Sea Cage Site Aquaculture Licensing Process

Fisheries, Forestry and Agriculture

Sea Cage Site Aquaculture Licensing

Process

December 14 2020

Department of Fisheries, Forestry and Agriculture

Aquaculture Development Division

Information identified in this document is subject to change

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Table of Contents

1. Introduction……………………………………………………………………………….…... 3

2. Preparing the Application Preparation………………………………………………….….. 3

3. Application Forms……………………………………………………………………….…… 4

4. Application Fees……………………………………………………………………….…….. 4

5. Technical Requirements…………………………………………………………….………. 5

6. Business Plan Requirements…………………………………………………….…………. 5

7. Financial Capability………………………………………………………………………….. 7

8. Stakeholder Consultations………………………………………………………………….. 8

9. Environmental Information Requirements…………………………………………………. 8

Applicant Guidance Document – Environmental Information Reviews……….... 9

Aquaculture Activity Regulations (2018) Guidance Document………………….. 9

Baseline Survey Data Requirements………………………………………………. 10

10. Internal Review: Initial Assessment………………………………………………………… 12

11. External Review: Provincial and Federal Agencies/Departments……………………….. 13

Provincial Agencies/Departments…………………………………………………… 14 Fisheries, Forestry and Agriculture: Licensing, Inspections and Quality

Assurance……………………………………………………………………………… 14

FFA: Lands Branch…………………………………………………………………… 14

Environment, Climate Change and Municipalities: Water Resources Division…………………………………………………………………………………. 14

ECCM: Environmental Assessment Division………………………………………. 14

ECCM: Local Governance…………………………………………………………… 15

Department of Tourism, Culture, Arts and Recreation: Heritage Division (Provincial Archaeology Office)…………………….……………………………….. 15

Federal Agencies/Departments……………………………………………………… 15 Fisheries and Oceans Canada…………………………………………….………… 15

Transport Canada………………………………………………………….…............ 16

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12. Public Consultation………………………………………………………………………….... 16

13. Completion of Internal and External Review and Approval Process…………………….. 17

14. Appeal Process………………………………………………………………………………... 17 15. Once Licensed: What to Expect…………………………………………………………….. 18

Accela………………………………………………………………………………….. 18 Introductions and Transferring of Licensed Species…………………………….... 19 Canadian Food Inspection Agency…………………………………………………. 19 Certificate of Health for Transfer for Live Culture Fish……………………………. 20 Importation of Alternative Strains……………………………………………………. 20 Annual Validations…………………………………………………………………….. 21 Quarterly Reports…………………………………………………………………….. . 21 DFO: Ongoing Environmental Monitoring – AAR Requirements……………….... 22

ACORNYM LISTING………………………………………………………………………………. 23 Appendix 1: Finfish Cage Culture Aquaculture Licence Application Appendix 2: Applicant Guidance Document – Environmental Information Reviews

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1. Introduction An aquaculture licence is required to conduct aquaculture in Newfoundland and Labrador (NL). Aquaculture licences are issued by the Department of Fisheries, Forestry and Agriculture (FFA) under the authority of the Aquaculture Act. FFA oversees the licensing process, which involves the submission of a complete Finfish Cage Culture Aquaculture Licence Application (Appendix 1) package that goes through an extensive review. In an effort to streamline this process, a one-stop shop process is managed by FFA, with multiple federal and provincial agencies having jurisdiction over the proposed development involved. These agencies provide FFA with advice and/or approval concerning the development to be considered for licensing.

The FFA Aquaculture Policy and Procedures Manual outlines the application and licensing criteria applicants are required to follow, as well as the review process that ensues upon submission of an application. Those interested in pursuing development should review the manual and become familiar with the requirements and expectations. It is recommended that the department’s Manager of Aquaculture Licensing and Administration be contacted to provide assistance with the next steps once the applicant is ready to begin the application process.

2. Preparing the Application Package

Applicants interested in submitting a Finfish Cage Culture Aquaculture Licence Application should contact the Manager of Aquaculture Licensing and Administration who will assign an Aquaculture Development Officer (ADO) to their file. The ADO will discuss the proposed site development with the applicant and provide guidance in the preparation of the application package. This extension service is provided by FFA to support and improve the efficiency of the application process for applicants.

This following sections of the guide provide detail on each of the application components, as well as the types of information required to be provided. Applications that are missing components or requested information will be considered incomplete and will not be accepted.

3. Application Forms

Application forms should be completed in accordance with established standards. The following applications will be required for a finfish cage culture development. o Finfish Cage Culture Aquaculture Licence Application

o This application consists of specific questions in relation to species; site suitability; environmental and waste management best practices; development

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and production; water and site quality; fish health and consultation. The application is to be completed in full.

o To ensure the application contains the required environmental information, applicants should complete it in accordance with the Applicant Guidance Document – Environmental Information Reviews (Appendix 2). Details are provided in relation to the environmental information requirements further in this guide.

o Application for Crown Lands o Private or Crown land tenure is required for an aquaculture licence to be

approved. Applicants seeking to occupy Crown land are required to complete a Crown lands application and include it with the aquaculture licence application package.

4. Application Fees

Associated application fees must be submitted with the proposal to register an application. In addition to the required fees, an applicant must be in good financial standing with the Government of Newfoundland and Labrador, and be a registered company within the province. Applicants may pay application fees by cheque or online at: https://onlinepayments.gov.nl.ca/OnlinePayments/index.jsp;jsessionid=49C234C91479EC6EC3DA85E494F3CFA3. If opting to pay online, there is a $50,000 limit for salmonid related fees. If payment is made by cheque, it should be mailed or delivered to the attention of the Aquaculture Licensing Administrator (Registrar) at: PO Box 679, 58 Hardy Ave., Grand Falls-Windsor, NL A2A 2K2.

The following is a list of required fees: o FFA Aquaculture Licence Application: $145/hectare o Department of Environment, Climate Change and Municipalities (ECCM) Marine

Aquaculture Water Use Permit/Licence (MAWUL): $400 (+HST) o FFA Application for Crown Lands: $150 (+HST)

o A title document preparation fee of $300 is also required. This fee is not required with an application submission. The title document preparation fee must be paid upon notification from the Lands Branch. This notification will come later in the application review process.

5. Technical Requirements

All applications must demonstrate management/personnel experience with respect to technical ability; business operations; and project management. New applicants must

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provide management and key personnel resumes as proof of experience. Existing operators with resumes on file are not required to resubmit proof of expertise. Proof of experience can be shown through successful completion of a directly-relevant technical and/or managerial training program from an approved public or private educational institution, or through substantial direct industry experience.

The following criteria must be met in order to satisfy the technical requirements: o Demonstration of ISO or certified third-party engineering standards for sea cage

system cage components and installation for new Atlantic salmon operations. o As of January 1, 2024, all salmonid sea cage culture operations will be required to

demonstrate that marine site cage system components and installation meet ISO or certified third-party engineering standards.

6. Business Plan Requirements The business plan is a key component of the application package and must include, at a minimum, the following: o an overview of the entity, including a description of current lines of business; o associated entities (i.e. subsidiaries or parent companies); o a list of owners identifying names, addresses and percentage of ownership, including

any subsidiaries or parent companies (where the applicant is a company or partnership);

o a site map that shows the exact location and details of site layout, including any existing or proposed structures;

o an overview of the proposed operation, including details on planned capital expenditures;

o an Environmental Management Plan and Waste Management Plan; o an Incident Management System Plan identifying the steps to be taken to address

an incident event and communication plans for reporting: for more information, please refer to Aquaculture Licensing - Fisheries, Forestry and Agriculture (gov.nl.ca) ;

o a Production Plan specific to the proposed species, that must include applicable business and biological assumptions such as, month and year of stocking, number of fish to be stocked, grow-out period, average weight at introduction and harvest, anticipated mortalities, feed conversion ratios, final production quantity and fallow schedule. Production plans must be in accordance with the department’s established Bay Management Area principles, or other Area Management principles, as applicable;

o a plan related to below surface (dive) inspections to be conducted and recorded every 30 days for finfish operations;

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o a statement outlining how veterinary oversight will be accomplished and the Designated Veterinarian (i.e. private veterinarian, company veterinarian, etc.);

o a Fish Health Management Plan, which should include a Biosecurity Plan, Integrated Pest Management Plan, Contingency Plan and Fish Disposal Plan;

o submitted plans must outline mitigation measures to prevent mortality events. Mitigation measures must be approved by FFA and include, but are not limited to, installation of nets that are a minimum of 20 metres (m), aeration devices and optimal farmed fish stocking density.

o considerations of Endangered Species in the area; and o additional information, as required, specific to the proposed operation.

