Short title

        1. These regulations may be cited as the Aquaculture Regulations, 2025.

70/25 s1

Back to Top

Definitions

        2. In these regulations

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

             (b)  "cleaner fish" means cultured aquatic organisms that remove parasites from cultured aquatic organisms to their mutual benefit;           

             (c)  "Code of Containment" means the Code of Containment for the Culture of Salmonids in Newfoundland and Labrador published by the department, as amended from time to time;

             (d)  "commercial licence" means a licence issued under paragraph 5(a);                 

             (e)  "controlled aquaculture area" means an area designated by the chief aquaculture veterinarian in which measures considered necessary are conducted to prevent the spread of pathogen, parasite, disease or for the purposes of aquatic animal health and welfare;   

             (f)  "non-commercial licence" means a licence issued under paragraph 5(b);

             (g)  "ploidy" means the number of sets of chromosomes in the cells of an organism; and

             (h)  "year class" means the calendar year

                      (i)  that a cultured aquatic organism enters the sea where the cultured aquatic organism is at a marine facility,

                     (ii)  of the hatch of a cultured aquatic organism where the cultured aquatic organism is not at a marine facility; or

                    (iii)  that a cultured aquatic organism begins life where subparagraphs (i) or (ii) do not apply.

70/25 s2

Back to Top

Documents and information to be retained

        3. The registrar shall maintain a copy of

             (a)  each licence issued; and

             (b)  the information referred to in section 4.

70/25 s3

Back to Top

Collection and disclosure of information

        4. The registrar may collect the following information and disclose it to the department:

             (a)  information necessary for establishing or maintaining the registry;

             (b)  information necessary for the enforcement of the Act, the regulations, the orders, or for purposes relating to an appeal under the Act;

             (c)  information contained in applications received;

             (d)  information included in licences issued; and

             (e)  information concerning orders and approvals issued.

70/25 s4

PART I
AQUACULTURE LICENCES

Back to Top

Classifications of licences

        5. The minister may issue the following classifications of licences:

             (a)  commercial licence which allows the licensee to harvest and grow aquaculture product at a facility; and

             (b)  non-commercial licence which allows a licensee to

                      (i)  grow aquaculture product at a facility for research, training, food security or other non-commercial purposes approved by the minister, and

                     (ii)  harvest aquaculture product with the prior approval of the minister.

70/25 s5

Back to Top

Contents of licence

        6. A licence shall include the following information:

             (a)  the name of the licensee;

             (b)  the coordinates of the facility at which aquaculture may be conducted under the licence;

             (c)  the species, strain and ploidy of cultured aquatic organisms that may be cultivated under the licence;

             (d)  the expiry date of the licence;

             (e)  the methods of cultivation authorized under the licence; and

             (f)  any terms and conditions imposed on the licence by the minister.

70/25 s6

Back to Top

Identification of facilities covered by water

        7. (1) For the purpose of identification of facilities which are covered by water, the licensee shall

             (a)  ensure each facility is marked during the term of the licence in accordance with the conditions of the licence;

             (b)  mark each corner buoy in an indelible manner with the name and licence number of the facility; and   

             (c)  place the mooring lines of the facility markings so that they normally extend up vertically to conform to the boundaries of the facility.

             (2)  The minister may vary the requirements set out in subsection (1) where the minister determines it necessary.

70/25 s7

Back to Top

Annual reporting

        8. (1) A commercial licensee shall submit the following information and documentation for each facility to the minister no later than February 14 of each year:

             (a)  aquaculture production statistics;

             (b)  employment statistics;

             (c)  a production plan update;

             (d)  a net cleaning and disinfection report;

             (e)  a net storage report;            

             (f)  an incident management system plan;

             (g)  an environmental and waste management plan;         

             (h)  a site restoration plan; and

              (i )  any other reports determined necessary by the minister.

             (2)  A commercial licensee shall submit the following information and documentation for each facility to the chief aquaculture veterinarian no later than January 14 of each year:

             (a)  an aquatic animal health management plan; and      

             (b)  an aquatic animal health report;

             (3)  A non-commercial licensee shall submit a project update that outlines the activity at the facility for the previous year to the minister annually.

