NEWFOUNDLAND AND LABRADOR REGULATION 71/25

Short title

1. These regulations may be cited as the Aquaculture Administrative Regulations.

Definitions

2. In these regulations,

(a) "Act" means the Aquaculture Act, 2023;

(b) "permit to transfer and transport" means a permit issued by the minister under section 6 to allow a person to

(i) transfer or transport live cultured aquatic organisms from one body of water or facility to another; or

(ii) introduce live cultured aquatic organisms to a body of water or facility; and

Exemptions

3. (1) The following are exempted from the application of the Act, these regulations and the Aquaculture Regulations, 2025:

(a) containers or ponds where cultured aquatic organisms are held and are

(i) not intended to be sold,

(ii) intended for pet or ornamental trade, or

(iii) intended for personal consumption;

(b) containers for cultured aquatic organisms in a retail food store or restaurant or on a pier; and

(i) Memorial University of Newfoundland established under the Memorial University Act, or

(ii) a college established under the College Act, 1996.

(2) Notwithstanding paragraph (1)(c), where a federally reportable disease is detected in a pond, tank or other onshore facility referred to in paragraph (1)(c),

(a) the owner or operator of the onshore facility shall

(i) immediately notify the chief aquaculture veterinarian, and

(ii) provide the information requested by the chief aquaculture veterinarian; and

(b) section 40 of the Act and paragraphs 12(i) and (j) of the Aquaculture Regulations, 2025 apply.

Cultivation of broodstock

4. Broodstock may be cultivated at a facility provided that it is not cultivated or held in containers in the marine environment.

Transfer and transportation of live cultured aquatic organisms

5. (1) A person who wishes to transfer or transport live cultured aquatic organisms from one body of water or facility to another shall, in the form and manner set by the minister, apply to the department for a permit to transfer and transport.

(2) An application referred to in subsection (1) shall include the following information and documentation:

(a) the number of live cultured aquatic organisms being transferred or transported; and

(b) the species, ploidy and strain of the live cultured aquatic organisms being transferred or transported.

(3) The minister may issue a permit to transfer and transport to a person referred to in subsection (1) where

(a) the person applies for a permit to transfer and transport in accordance with subsection (1) and includes the information referred to in subsection (2);

(b) the person submits the following documentation to the chief aquaculture veterinarian:

(i) the aquatic animal health records for the preceding 12-month period from the facility from which the live cultured aquatic organisms are being transported or transferred,

(ii) a veterinary attestation of health for finfish or, where the finfish are being transferred between Atlantic provinces, a Certificate of Health for Transfer, and

(iii) any other information required by the chief aquaculture veterinarian; and

(c) the chief aquaculture veterinarian approves the source facility from which the live cultured aquatic organisms are being transported or transferred.

(4) A permit issued under subsection (3) is subject to the terms and conditions stated on the permit to transfer and transport.

(5) Following the transfer or transport of live cultured aquatic organisms, the person who was issued the permit to transfer and transport shall submit a report to the minister in the form, manner and time period set by the minister.

Introduction of live cultured aquatic organisms

6. (1) A person who wishes to introduce live cultured aquatic organisms to a body of water or facility shall, in the form and manner set by the minister, apply to the department for a permit to transfer and transport.

(2) An application referred to in subsection (1) shall include the following information:

(a) the number of live cultured aquatic organisms being introduced; and

(b) the species, ploidy and strain of the live cultured aquatic organisms being introduced.

(3) The minister may issue a permit to transfer and transport to a person referred to in subsection (1) where

(a) the person applies for a permit to transfer and transport in accordance with subsection (1) and includes the information referred to in subsection (2);

(b) the person submits the following documentation to the chief aquaculture veterinarian:

(i) the aquatic animal health records for the preceding 12-month period from the facility from which the live cultured aquatic organisms being introduced are being transported or transferred,

(ii) a veterinary attestation of health for finfish being introduced or, where the finfish being introduced are being transferred between Atlantic provinces, a Certificate of Health for Transfer, and

(iii) any other information required by the chief aquaculture veterinarian; and

(c) the chief aquaculture veterinarian approves the source facility from which the live cultured aquatic organisms being introduced are being transported or transferred.