Existing operators with an approved business plan on file with the department may not be required to submit a full business plan for a new application. The information and level of detail required from existing operators will be determined by the department.

7. Financial Capability

All applicants must demonstrate the ability to access adequate levels of capital to develop, operate and maintain the proposed site, including the ability of finfish operators to establish a security bond. Financial capability may be included as a component of the business plan or a separate submission. The following criteria must be met in order to satisfy application requirements: o provision of an itemized projected statement of monthly cash flows for a minimum of

three years, or until positive cash flows are achieved; o schedule of planned capital expenditures for a minimum of three years, or until

positive cash flows are achieved; o identification of funding sources, including all provincial and federal public

departments and agencies. The list should include both approved and proposed funding sources; and

o additional information may be required, including, but not limited to, audited financial statements, projected financial statements or statements of personal net worth.

Existing operators and publically traded entities may not be required to submit a full set of financial requirements. In these situations, the information and level of detail required will be determined by the department.

Applications may be approved in principle, subject to funding, where loans and/or grants will be part of the financing for the operation. The applicant shall have a maximum of one hundred and twenty (120) days to finalize funding for the development.

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A licence will not be issued until documentation has been submitted to the Registrar confirming that funding has been secured.

8. Stakeholder Consultations

The marine resource is a shared resource and therefore in an effort to minimize resource user conflicts, applicants must conduct consultations with stakeholders prior to application submission. This entails consultation with, but not limited to, local fisher committees and the Fish, Food and Allied Workers union (FFAW), municipalities, development groups and local interest groups. Section G: Consultation of the FFA Finfish Cage Culture Aquaculture Licence Application states:

“The proponent is required to make initial contact with other users of the water resource to identify and resolve any potential conflicts where possible. Such users include local fishers committees, tourism groups, economic development boards etc.”

Applicants must provide dates and times of consultations including details on concerns raised and whether or not they were resolved. Where conflict exists, the applicant may be requested to work with those that oppose to resolve the issues.

9. Environmental Information Requirements

When completing the Finfish Cage Culture Aquaculture Licence Application, applicants are required to provide environmental related information. There are two key environmental guidance documents that are offered to a proponent that will provide assistance in preparing this information: the Applicant Guidance Document – Environmental Information Reviews and the federal Aquaculture Activity Regulations (AAR) (2018) guidance document. In addition to the AAR guidance document, proponents are encouraged to review the AAR Monitoring Standard which outlines monitoring and sampling parameters.

Applicant Guidance Document – Environmental Information Reviews To ensure the industry is developed in a sustainable manner, FFA conducts a preliminary environmental review of new site developments as part of the assessment process. Providing clear and complete information early in the application process streamlines the review and reduces the need for multiple agencies to request additional information. This guide facilitates this process. FFA, Fisheries and Oceans Canada (DFO), Transport Canada (TC) and ECCM have collaborated in the development of this guidance document to ensure its alignment with applicable referral agencies regulatory requirements and policy frameworks.

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Representatives from these agencies meet and review the guidance document on an annual basis to ensure it reflects any policy or legislative changes.

The guidance document is designed to correspond with the environment related sections of the aquaculture licence application: Sections C: Site Information, Section D: Environmental Concerns and Section F(c): Bottom Samples. For further information regarding these sections, refer to Appendix 2.

Aquaculture Activity Regulations (AAR) (2018) Guidance Document Administered by DFO under the authority of the Fisheries Act, the AAR clarifies rules on the deposit of pesticides and drugs in water for the purposes of aquaculture. This guide provides a clear interpretation of what the AAR means, how the regulations will be implemented and what an operator is required to do to comply.

Finfish cage culture operators must control diseases and pests in animals, manage deposits or organic matter, and install, operate, maintain, or remove their facilities under prescribed conditions. The AAR build on existing federal and provincial regimes to clarify conditions on the deposit of pesticides to avoid, minimize and mitigate any potential serious harm to fish and to fish habitat.

As part of the application process, applicants must collect environmental data to identify benthic conditions at the proposed site and submit a baseline survey report. The sampling and the report is to be in accordance with DFO’s AAR Monitoring Standard. To guide an applicant through the process, applicants are encouraged to review the AAR guidance document. They may also contact DFOs Regional Aquaculture Management Office to learn more about the AAR requirements.

Baseline Survey Data Requirements Prior to approving an undertaking, AAR requires finfish cage culture applicants to provide baseline data. Surveys for baseline information are to include: o current measure and profiling, and predictive modelling of organic deposits (ex.

DEPOMOD). The basis of models is to input current magnitude and direction, production scale and feeding scale, and bathymetry to make a prediction on the carbon footprint for an aquaculture lease.

o bathymetry o substrate characterization o recording of pre-existing deposits and indicator species o the assessment process is approximately 300 days.

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In addition to the AAR requirements, DFO also requires benthic sampling on a 100m grid over the entire site area in order to characterize the benthic area of the site. The characterization will allow DFO to make determination on sensitive or critical habitat (i.e. SAR related habitat, fishing habitat). 1) Bathymetry Survey The bathymetric survey must be conducted with a minimum resolution of 10m contours to generate depth profiles, related to chart datum, within the modeled 1g C/m2/day depositional contour as calculated using an unspecified aquaculture waste deposition model and map of 1, 5 and 10g/m2/day depositional contours. The area covered must include the entire area applied for and include reference stations where applicable. A bathymetric chart from the Canadian Hydrographic Service that includes depth profile contours in 10 m increments may be used instead of conducting a bathymetric survey. Equipment used to generate the bathymetric survey must be calibrated to industry standards. Horizontal position fixing measurements must be carried out using a differential Global Positioning System.

2) Substrate Characterization The following information within the 1g C/m2/day depositional contour must be collected:

• geographical position; • depth; • date and time of sampling; • sediment texture and colour; • photo of sediment sample; • presence of gas bubbles; • estimation of surface coverage of bacterial mats; • estimation of surface coverage marine worms; • presence of fish feces and feed; • sediment grain size; • presence of flocculent (wool-like) organic material; • video must be completed along two transects, perpendicular to each other,

starting from each corner of the containment array and extending away from the array for 100 m;

• additional video transects must be recorded from the middle of each side of an array that will consists of more than nine cages in a row;

• free sulphide concentration;

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o a minimum of two sample stations must be established, one at each edge of either side of the containment array in the direction of the dominant current.

• Redox and pH on all samples with free sulphide concentrations; and • total volatile solids (TVS).

3) Reporting The report of baseline survey findings must include:

• observations recorded from underwater surveys including unedited images; • a map with the locations of transects and habitat information generated during

these transects at a minimum resolution of 1:5,000 or finer; • Bathymetry of the seabed at a resolution of 10m contours, and estimated

footprint of BOD in 1, 5, and 10g C/m2/day contours; • sediment sampling results or records of failed sediment sampling attempts; • unedited visual recordings must be submitted with the following information:

o positional data including all start and stop points and way points in between using corrected GPS;

o Ocean depth of the location recorded; and for continuous video depths at a minimum of 10m intervals;

o date and time of sampling; o estimation of surface coverage of bacterial mats; o Estimation of surface coverage of marine worms.

10. Internal Review: Initial Assessment

When the application package is complete, it is to be submitted to the FFA Aquaculture Registrar for registration. The Registrar will refer the application to the ADO who will coordinate an internal review which is referred to as an Initial Assessment (IA). The IA is conducted by the Aquaculture Development Division (ADD) and the Aquatic Animal Health Division (AAHD) of FFA. The ADO will liaise with the ADD and AAHD throughout the course of the IA and will be in contact with the applicant if clarification or additional information is required. The following information will be reviewed: o Assess site specific data held in house and in the application to ensure it is in

alignment (i.e. temperature, salinity, dissolved oxygen, water depth) for the region and capable of supporting salmonids in a farming setting.

o Ensure the application is in compliance with existing departmental legislation, policy and management plans.

o Ensure type, size and amount of gear is appropriate for the proposed farming activity and that all gear fits within site footprint, with adequate mooring scope.