70/25 s8

PART II
AQUACULTURE MANAGEMENT AREAS

Back to Top

Aquaculture management areas

        9. (1) Licensees operating in an aquaculture management area shall     

             (a)  leave facilities fallow after each production cycle or after all cultured aquatic organisms are removed from the facility for any purpose and keep the facility fallow for the minimum time period determined by the minister or the chief aquaculture veterinarian;  

             (b)  adhere to the minimum distances between facilities as determined by the minister or the chief aquaculture veterinarian;

             (c)  only introduce cultured aquatic organisms to a facility that meet the size requirements determined by the minister or the chief aquaculture veterinarian;

             (d)  stock no more than one species of cultured aquatic organisms at a facility;

             (e)  stock no more than one year class of cultured aquatic organisms at a facility;

             (f)  ensure that any movement of aquaculture gear and vehicles between aquaculture management areas comply with the conditions determined by the minister or the chief aquaculture veterinarian; and

             (g)  ensure that the use of wharves within an aquaculture management area comply with the conditions determined by the minister or the chief aquaculture veterinarian.

             (2)  Notwithstanding paragraphs (1)(d) and (e), a licensee may stock more than one species of cultured aquatic organisms at a facility or stock more than one year class of cultured aquatic organisms at a facility where

             (a)  there are only 2 species of cultured aquatic organisms and one species is cleaner fish; or

             (b)  the licensee has obtained the prior written approval of the minister.

70/25 s9

PART III
CONTAINMENT

Back to Top

Containment

      10. (1) For the purposes of section 30 of the Act, the following provisions of the Code of Containment are adopted:

             (a)  section 4.1;

             (b)  section 4.2;

             (c)  section 4.3;

             (d)  section 4.4; and

             (e)  section 5 in relation to the provincial requirements under that section.

             (2)  Alicensee shall

             (a)  ensure that aquaculture gear is designed, installed and used in accordance with section 4.1 of the Code of Containment;

             (b)  handle cultured aquatic organisms in accordance with section 4.2 of the Code of Containment; and

             (c)  monitor and inspect aquaculture gear in accordance with section 4.4 of the Code of Containment.

70/25 s10

Back to Top

Reporting of escape event

      11. (1) A licensee shall immediately

             (a)  notify any person required to be notified under the Code of Containment of an escape event at a facility; and

             (b)  provide animal health records to the chief aquaculture veterinarian, including

                      (i )  chemotherapeutants used in the population of cultured aquatic organisms in the preceding 6 months,

                     (ii)  emergency chemotherapeutants used in the population of cultured aquatic organisms, and

                    (iii)  diagnostic test results, where applicable.

             (2)  Within 72 hours of an escape event at a facility, the licensee shall provide a written report regarding the escape event to the department.

             (3)  The written report referred to in subsection (2) shall contain the following information:

             (a)  the date and time of the escape event;

             (b)  the location of the escape event;

             (c)  the cause of escape event;

             (d)  the number of containers subject to loss;

             (e)  the species, strain and ploidy of cultured aquatic organisms escaped;

             (f)  the estimated number of cultured aquatic organisms that escaped;

             (g)  the average size of cultured aquatic organisms that escaped; and

             (h)  the amount of time from escape event to deployment of recapture gear.

70/25 s11

PART IV
AQUATIC ANIMAL HEALTH  

Back to Top

Additional powers and duties of chief aquaculture veterinarian

      12. In addition to powers and duties of the chief aquaculture veterinarian prescribed in the Act and these regulations, the chief aquaculture veterinarian may

             (a)  establish requirements for integrated pest management plans, biosecurity plans, aquatic animal health plans, fish disposal plans, contingency plans and any other plans required by the chief aquaculture veterinarian;

             (b)  approve aquatic animal health plans and the plans referred to in paragraph (a);

             (c)  establish requirements relating to the handling of aquaculture products that may have disease or contaminant present;

             (d)  establish requirements relating to the use of quarantine facilities;

             (e)  designate wharves for the movement of cultured aquatic organisms, aquaculture gear, mortalities, mortality by-products, feed, personnel, aquaculture products and vehicles;

             (f)  direct a licensee to comply with the National Farm Animal Care Council Code of Practice for the Care and Handling of Farmed Salmonids published by the National Farm Animal Care Council, as amended from time to time;                 

             (g)  direct a licensee to inform a veterinarian designated by the licensee in accordance with section 13 of the Act of any incident event, abnormal mortality event or reportable disease;

             (h)  establish requirements relating to life support and aeration at aquaculture facilities;

              (i )  designate an area as a controlled aquaculture area; and

              (j)  issue orders and implement measures related to a controlled aquaculture area.