(4) A permit issued under subsection (3) is subject to the terms and conditions stated on the permit to transfer and transport.

(5) Following the introduction of live cultured aquatic organisms, the person who was issued the permit to transfer and transport shall submit a report to the minister in the form, manner and time period set by the minister.

Nets

7. (1) Before installing nets at a site, a licensee shall prepare standard operating procedures respecting the cleaning and disinfection of nets and submit them to the chief aquaculture veterinarian for approval.

(2) Any amendments to the standard operating procedures referred to in subsection (1) shall be approved by the department before being implemented.

(3) A licensee shall

(a) remove all nets from the site at the end of a production cycle; and

(b) service, clean and disinfect the nets on land in accordance with the net service, cleaning and disinfection standard operating procedures approved by the chief aquaculture veterinarian before the nets are reinstalled at a facility.

(4) Notwithstanding subsection (3), a licensee may clean nets while they are in the water during the production cycle in accordance with the net cleaning standard operating procedures approved by the chief aquaculture veterinarian.

(5) Each year a licensee shall submit a net inventory report to the minister in the form and manner set by the minister.

(6) Each year a licensee shall submit a net cleaning and disinfection report to the chief aquaculture veterinarian in the form and manner set by the chief aquaculture veterinarian.

Feed bags

8. A licensee shall ensure that all feed bags are

(a) secured to prevent loss at sea after being emptied of feed; and

(b) secured by a mechanism approved by the department before being transported to a waste management facility.

Fish disposal plan

9. A licensee shall

(a) prepare a fish disposal plan in accordance with the Aquaculture Policy and Procedures Manual; and

(b) dispose of cultured aquatic organisms and cultured aquatic organism by-products in accordance with the fish disposal plan.

Administrative penalties

10. (1) The minister may order a licensee to pay an administrative penalty of not less than $2,500 and not more than $7,500 where the licensee contravenes one or more of the following provisions of the Aquaculture Regulations, 2025:

(a) subsection 7(5);

(b) subsection 7(6);

(d) paragraph 8(1)(b);

(e) paragraph 8(1)(c);

(f) paragraph 8(1)(d);

(g) paragraph 8(1)(e);

(h) paragraph 8(1)(f);

(i) paragraph 8(1)(g);

(j) paragraph 8(1)(h);

(k) paragraph 8(1)(i); and

(l) paragraph 8(2)(b).

(2) The minister may order a licensee to pay an administrative penalty referred to in subsection (1) for each day or part of a day the contravention occurs or continues to occur.

(3) In determining the amount of the administrative penalty under subsection (1), the minister shall consider

(a) the severity of the contravention;

(b) the degree of willfulness or negligence in the contravention;

(d) whether steps were taken to prevent the reoccurrence after the contravention;

(e) whether the person has a history of non-compliance; and

(f) any other factors the minister considers relevant.

(4) An administrative penalty imposed under these regulations shall be payable within 60 days from the date of service of the notice under section 11.

Notice of administrative penalty

11. (1) Where the minister orders a person to pay an administrative penalty under these regulations, the minister shall give written notice to that person.

(2) Notice under subsection (1) shall include

(a) the name of the person required to pay the administrative penalty;

(b) the basis on which the administrative penalty was ordered; and

(3) Notice under these regulations shall be given

(a) to a person other than a corporation, by

(i) personal delivery,

(ii) registered mail or other mail delivery which produces a receipt or other proof of delivery, to the last known address of the person, or

(iii) facsimile telecommunications or other electronic communications; and

(b) to a corporation, by

(i) personal delivery to a director or chief executive officer of the corporation, or

(ii) registered mail or other mail delivery which produces a receipt or other proof of delivery, to the registered office of the corporation.

Repeal

12. The Aquaculture Regulations, Consolidated Newfoundland and Labrador Regulation 1139/96, are repealed.

Commencement

13. These regulations come into force on the date the Aquaculture Act, 2023 comes into force.