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o Ensure Production Plans are achievable given industry standard production parameters in Newfoundland and Labrador.

o Ensure the Production Plan is in accordance with all existing management plans including the Code of Containment, the Newfoundland and Labrador Aquaculture Health Management Plan, the Bay Management Areas Agreement and the Roti Bay Management Plan.

o Ensure stocking densities are appropriate to ensure fish welfare and growing conditions.

o Ensure the Business Plan is based on technically sound aquaculture practices and that all capital costs and biological assumptions are within industry norms.

o Ensure the Environmental Management Plan and Waste Management Plans provided by applicants are in accordance with the Applicant Guidance Document – Environmental Information Reviews (Appendix 2).

o Ensure the Fish Health Management Plan, Incident Management Plan System, Integrated Pest Management Plan, Contingency Plan are in place and in accordance with standards.

o Ensure information in aquaculture application aligns with the Crown Lands lease application.

11. External Review: Provincial and Federal Agencies/Departments Upon completion of the IA, the Registrar will refer the application to internal and external regulatory agencies for review against other relevant legislation and policies. If the applicant is not in good financial standing with provincial government, this external referral may be delayed. It is imperative that applicants ensure any financial arrears are addressed to avoid any unnecessary delays with application processing.

Specific internal/external referral agencies and roles are listed below.

Provincial Agencies/Departments FFA: Licensing, Inspections and Quality Assurance Division This division will review the application in relation to potential user conflicts with fishing industry stakeholders.

FFA: Lands Branch An Application for Crown Lands lease is a component of the application package. The Lands Branch processes the lease application as per their own application process and will issue a Licence to Occupy (LTO), if approved. In order to receive the LTO, a title document preparation fee of $300.00 is required as well as the rental fee. This will be

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communicated to the applicant by the Lands Branch once the application has been approved by all external referral agencies. The Lands Branch will also communicate the timelines involved in the completion of a survey which will be required to obtain a lease. Once the survey is complete, it should be sent to the Lands Branch. Another title document preparation fee of $300 will be required at that time in order for the Lands Branch to issue the lease.

ECCM: Water Resources Management Division The Water Resources Management Division administers the provisions set out in the Water Resources Act and regulations pertaining to the use, conservation and efficiency, economics, allocation and granting of rights of all water resources. This division will review the proposed development against the requirements of the Water Resources Act. If approved, a MAWUL will be issued. The Water Resources Management Division will refer to the Environmental Assessment Division of ECCM to complete a review of the proposed development.

ECCM: Environmental Assessment Division This division will assess the proposed development against the requirements set out in the Environmental Protection Act. This act provides ECCM with the authority to require an Environmental Assessment (EA) for projects that may have a significant effect on the natural, social or economic environment. For example, those developments seeking approval to stock a non-indigenous stock strain such as triploid Norwegian or Icelandic strains, may be required to register the project for an EA. For more information on the EA process, please visit this link: https://www.gov.nl.ca/mae/env-assessment/

ECCM: Local Governance and Planning This division of ECCM will review the proposed development to identify any potential conflicts with municipal engineering infrastructure. Sea cage sites are not often located within municipal boundaries and therefore are not normally subjected to this review.

Department of Tourism, Culture, Arts and Recreation: Arts and Heritage Division (Provincial Archaeology Office) This division will review the development in relation to the requirements of the Historic Resources Act to ensure archaeological discoveries are addressed appropriately.

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Federal Agencies/Departments DFO DFO will review proposed developments against the requirements of the Fisheries Act and regulations, including the AAR. The Office of the Regional Aquaculture Coordinator will distribute internally within DFO and consolidate feedback from the following:

o Resource Management; o Conservation and Protection; o Fisheries Protection Program; and o Science Branch (application will be subject to Canadian Science Advisory

Secretariat (CSAS) review in accordance with set schedule).

As per the Aquaculture Science Environmental Risk Assessment Initiative under DFO’s Sustainable Aquaculture Program, applications are subject to a scientific peer-review process through DFO’s CSAS. The peer-review process will include a meeting, in-person or by virtual means, where scientific experts from governments, academia, industry, First Nations and non-governmental organizations may be invited to participate. All peer-reviewed Research Documents, Science Advisory reports, and proceedings of meetings will be published on the CSAS Publications website. CSAS will coordinate the schedule of peer-reviews in conjunction with the Office of the Regional Aquaculture Coordinator. The referral response normally provides review of benthic information submitted and consideration to potential habitat impacts, potential wild fishery implications and consideration of impacts on wild fish habitat (including wild salmon). Comments may be provided as well as advice on whether or not to license the site, siting, fallow, depths for gear deployment, and escape prevention, in order to mitigate potential impacts.

Transport Canada Transport Canada (TC) is the lead agency with respect to navigation. This federal department will assess an application against the requirements of the Canadian Navigable Waters Act (CNWA) to determine if the development interferes with navigation. The federal government has a legal duty to consult Indigenous groups when its conduct has the potential to adversely impact Aboriginal or Treaty rights. If the proposed work triggers the legal duty to consult with Indigenous groups, an applicant may need to provide detailed information necessary to ensure consultations are adequate. TC will notify applicants if consultation is required. Once the assessment has been completed and if approved by TC, a Navigation Protection Program (NPP) approval document will be issued.

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As well as FFA, TC require applicants to conduct public consultation, different than that of the stakeholder consultation conducted earlier in the application preparation phase. These requirements are discussed in the following section.

12. Public Consultation

To ensure other marine resource users and members of the general public have an opportunity to provide comments on a proposed development, applicants are required to conduct a public consultation. This is in addition to the stakeholder consultation that is conducted as part of the licence application requirements.

TC and FFA have advertising requirements. To streamline this process, TC and FFA have established a joint public notification process by which the advertising occurs concurrently.

TC requires proposed works to be submitted via the NPP External Submission Site (ESS) and in a regional paper. FFA requires the proponent to advertise in a minimum of two different newspapers: a province-wide paper and a regional publication. In the absence of a regional publication, other advertising methods may be considered.

Public comment period will be 30 days from last date of advertising. Valid concerns, that are in accordance with FFA policies and received within this timeframe, will be communicated to the governing bodies as well as the applicant. Applicants are to address valid concerns, if not already addressed by the governing body. Once the application is ready for external referral, FFA will advise the applicant of the advertisement requirements for both TC and FFA and will provide the applicant with advertising instructions. Once advertising has been completed by the applicant, the applicant must provide the Registrar with proof that this has been completed. Costs associated with public consultation are the responsibility of the applicant.

13. Completion of Internal and External Review and Approval Process

Upon receipt of referral responses, the proposed development and responses are reviewed by FFA’s Aquaculture Licensing Committee. The committee makes a recommendation to the Minister on whether the application should be approved, rejected or approved in principle. If the Minister approves, an aquaculture licence with associated terms and conditions is issued. The licence, as well as associated formal approvals, will be provided to the successful applicant. Should the application be rejected, the applicant has the option to appeal the decision under certain conditions.

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14. Appeal Process As part of the aquaculture licensing process, applicants have an opportunity to appeal decisions in relation to an application they have submitted. Applications that have been deemed to pose a navigational and/or environmental hazard, and, contravene the Bay Management Agreement or its principles, are not eligible for appeal.

The process the appellant must follow is identified in the AP 45 Appeals Process policy as per the Aquaculture Policy and Procedures Manual. The appeal application must be in writing and submitted to the Minister within 30 days of receiving the licensing decision. There is a fee of $100 to process the appeal application.

An internal Aquaculture Licensing Appeals Committee (ALAC) will provide an impartial review and make a recommendation to the Minister. The ALAC will conduct a review of the stated reason for the appeal, the original aquaculture licence application, related referral responses and associated documents, relevant policies, provincial and federal legislation and any other related documentation. If the appellant is successful, the appeal fee will be reimbursed.

