to the Minister within thirty days after the date on which the decision is mailed to the person.

32(2)An appeal to the Minister is made by

(a) serving a written submission, containing the grounds for the appeal, on the Minister by registered mail or by personal service, and

(b) submitting a fee of $200.00 to the Minister which shall be refunded to the appellant if the appeal is granted.

32(3)The decision of the Minister with respect to an appeal is based on the written submission of the appellant.

33The decision of the Minister shall be made and a copy of the decision mailed to all parties to the appeal within ninety days after receipt of the appellant’s written submission for appeal.

34A member of an advisory committee shall be paid

(a) where the member is not an employee of the Province of New Brunswick, an allowance of $150.00 per day, and

(b) all reasonable and necessary travelling expenses in accordance with the Travel Policy, Removal Expenses Policy, Senior Executive Travel Policy, Province of New Brunswick.

35New Brunswick Regulation 83-181 under the Fish and Wildlife Act is repealed.

N.B. This Regulation is consolidated to July 1, 2022.

91-158 - General

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