70/25 s12

Back to Top

Aquatic animal health surveillance

      13. For the purposes of aquatic animal health surveillance, a licensee shall

             (a)  comply with species-specific surveillance plans established by the chief aquaculture veterinarian;

             (b)  comply with species-specific integrated pest management plans established by the chief aquaculture veterinarian;

             (c)  provide tissue samples and diagnostic test results as directed by the chief aquaculture veterinarian;

             (d)  comply with species-specific guidelines established by the chief aquaculture veterinarian for the protection of the welfare of cultured aquatic organisms; and

             (e)  comply with requirements established by the chief aquaculture veterinarian relating to the cleaning and disinfecting of aquaculture gear or a vehicle that enters the province from another province or country.

70/25 s13

Back to Top

Biosecurity requirements

      14. (1) Before aquaculture gear or a vehicle enters the province from another province or country, a licensee shall

             (a)  provide the following information to the chief aquaculture veterinarian:

                      (i )  the navigation route for the transportation of the aquaculture gear or vehicle,

                     (ii)  a name and phone number for a person who can be reached 24 hours a day in relation to the transportation of the aquaculture gear or vehicle,

                    (iii)  the location where the aquaculture gear or vehicle will arrive, and

                    (iv)  any other information requested by the chief aquaculture veterinarian; and

             (b)  complete a biosecurity form as required by the chief aquaculture veterinarian.

             (2)  The information referred to in subsection (1) shall be provided to the chief aquaculture veterinarian in the time period set by the chief aquaculture veterinarian.

             (3)  Where a licensee moves aquaculture gear or a vehicle within the province, the licensee shall comply with the biosecurity plan included in the Aquatic Animal Health Plan.

70/25 s14

Back to Top

Provincially reportable disease reporting

      15. (1) Where a licensee suspects or detects a provincially reportable disease at the facility, the licensee shall immediately notify the chief aquaculture veterinarian in the form and manner determined by the chief aquaculture veterinarian.          

             (2)  Within 24 hours of notifying the chief aquaculture veterinarian in accordance with subsection (1), the licensee shall provide a written report to the chief aquaculture veterinarian containing the following information:

             (a)  the licensee's name and contact information;

             (b)  the licence number of the facility;

             (c)  the location of the facility;

             (d)  the species, strain and ploidy of cultured aquatic organisms stocked at the facility;

             (e)  the age and year class of the cultured aquatic organisms at the facility and the age and year class of the species of cultured aquatic organisms in which the reportable disease was detected;

             (f)  average weight of the cultured aquatic organisms at the facility and the average weight of the cultured aquatic organisms in which the reportable disease was detected;

             (g)  total number of cultured aquatic organisms at the facility;

             (h)  total number of containers at the facility;

              (i )  the number of cultured aquatic organisms in each container;

              (j)  any recent movement of cultured aquatic organisms, equipment or personnel from the facility;

             (k)  the disease detected or presumptive diagnosis;

              (l)  the mortality numbers of the cultured aquatic organisms at the facility for the previous 2-week period;

           (m)  diagnostic testing results, where applicable;

             (n)  chemotherapeutants used in the population of cultured aquatic organisms in the previous 6 months;

             (o)  emergency chemotherapuetant used in the population of cultured aquatic organisms; and

             (p)  any other information determined necessary by the chief aquaculture veterinarian.

70/25 s15

Back to Top

Federally reportable disease reporting

      16. Where a licensee suspects or detects a federally reportable disease at a facility, the licensee shall

             (a)  immediately notify the chief aquaculture veterinarian in the form and manner determined by the chief aquaculture veterinarian; and

             (b)  provide the information prescribed in subsection 15(2) to the chief aquaculture veterinarian.

70/25 s16

Back to Top

Abnormal mortality event

      17. (1) Where an abnormal mortality event occurs at a facility or container, the licensee shall

             (a)  report the abnormal mortality event at the facility or container to the chief aquaculture veterinarian and the department within 24 hours of the abnormal mortality event occurring;

             (b)  submit standard operating procedures for abnormal mortality removal to the chief aquaculture veterinarian for review and approval; and

             (c)  provide a written update regarding the abnormal mortality event to the chief aquaculture veterinarian and the department 10 days following the occurrence of the abnormal mortality and every 10 days thereafter for the period determined by the chief aquaculture veterinarian.