15. Once Licensed: What to Expect

FFA oversees the development and governance of the aquaculture industry. Once an operator is licensed to conduct aquaculture in the province of NL, established standards outlined in the Aquaculture Policy and Procedure Manual as well as in departmental legislation are required to be met in order to continue with operations. These robust standards are in place to ensure industry operates in an environmental sustainable manner while providing economic benefit to NL.

Accela Accela is a web based licensing service available to industry stakeholders. Once licensed, the Registrar will be in contact to provide the new licensee with information regarding the system and will facilitate the licensee registration. Registered licensees will have access to Accela to submit required annual reports and Permit to Transfer and Transport Applications via the citizen access site.

Introductions and Transferring of Licensed Species In order to stock licensed sites, a licensee must obtain authorization documentation. Under the authority of the Aquaculture Act, all fish transfers involving licensed aquaculture sites require authorization which is in the form of a Permit to Transfer and Transport issued by FFA and a Transfer Licence issued by DFO. These documents contain terms and conditions that must be followed. To streamline the application process, FFA

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coordinates this process through a one-stop shop approach. Applicants must submit an Application to Transfer and Transport to the Registrar via the online services system. The application undergoes a comprehensive review involving the ADD, AAHD and DFO. The Introductions and Transfers Committee (I&T), with representation from DFO, FFA and CFIA, will also review transfer requests to identify and address potential ecological, genetic and fish health risks associated with the transfer. To avoid unnecessary delays, it is recommended that applicants submit complete applications at least four weeks in advance of the first possible transfer date to allow sufficient time for review.

Applicants are required to provide aquatic animal health information to the AAHD for a disease risk evaluation. In an effort to mitigate the risk of disease transfer, fish health diagnostics are to be performed prior to the transfer.

The Permit to Transfer and Transport stipulates that a Transfer Report is required to be submitted post transfer within a specified timeframe. This report is to be submitted via the online services system.

Canadian Food Inspection Agency (CFIA) CFIA is the federal lead for the delivery of the National Aquatic Animal Health Program (NAAHP). Its goal is to prevent the introduction and spread of aquatic animal diseases.

CFIA issued Import Permits may be required to import susceptible species of aquatic animals and their products into Canada. These aquatic animals must meet the import requirements in order to enter Canada.

Under the NAAHP, CFIA utilizes a risk-based disease management approach reflecting defined lists of federally reportable diseases, immediate and annually notifiable diseases, and the species of finfish, molluscs, and crustaceans susceptible to these diseases. Import permits contain specific requirements based on the disease risks associated with the aquatic animal, the origin, and other relevant health information. Imported aquatic animals may require health certification from the country of origin, to ensure that the animals imported into Canada meet Canada's aquatic animal health requirements. Certificate of Health for Transfer for Live Cultured Finfish (CoHFT) Transfers between and into the Atlantic provinces are subject to the requirements outlined in the Health Policy for the Transfer of Live Cultured Finfish in Atlantic Canada. The CoHFT is a certification issued in accordance with this policy. Provided that applicants

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have met the CFIA requirements, the NL I&T will recognize the CoHFT as the disease risk evaluation.

When an applicant is requesting to use alternative strains of salmon, the introduction of this species will be assessed by the I&T.

Importation of Alternative Strains Application to DFO to transfer alternative strains of salmon into the province may trigger a risk assessment as per the National Code on Introductions and Transfers of Aquatic Organisms (code). In the event of an assessment, the I&T may require additional information: formal risk assessment information requirements as per Appendix 6 of the Code, mitigation measures to be employed by the applicant to reduce potential risks, and any other information to inform the review. The I&T will follow the formal risk assessment process as described in Appendix 7 of the Code to assess ecological and genetic risks that may be associated with the transfer. These risks will ranked into three categories, low, medium and high, which form the basis of the evaluation provided by the I&T to the decision-making authority. The decision-making authority will consider the I&T assessment as well as other factors such as socio-economic and Indigenous considerations in assessing the transfer application.

Annual Validation Aquaculture licences are multi-year and issued for a six year term. Each year, FFA will conduct a review of the licence for validation purposes and during the year of expiry, a renewal process will ensue. As per AP 7 Annual Reporting policy of the Aquaculture Policy and Procedures Manual, licensees are required to submit reports such as production statistics, employment statistics, an annual Aquatic Animal Health Report and a Net Cleaning and Disinfection Report. The production and employment statistics are to be submitted via the online services system. The remaining reports are to be submitted to the aquaculturelicensing@gov.nl.ca email account.

Licensees are also required to submit an updated Production Plan and provide an updated Environmental Management and Waste Management Plan, where necessary. If a licensee makes amendments or changes to other approved plans on file with the department, a copy of the updated plan must be provided.

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It is the responsibility of the licensee to ensure that all approvals and permits issued for the operation of the aquaculture site is to be maintained and in effect. Licensees are to be in good financial standing with the provincial government and Registry of Companies.

An annual fee is required. The fee to be paid is identified on the aquaculture licence: $145 per hectare. This fee may be paid in the same manner as the application fee: online or by cheque. Should the licensee be in compliance with departmental policies and requirements, the licence will be recommended for validation.

Quarterly Reports There are two quarterly reports required of licensees: Biophysical Data and Quarterly Aquatic Animal Health Report. These reports are to be submitted on April 15 (covering period of January 1 to March 31), on July 15 (covering a period of April 1 to June 30), on October 15 (covering period of July 1 to September 30) and, on January 15 (covering a period of October 1 to December 31).

Biophysical data report is to include dissolved oxygen, daily temperature and salinity profiles at different depths at all active sites. The data is to be submitted to the ADD and AAHD of FFA.

The Quarterly Aquatic Animal Health Report is administered by the AAHD. Licensees can obtain the report template from the AAHD when preparing information for submission. Reports are to be submitted to the AAHD.

DFO: Ongoing Environmental Monitoring - AAR Requirements Licensees will be required to conduct benthic monitoring of each production cycle in order to measure and determine the effectiveness of a site to manage biochemical oxygen demand (BOD). In an effort to make industry practices more transparent to Canadians, aquaculture operators are required to submit AAR reports annually.

There are several key components of ongoing effects and compliance monitoring as follows: • Sample system based on multiple transects from cage end out to 100 m; • Distance from cage and sample depth; • Substrate characterization; • Recording of deposits, chemistry and/or indicator species; and

Government of Newfoundland and Labrador

Fisheries, Forestry and Agriculture

19 | P a g e

• AAR prohibits an operator to begin a new production scale until it is demonstrated that measures of sulphide or beggiatoa (bacteria that favour sulphur rich environments) are within compliance thresholds (i.e., Sulphide (S) is the indicator for soft bottom environments and beggiatoa for hard bottom environments).

Government of Newfoundland and Labrador

Fisheries, Forestry and Agriculture

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ACCRONYM LISTING AAHD Aquatic Animal Health Division

AAR Aquaculture Activities Regulations

ADD Aquaculture Development Division

ADO Aquaculture Development Officer

ALAC Aquaculture Licence Appeal Committee

BOD Biochemical Oxygen Demand

CFIA Canadian Food Inspection Agency

CNWA Canadian Navigable Waters Act

CoHFT Certificate of Health for Fish Transfer

COSEWIC Committee of the Status of Endangered Wildlife in Canada

CSAS Canadian Science Advisory Secretariat

DFO Fisheries and Oceans Canada

EA Environmental Assessment

ECCM Environment, Climate Change and Municipalities

EEM Environmental Effects Monitoring

ESS NPP External Submission Site

FFA Fisheries, Forestry and Agriculture

FFAW Fish Food and Allied Workers

IA Initial Assessment

I&T Introductions and Transfers Committee

LTO Licence to Occupy

MAWUL Marine Aquaculture Water Use Licence

NAAHP National Aquatic Animal Health Program

NL Newfoundland and Labrador

NPP Navigation Protection Program

SAR Species at Risk

SARA Species at Risk Act

TC Transport Canada

APPENDIX 1

Finfish Cage Culture Aquaculture Licence Application

Aquaculture Licence Application Finfish Cage

Culture

SECTION A: APPLICANT INFORMATION Company/Individual Name: Type of Business: Individual □ Partnership □ Company □ Date Incorporated Principal Contact: Title: Address: City/Town: Province: Country: Postal Code: Phone #’s: Home Business

The Department of Fisheries, Forestry and Agriculture is committed to protecting personal information, which is being collected in accordance with section 61(c) of the Access to Information and Protection of Privacy Act, 2015 (ATIPPA, 2015) and will be used to assess this Aquaculture Licence Application. It will not be used for any other purposes unless authorized under ATIPPA, 2015.

Cell Fax E-mail Address For Companies and Partnerships, include a separate list of owners showing names, addresses and percentage of ownership. If the Environmental Assessment information was prepared by a consultant(s) or others on behalf of the proponent, please provide the same contact information for the responsible individual(s):

Company/Individual Name: Principle Contact: Title: Address: City/Town: Province: Country: Postal Code: Phone #: Home Business Cell Fax E-mail Address

SECTION B: SPECIES INFORMATION

1. Species/Strain to be Cultured

2. Source of Animals:

a) Company’s own Broodstock Yes □ No □

b) If yes, location of hatchery:

c) If no, who will be supplier of animals:

Company

Address

Phone # Contact Person

3. Type of Licence: Commercial □ Non-Commercial □

4. Do you currently hold an aquaculture licence(s)? Yes □ No□

If yes, give Licence Number(s)

SECTION C: SITE INFORMATION – ALL MEASUREMENTS IN METRIC UNITS

Include Separate Maps Showing Exact Location of Site and Details of Layout

1. Proposed Location:

Map Reference Coordinates (Measured at centre point of site in degrees and decimal minutes):

Examples: 56º 30’30” would be written as 56º 30.5’ 56.725º would be written as 56 º43.5’

Latitude º ‘ Longitude º ‘

2. Size of site in hectares: (1 hectare (ha) = 100 metres (m) x 100 metres (m)

Dimension of Site: metres x metres.

3. Nearest Community:

4. Type of land tenure: Private □ Crown Land □ Other

5. Will onshore facilities be constructed? Yes □ No□

If yes, type of facility:

When will construction begin?

Note: Applicant must obtain all necessary approvals from other Departments/Agencies.

* Indicate the location of these facilities on a map.

6. Provide information concerning any existing or planned construction activities that will take place in or near water, on wetlands, or on beaches. Include a schedule of proposed activities and their location in the following table.

Table 1. Description Number Dimension

(in Meters) Construction

Date

Example:

Wharf 1 10m x 3m May 2002

Cabin 1 10m x 6m July 2002

Floating Feed Shed 1 8m x 8m July 2002

7. If heavy machinery, vehicles or vessels are required for installation and construction phases, list the specific types and explain when and how they are to be used. For example, an excavator may be used to dredge an area or install shore-based infrastructure.

8. Describe any routine facility maintenance procedures, including frequency.

9. Nearest aquaculture site

Distance kilometers Species cultured

10. Describe any fishing activities (i.e., commercial, aboriginal or recreational fisheries), tourism operations, cabins, recreational activities (i.e., boating, diving, water skiing, swimming, etc.) that are located within a 2km radius of the site lease boundary. Provide information on their time(s) of operation and proximity to the site.

11. Has an aquaculture assessment been carried out on the site? Yes □ No□ If yes, give details

SECTION D: ENVIRONMENTAL CONCERNS

1. Identify any known activities or pollution sources in the area that may pose a threat to

the site. Describe the activity(ies) and explain how it/they could impact the site.

2. Describe all waste materials expected to be generated by the operation of this facility which shall be released into the water (i.e. fecal, food particles, etc.) or which will require disposal on land.

3. Identify any changes to the project that may be caused by the environment. Aspects of the environment, such as weather and climate, tides, algal blooms, superchill, etc. should be considered. Identify measures to mitigate these changes.

4. Identify potential risks due to malfunctions or accidents that may occur during the installation, operation, and decommissioning phases of the project (i.e., fuel spills, storm destruction, etc.). Discuss operational plans to prevent such accidents and malfunctions and present contingency plans to deal with each of these potential situations.

5. List planned measures to mitigate any harmful effects of the construction and

operational phases of the project. Measures include but are not limited to ensuring that the construction site remains clean after work is completed, a bio-security plan is in place, and application of the Code of Containment.

6. Describe proposed methods to minimize fish escapes from cages. Also describe procedures for recapture of escapees.

7. Should decommissioning be required, describe the process, including measures to restore the area to its natural setting. Provide details on how all associated infrastructure will be removed from the site if the site is no longer required. Explain how this material will be disposed of.

SECTION E: DEVELOPMENT/PRODUCTION PLAN

Please use Table 2 on page 5 to record the following information:

1. At full operation state:

a) estimated month and year stock will be purchased.

b) the expected number of smolts or fingerlings to be stocked;

c) the grow out period.

d) the average individual fish weight at the start and the end of grow out;

e) expected losses over grow out period.

f) The final production quantity (kg) at the end of growth period

Table 2.

Year/ Month

Stocking Number

Growth Period

Avg.Start

Average Final

Expected Losses

Expected Production

Weight Weight (%) (kg) (kg) (kg)

Example

1999/05 50000 18 0.130 kg 3.5 kg 20% 140,000 kg

2. Expected maximum stocking (rearing) density kg/m³

3. Broodstock will be reared: Yes □ No □

If yes, state approximate number and weight:

4. If broodstock are stripped, where will egg incubation occur?

5. In what year do you anticipate to reach peak production?

6. At peak production, what is your anticipated harvest for this site? tonnes.

7. Indicate number and type of net cages proposed for each year in Table 3.

Table 3.

Year/Month Type of Cage and Mesh Size

Number of Cages

Holding Capacity (cubic meters, m³)

Example

1999/05 Wooden (25m) Octagon 6 6 x 600 m³ = 3960 m³

8. Identify predators that will likely threaten the site and describe any predator control

plan.

SECTION F: WATER AND SITE QUALITY

1. A fallow period is required. Indicate licensed site location of fish (if not being

harvested) during fallow period and describe the rotation plan for fallowing.

*Indicate on a map what area will be used for fallow.

2. Clearly specify type of feed used (i.e. moist, dry, silage based, other):

3. Describe the method of feed administration (i.e., by hand, auto feeders, etc.). Provide your feed schedule for the entire growth cycle. Include planned amounts to be used. Provide annual totals for production tonnage and feed consumption.

4. Describe, in detail, the methods that will be adopted to minimize excess feed such as

the use of feed tables, calculations to optimize feed use., the use of one feed form over another, feed cameras or other electronic feedback systems (including frequency of monitoring), pellet size, etc.

Complete either Section F (a) on page 8 if applying for a salt water cage operation, or Section F (b) on page 9 if applying for a fresh water cage operation.

SECTION F (a) SITE SUITABILITY FOR SALTWATER NET CAGE OPERATION

1. TEMPERATURE SALINITY PROFILE Record temperatures in degrees Celsius (ºC) and salinity as parts per thousand (ppt) at the indicated depths. Spring Summer Fall Winter

Depth (m)

Temp

Salinity

Temp

Salinity

Temp

Salinity

Temp

Salinity

0

1

2

3

4

5

10

Bottom less 1 metre

1. Minimum water depth below the bottom of the net cages at low tide metres. * Include this depth on cross-sectional drawing of site.

2. Exposure to Wind and waves:

a) Maximum fetch: kilometers. Direction:

b) Prevailing wind direction:

Spring Summer Fall Winter

c) Maximum wave height meters.

3. What is the prevailing storm wind direction?

* Label this wind on a map.

SECTION F (b): SITE SUITABILITY FOR FRESH WATER NET CAGE OPERATION

1. WATER QUALITY

Determine the levels of the following parameters at your proposed site at a depth of one (1) meter.

Parameters Values Spring Summer Fall Winter

Dissolved Oxygen (mg/l)

Total Alkalinity (mg/l)

Hardness (as Calcium Carbonate) (mg/l)

Ammonia (mg/l)

pH

Temperature (ºC)

1. DIMENSIONS OF LAKE

a) Overall area of lake: hectares.

b) Average depth of lake: metres.

c) Maximum depth of lake: metres.