             (2)  A report referred to in paragraph (1)(a) shall include the following information:

             (a)  the name and licence number of the facility;

             (b)  the total number of containers at the facility; and

             (c)  the total number of cultured aquatic organisms in each container.

70/25 s17

PART V
PUBLIC REPORTING

Back to Top

Escape event

      18. Where an escape event occurs at a facility or from a container, the licensee shall report the following information to the public within 24 hours of the escape event:

             (a)  the facility or container from which the escape event occurred, including the name and licence number of the facility;

             (b)  the cause of the escape event, if known;

             (c)  the estimated number of cultured aquatic organisms that escaped;

             (d)  the species, strain and ploidy of the cultured aquatic organisms that escaped;

             (e)  any immediate action taken;

             (f)  the recapture plan for the cultured aquatic organisms; and

             (g)  any other information the department requires the licensee to report to the public.

70/25 s18

Back to Top

Federally reportable diseases

      19. Where a federally reportable disease has been confirmed at a facility, the licensee shall report the following information to the public within 24 hours of the confirmation of the federally reportable disease:

             (a)  the name and license number of the facility at which the reportable disease has been confirmed;

             (b)  the confirmed reportable disease;

             (c)  the species, strain and ploidy of cultured aquatic organisms stocked at the facility;

             (d)  the total number of cultured aquatic organisms at the facility;

             (e)  any orders issued; and

             (f)  any information required by the chief aquaculture veterinarian related to the confirmed reportable disease.

70/25 s19

Back to Top

Quarantine orders

      20. Where a quarantine order is issued by the chief aquaculture veterinarian to a licensee because of the confirmation of a reportable disease at a facility, the licensee shall report the following information to the public within 24 hours of the issuance of the order:

             (a)  the name and licence number of the facility to which the order applies;

             (b)  the confirmed reportable disease;

             (c)  the species, strain and ploidy of cultured aquatic organisms stocked at the facility;

             (d)  the total number of cultured aquatic organisms in the facility;

             (e)  information relating to any other mitigation strategies used in conjunction with the quarantine order; and

             (f)  any other information required by the chief aquaculture veterinarian related to the reportable disease.

70/25 s20

Back to Top

Depopulation orders

      21. Where a depopulation order is issued by the chief aquaculture veterinarian to a licensee, the licensee shall report the following information to the public within 24 hours of the issuance of the order:

             (a)  the name and licence number of the facility to which the order applies;           

             (b)  the reason for the depopulation order;

             (c)  the total number of cultured aquatic organisms at the facility;

             (d)  information related to any other mitigation strategies used in conjunction with the depopulation order; and

             (e)  any other information required by the chief aquaculture veterinarian related to the order.

70/25 s21

Back to Top

Incident event

      22. Where an incident event occurs at a facility, the licensee shall report the following information to the public within 24 hours of the incident event:

             (a)  the date and time of the incident event;

             (b)  the name and licence number of the facility;

             (c)  the location of the facility or container impacted;

             (d)  the species, strain and ploidy of cultured aquatic organisms stocked at the facility;

             (e)  the estimated number of cultured aquatic organisms at the facility;

             (f)  a description of the incident event;

             (g)  a description of the facility operations and relevant environmental conditions at the time of the incident event;

             (h)  the immediate response actions taken including implemented emergency measures;

              (i)  the planned response action to be taken; and

              (j)  any other information the department requires the licensee to report to the public.

70/25 s22

Back to Top

Response plan

      23. A licensee shall publicly report a response plan in relation to an incident event at the facility within 24 hours of departmental approval of the response plan.

70/25 s23

Back to Top

Sea lice numbers

      24. A licensee shall, in the form and manner set by the chief aquaculture veterinarian, report sea lice numbers to the public on a monthly basis except where the determination of the numbers would lead to a negative impact on cultured aquatic organism welfare or human safety.

70/25 s24

Back to Top

Method of public reporting

      25. (1) Before reporting the information required to be reported under this Part, a licensee shall submit the information to the department for review and approval.

             (2)  Once the information is approved under subsection (1), the licensee shall, within the time prescribed in this Part,

             (a)  publish the information on the licensee's website;  

             (b)  provide the information to the industry association for publication on its website; or

             (c)  publish the information in another manner approved by the department.

70/25 s25

PART VI
COMMENCEMENT

Back to Top

Commencement

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

70/25 s26

©King's Printer