2. Minimum water depth below the bottom of the net cages m.

Sample ID

Number

Sample Site Coordinates

Water Depth at Low Tide

Sample Number

Sediment Color

Bottom Sediment (Sandy, Gravel,

Rock, Mud)

Sediment Redox

Potential Eh (mv)

Sediment Sulphide

(uM)

Sample Photo Number, Short Description of

Grab Composition

and any Comments

1

2

3

1

2

3

1

2

3

1

2

3

* Include this depth on cross-sectional drawing of site.

3. EXPOSURE TO WIND AND WAVES

a) Maximum fetch kilometers. Direction .

b) Prevailing Winds:

Spring Summer Fall Winter

c) Maximum wave height m.

4. What is the prevailing storm wind direction? * Label this wind on a map.

SECTION F(c): BOTTOM SAMPLES Complete all Required Columns in the Table (See notes below): Notes of Completion for Table:

a) For aquaculture sites with five finfish cages or less, provide a sample from each cage location. For aquaculture sites with more than five cages, provide sediment samples and depths for the entire aquaculture lease area at a sample density or not more than 100 metres spacing. That is to say, minimum of four samples per hectare must be provided.

b) For each sample provide a description of the bottom i.e. Is the bottom mud, sand, gravel, or rock? What colour is the sample? For example – Fine light brown sand, or grey sandy gravel, or black mud, etc.

c) For each sample site, and where possible, take an Ekman Grab or core sample of the bottom and measure the redox (Eh) potential and provide sulphide data from the sediment sample. If a sample cannot be taken, state why.

d) Provide at least one dated, colour photograph per station. Ensure each photograph is clearly referenced to the sample and station. Use a coin or other suitable object to indicate scale in each photograph.

SECTION G: CONSULTATION

The proponent is required to make initial contact with other users of the water resource to identify and resolve any potential conflicts where possible. Such users include local fishers committees, tourism groups, economic development boards etc. Please identify contacts made.

Organization Contact Person

Phone Concern Date

Yes □ No □

Yes □ No □

Yes □ No □

Yes □ No □

Yes □ No □

Details on any concerns noted:

DECLARATION, CONSENT, AND DISCLOSURE

I/We, the undersigned proponent(s) understand and acknowledge that in making this application for an aquaculture licence, the following departments and/or agencies of government (provincial and federal) may be consulted and involved in the review of this application as follows:

1. Department of Environment, Climate Change and Municipalities – Water Resources Management Division – under Sections 14 and 48 of the Water Resources Act SNL 2002 cW-4.01, either, Marine Aquaculture Water Use Licence/Permit for marine sites, or, Water Use Licence and Permit for freshwater sites. The need for environmental assessment or other related requirement(s) under the Environmental Protection Act SNL 2002 cE-14.2 will be determined as necessary.

2. Department of Fisheries, Forestry and Agriculture - Lands Branch – approval under the

Lands Act.

3. Department of Fisheries, Forestry and Agriculture – approval for aquaculture licence under the Aquaculture Act.

4. Transport Canada – approval under the Canadian Navigable Waters Act.

5. Fisheries and Oceans Canada

6. Other Departments/Agencies where applicable. The information provided on this application do not release the applicant from obtaining the necessary approvals from any other department, agency or other entity having jurisdiction in relation to the site or activities occurring at that location.

I/We certify that the information contained in this application and the related documents is true and correct in all respects.

I/We hereby authorize the Department of Fish and Land Resources to obtain information concerning my/our financial affairs in relation to this application from the parties noted.

Date:

Signature and Title of applicant

(Corporations must affix corporate seal)

APPENDIX 2 Applicant Guidance Document

Environmental Information Review

Applicant Guidance Document Environmental Information Reviews

LAST REVISED August 30, 2019

Prepared by

Aquaculture Development Division

Department of Fisheries, Forestry and Agriculture

1. INTRODUCTION New applications for aquaculture sites will undergo a preliminary environmental review by the Department of Fisheries, Forestry and Agriculture (FFA) – Aquaculture Branch as a component of the licence assessment process. The review ensures applicants provide sufficient information at the beginning of the application process prior to referral. This allows that each regulatory department and agency will have all the necessary information it requires to complete a full assessment. There is a requirement for comprehensive environmental management planning in our approach to developing the aquaculture industry. FFA is committed to sustainable development and providing an efficient ‘one-stop shop’ application process, which this guide helps support. Complete information gathered early in the application process will reduce the need for multiple agencies to request additional information later in the review process.

The following will provide aquaculture applicants detailed guidance. The guide focuses on current areas of priority that require comprehensive information (i.e., Section D and F of the application). As a living document, users should note the guide’s content can change with priorities and updates in protocol(s). This is the fifth update of the ‘Applicant Guidance Document – Environmental Information Reviews’ first prepared in 2008, and updated in 2010, 2012, 2015, and most recently in 2019. Since 2015 there have been several notable changes to the regulatory and policy framework at the federal and provincial levels that will require aquaculture operators to update environmental management plans. These changes are as follows:

• The implementation of a regional ‘Bay Management Area (BMA)’ agreements for finfish cage operations at the provincial level;

• The enactment of the Aquaculture Activities Regulations (AAR) under the federal Fisheries Act in 2015;

• Better knowledge of regional wild and farmed fish interactions; • Adoption of more advanced technology and practices that can improve

containment and support larger systems; and • Availability of more effective genetic methods to improve stock identification

and traceability. These actions have resulted in broader public interest in aquaculture, proposals for larger farm systems, and changes to the length of fallow periods, as well as changes to the protocols for environmental site assessment, monitoring and reporting. The

BMA agreement prescribes a minimum fallow period that is determined and coordinated regionally, as well as a per site basis. The AAR now determines whether a fallow period is extended for environmental reasons on a per site basis, and this is assessed through a benthic monitoring program that measures an operation’s performance against specified chemical or biological indicators of biochemical oxygen demand (BOD).

2. KEY ENVIRONMENTAL INFORMATION GENERAL CONSIDERATIONS Dated Information Aquaculture operations have been licensed and have operated in Newfoundland and Labrador under older regulatory and policy frameworks. Companies seeking to expand their enterprise to new sites, increase the size of existing sites, or are seeking to move forward on an older application that was not advanced, are responsible for ensuring that environmental management plans are maintained and updated to meet the current regulatory and policy frameworks. The applicant should not assume information gathered on a previous application is still valid and acceptable. 2015 is an important year in this regard. The enactment of the federal AAR has resulted in changes to baseline site assessment, benthic monitoring, and annual reporting requirements. FFA will consider whether an applicant demonstrates:

• It can manage the site and will apply up-to-date practices; and

• Familiarity in the activities and risks in the vicinity of the proposed undertaking, aquaculture or otherwise, where time-lapsed between a previous application and the current application.

An applicant should assume only up-to-date information is acceptable.

Competency General statements referencing the applicant’s level of experience will not substitute/address specific information requirements. When completing an application, applicants’ should focus on describing the original site data it has collected, as well as the management, operational, and technical aspects of its business in the context of its regulatory responsibilities.

Sustainable Development requires an Integrative approach to Environmental Management Although particular sections of the document (i.e. Section D and F) focus on the environment, the entire application is reviewed in the context of environmental management.

SECTION C: SITE INFORMATION

Supporting Documentation Separate maps showing exact location of site and details of the layout should be included.

Respecting the site location, the corner coordinates of the site should be included on supporting maps. Coordinates should be expressed as degrees and decimal minutes. The cage configuration is also important (Finfish). Respecting the details of the layout, the cage number and their layout should be provided as well as the cross-section in proportion to water depth. This is important because Fisheries and Oceans Canada (DFO) will request that the coordinates of each cage are recorded for AAR benthic monitoring purposes.

Item 8: Describe any routine facility maintenance procedures, including frequency. This should include onsite net cleaning and changes (Finfish). Suggested format:

Activity Purpose Frequency Remote operated net

cleaning system Remove biofouling and maintain

effective water exchange Spring, summer and fall biweekly; winter

monthly

Item 10: Describe any fishing activities (i.e., commercial, aboriginal or recreational fisheries), tourism operations, cabins, recreational activities (i.e., boating, diving, water skiing, swimming, etc.) that are located within a 2 km radius of the site lease boundary. Provide information on their time(s) of operation and proximity to the site.

While DFO has in-house knowledge of fishing activities, local knowledge is helpful in providing context to the scale of activity and anticipating potential resource user issues prior to referral.

Suggested format:

Activity Season Proximity lobster harvest spring and early summer 0-2km

Item 11: Has an aquaculture assessment been carried out on the site? (Yes or No) If yes, give details. In recent years, aquaculture applications have been supported by more comprehensive assessments completed for present and past developments. Traditionally applicants have emphasized benthic assessment work, but examples of other aquaculture assessments are introductions and transfers risk assessment, assessment of a sites water and climate suitability, and environmental assessment registration of an undertaking. The following format is suggested to clearly note supporting assessments:

Assessment Date Company AAR baseline site

characterization report August 2018 Newco

Consulting

SECTION D: ENVIRONMENTAL CONCERNS

Item 1: Identify any known activities or pollution sources in the area that may pose a threat to the site. Describe the activities and explain how it/they could impact the site.

Key information requirements are:

• Number of cabins within the area

• Sewer outfalls/septic tanks emptying within the area

• Ocean disposal sites within the area

• Potential for vandalism in the area

• Amount of boating (recreational/inshore fishery/etc.) occurring within the area

• Industrial effluents

• Neighbouring aquaculture sites

Suggested format: Activity Proximity Potential Impact

cabin 2 km negligible

Item 2: Describe all waste materials expected to be generated by the operation of this facility, which shall be released into the water (i.e., faecal matter, food particles, etc.) or will require disposal on land.

The key objective is to identify and qualify/quantify (where possible) all possible waste streams. It is assumed operations will generate all of the material (waste) streams listed below.

The applicant should describe each of these. If they are not generated, explain the practice(s) that eliminates its generation. Descriptions of the management and/or mitigation of these waste streams are required in Item 5, and the applicant should assume each item will require management measures.

The following is a list of typical materials used or generated by aquaculture and the associated activity that can result in waste:

Organics Finfish Shellfish Biofouling Net maintenance Harvest Faeces Grow-out Not significant Feed Feeding N/A

Fish discard/ Mortality and drop-off

Septic

Wastewater Expired wooden pallets

Processing/Rearing Processing/Rearing

Operations Environmental/Operations

Processing bloodwater Biofoul, undersized, and shell

Supplies and equipment handling

*High density polyethylene (HDPE);

Low density polyethylene (LDPE); Polypropylene (PP)

Chemicals Finfish Shellfish Antifoulant Net maintenance N/A Cleaner and disinfectant Hydrocarbons Paint

Maintenance and biosecurity Maintenance and biosecurity Fueling and maintenance Fueling and maintenance Maintenance Maintenance

Inorganic

Feed bags (i.e., LDPE and PP)* Expired HDPE* buoys Expired HDPE* piping Expired netting, and Socking Expired nylon and PP*

Finfish Shellfish

Feeding N/A

Navigation/Suspension

Stock containment

Navigation/Suspension

N/A

Stock containment Culture substrate

Mooring and containment Mooring and longlines

Refuse Containers, packaging,

Misc.

Containers, packaging,

Misc.

Suggested format:

Waste Frequency* Duration* Approximate

amount (MT annually)**

*Frequency/duration can be approximated as: daily/<day; weekly/<week; monthly/<month; annually/<year; decade/>year.

**If there is no method to approximate (i.e., biofouling) note as not determined (n.d.), or if it is reasonable to be approximated <1MT/a note as negligible. Item 3: Identify any changes to the project that may be caused by the environment. Aspects of the environment, such as weather and climate, tides, algal blooms, superchill, etc. should be considered. Identify measures to mitigate these changes

Key information requirements include:

• Sites selected to avoid adverse climatic conditions

• Gear relocation/removal/addition for different seasons

• Removing gear prior to forecasted storm events

• Biosecurity plans

• Aquatic invasive species prevention, management, and reporting

Suggested format: Event Frequency* Duration* Impact(s) Mitigation(s)

*Frequency/duration can be approximated as: daily/<day; weekly/<week; monthly/<month; annually/<year; decade/>year.

Item 4: Identify potential risk due to malfunctions or accidents that may occur during installation, operation, and decommissioning phases of the project (i.e. fuel spills, storm destruction, etc.). Discuss operational plans to prevent such accidents and malfunctions and present contingency plans to deal with each of these potential situations. Key information requirements include:

• Retrieval methods for lost lines/cages/gear

• Plans/methods to limit escapees

• Emergency Response Plan

• Refueling procedures (when, where, and how)

• Spill Response Equipment present at re-fueling station (if yes, what equipment present)

• Communications

Suggested format: Incident Potential Impact Response

It is assumed that some fuel will be handled on the water; therefore, the applicant should address whether a spill kit with absorbents, absorbent pads, and/or boom will be maintained on vessels. Also, if there is potential to spill hydraulic fluid, the same rationale applies.

Debris and refuse may be lost due to weather events, and without a contingency plan to retrieve this material, refuse may become abandoned along shorelines. Applicants should provide a plan to address shoreline cleanup and debris retrieval. Also, describe measures that prevent refuse and waste containers from tipping or blowing offsite.

Any applicable comprehensive plan prepared by the applicant can be noted by reference. Item 5: List planned measures to mitigate any harmful effects of the construction and operational phases of the project. Measures include, but are not limited to, ensuring that the construction site remains clean after work is completed and a biosecurity plan is in place.

This item is one of the most extensive in the application; the applicant should expand upon the waste streams identified in Item (2), consider the potential effects of the project on the environment during construction and operation and vice versa; and describe the environmental management and/or mitigation practices that will be applied.

Any applicable information in an applicant’s comprehensive environmental management plan and waste management plan can be noted by reference.

Potential Environmental Impacts

Examples of potential environmental effects of the project include:

• Increased oxygen demand

• Organic waste deposition and accumulation (feed and faeces/pseudofaeces)

• Disruptions to nitrogen cycling

• Increased algal growth

• Changes in benthic community structure

• Smothering of benthic habitat/creation of anoxic or anaerobic benthic conditions

• Etc.

Site-specific information is crucial; i.e., sites with large tidal fluctuations may replenish oxygen and remove organic waste regularly, thereby reducing such potential impacts. The following items may be used to assess the site environment and how it may positively or negatively impact the aquaculture operation. Some of the following are also identified in the baseline data requirements identified in Section F.

• Filter capacities of shellfish

• Feed types and amount used for finfish

• Water depths at site

• Tidal fluctuations (i.e., differences between high and low tides)

• Substrate at site (i.e., sand, cobble, boulder, bedrock, etc.)

• Fetch

• Predominant current direction (if known)

• Aquatic flora and fauna species and locations

• Presence/absence of ‘species at risk’

• Abundance of wild Atlantic salmon in the region.

Species at Risk Species at Risk Act (SARA) prohibits: the killing, harming or harassing of a threatened, endangered or extirpated species; the damage or destruction of an individual species’ residence; and the destruction of any part of a species’ critical habitat. The applicant must identify species at risk (SAR) that may be present and outline appropriate management measures. To do this, the applicant must review the SAR Public Registry for the most current information.

1. An aquaculture industry factsheet for SAR can be found at https://www.dfo-mpo.gc.ca/species-especes/sara-lep/index-eng.html.

2. The following link is a list of SAR, at the time of writing, which may be seen in

Newfoundland and Labrador (NL) and possibly observed around aquaculture sites. Schedule 1 of the Species at Risk Act is updated periodically, and the applicant must access the public registry (https://www.canada.ca/en/environment-climate-change/services/species-risk-public-registry.html) and be familiar with the up-to-date list.

3. State the management measures in place, to respond to sightings and/or potential farm interaction with species of concern. Measures can include any one or more of the following:

• Preventative measures

• Observation and recording

• Reporting

• Handling and freeing of entangled or penned animals

Where recovery strategies and action plans are available, they can be used to gather information on the species in question. Recovery strategies and action plans can be found at https://www.canada.ca/en/environment-climate-change/services/species-risk-public-registry.html.

The applicant is also encouraged to be familiar with species being considered by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) because they may be listed under SARA during the life of the site operation.

Farmed and Wild Salmon Interaction (Finfish)

Ongoing river studies have demonstrated that farmed and wild salmon interaction has occurred on the south coast, in Atlantic salmon aquaculture production regions, as a result of escaped farmed salmon interbreeding with wild populations. The following information is requested to demonstrate how the applicant will mitigate and support better knowledge of the risks:

• An overview of current knowledge on Atlantic salmon populations, rivers,

presence, abundance and behaviour in the region of the proposed aquaculture

site.

• Reference to the applicant’s mitigation measures to minimize the risk of farm/wild interactions (i.e., where applicable mitigations are provided in another section of the application, the applicant can cross-reference to avoid redundancy).

Where applicable applicants should consider inclusion of the following initiatives:

• Note any partnerships with other organizations that are investigating better

practices, containment, or understanding of farmed/wild interaction via study and monitoring

• Proposed measures to enable identification and traceability of farm stock in the event of an escape

Waste Management

Describe the waste management plan that addresses the waste streams in Item (2). The following information is provided for context and to assist the applicant in framing its waste management plan for organics, inorganics, chemicals, and BOD.

Benchmarks are offered as approximations and are based on waste generated for every 1,000 MT of farm-gate aquaculture production. Context is also provided as to how the material is managed applying the 5Rs of waste management: reduce, reuse, recycle, recovery, and residual disposal. Organics Approximate

Annual Generation Current Management Practice

Biofouling 50 MT Reduce (i.e., in-situ practices)

Residual (i.e., disposal)

BOD

370 MT

Reduce (i.e., feed management practices) Residual (i.e., Fisheries Act)

Finfish and it by-product*

200 MT (processing)

120 MT (mortality)

Reduce (i.e., processing and husbandry) Recovery (i.e., rendering and agriculture) Residual (i.e., landfill)

Reduce (i.e., inventory

Shellfish and its by-product

300 MT

reconciliation, product diversification) Recovery (i.e., agriculture)

Residual (i.e., landfill)

Septic Not quantified Recovery (i.e., operations)

Residual (i.e., CSSP)

Wastewater Not quantified Reduce (i.e., equip. upgrades)

Residual (i.e., treatment)

Expired pallets

Not quantified Reuse

Residual (i.e., firewood)

* The following is a summary of the current waste management options, available for fish and fish byproduct, for the purpose of emergency preparedness in the event of a depopulation, mass mortality, or accidental spill: salmon processing plants; fish rendering plants; ensiling; or a waste management facility approved for organic disposal. All options that involve High Risk Material (HRM) must have prior approval from all regulators, including the FFA – AAHD.

Inorganics Annual

Generation* Current Management Strategy

Feed bags

(i.e., LDPE and PP)

3-4 MT

Reduce (i.e., production scaling) Residual (i.e., landfill)

Expired HDPE buoys

Expired HDPE piping

See next row Residual (i.e., landfill)

Expired netting Expired nylon and PP ropes Refuse

6-7 MT

Reduce (i.e., larger cages) Reuse (i.e., net mending) Residual (i.e., landfill)

Chemicals Annual Generation

Current Management Strategy

Antifoulant

Not quantified

Reduce (i.e., in-situ practices) Recovery (i.e., technology) Residual (i.e., disposal)

Cleaner and disinfectant

Not quantified Reduce, reuse (i.e., logistics)

Residual (i.e., neutralization) Hydrocarbons Not quantified Reduce, reuse, recovery,

residual Paint Not quantified Residual (i.e., disposal)

Biochemical Oxygen Demand (BOD) Matter

Respecting finfish sites, when managing BOD matter (i.e., faeces, feed and biofouling), applicants should consider the potential outcomes of the benthic monitoring program administered by DFO under the federal Aquaculture Activities Regulations (AAR). If an operation’s regulatory monitoring demonstrates that a benthic BOD regulatory threshold is exceeded, the operation will not be able to begin new production until follow-up monitoring demonstrates benthic indicators of BOD are below the regulatory threshold. A site that performs poorly in this regard may see its fallow extended. If the fallow is extended, BMA stocking policy for that area may cause the operator to miss the BMA stocking window for the following production cycle.

Applicants should consider all elements of their site management that impact the operations contribution to BOD, and prepare a contingency plan outlining proposed actions in the event operations exceed BOD indicators.

The following are examples of best practices established in NL that mitigate the impact of BOD:

Activity Standard Practice/ Mitigation Measures

Benefits

Site selection (i.e., local)

• Locating cages in water depths greater 30 m

• Baseline assessment that includes current measurements, carbon footprint modelling at 10m contour

Avoidance of productive fisheries habitat (i.e., eelgrass and

intervals, and the collection of visual and/or chemical data within the predicted 1g/m2/d carbon footprint

lobster habitat) as well as promote dispersion

Site selection (i.e., regional)

• Mandatory > one kilometre site separation for sites owned by the same company.

• Mandatory > five kilometre site separation for sites owned by different companies.

• One kilometre separation from scheduled salmon rivers

Promote dispersion Fisheries protection

Fallowing • Fallow period following a production cycle

Facilitates breakdown of organics deposited below cages

Stocking density

• Maximum 18 kg/m3 stocking density during growing season

Caps production of feeding and faecal material over an area

Feeding • Avoiding use of wet feed

• Feed cameras monitor feed administration

Control of feeding, and avoid over feeding

Net cleaning

• Heavily fouled nets are removed from site to a centralized net washing facility

Decrease biofoul disposed at the Aquaculture site

The following are examples of actions that can be considered in a proposed mitigation plan to decrease an operation’s organic deposits:

Activity Action Benefit Site selection (i.e., Local)

• Conduct further current and loading analysis to adjust site origination and/or location

Promote dispersion

Fallowing • Maintain fallow until monitoring demonstrates that the site meets regulatory standards for operation

• Identify an alternate site in a contingency

plan to avoid loss of production

Facilitates breakdown of organics deposited below cages

Stock density

• Prescribe a reduction in stock density for the next production cycle.

• Identify an alternate site in a contingency plan to divert excess stock.

Direct reduction in feed requirements and the production of faeces

Feeding • Conduct a third party audit of feeding protocols

• Check level of feeding in comparison to biomass and water temperatures

• Monitoring - direct staff monitoring in combination with submerged cameras

• Daily records for feed type and amount (i.e., numbers, biomass, temperature, growth rates)

• Investigate and apply new technologies that capture and circulate feed

• Investigate and apply more efficient feed monitoring technologies

Improve efficiencies in feeding. Can be part of a maintenance schedule and monitored regularly through internal audits

Net cleaning

• Investigate and apply more efficient technologies for onsite maintenance net cleaning, or adjust frequency of net cleaning

Inhibit colonization and avoid the bulk release of biofouling

Item 6 (Finfish): Describe proposed methods to minimize fish escapes from cages. Also describe procedures for recapture of escapes. Outline containment and escape management plan that meets or exceed the minimum requirements of the NL Code of Containment (CoC).

Item 6 (Shellfish) and 7 (Finfish): Should decommissioning be required, describe the process, including measures to restore the area to its natural setting. Provide details on how all associated infrastructure will be removed from the site if the site is no longer required. Explain how this material will be disposed of.

The potential risk of site abandonment due to environmental or financial factors requires applicants to submit a decommissioning/contingency plan that includes the following information:

• Capacity to execute

• Time of year when gear will be removed

• Types of gear to be removed

• Disposal of unwanted/damaged gear (i.e., how, where)

• List of gear to remain onsite (i.e. anchors, navigation aids, etc.)

• Identify what equipment is salvageable

SECTION F(c) BOTTOM SAMPLES (FINFISH) Applicants must submit baseline data as per the Aquaculture Activities Regulations (AAR). This baseline will be assessed by DFO. DFO requests the information within 30 days of submitting an application for an aquaculture licence, and requires the information 300 days prior to stocking.

The AAR guidance document can be found at this link: https://www.dfo-mpo.gc.ca/aquaculture/management-gestion/aar-raa-gd-eng.htm

The AAR aquaculture monitoring standard can be found at this link: https://www.dfo-mpo.gc.ca/aquaculture/management-gestion/aar-raa-ann7-eng.htm Questions or comments can be directed to:

Aquaculture Development Officer

St. Alban’s (709) 538-3705, Corner Brook (709) 637-2960 Or

Jonathan Kawaja, Environmental Scientist (Aquaculture) Aquaculture Development Division Tel: (709) 292-4100

Email: jonathankawaja@gov.nl.ca