Kelly Cove Salmon ordered to pay $500,000 for Federal Fisheries Act violations

ST. STEPHEN, N.B. - April 26, 2013 - On April 26th, Kelly Cove Salmon Ltd. pleaded guilty and was sentenced in St. Stephen Provincial Court for violations of the Fisheries Act. The violations related to the illegal use of a pesticide contributing to lobster kills in the nearby waters of southwestern New Brunswick.

The court ordered Kelly Cove Salmon Ltd. to pay a total of $500,000 one of the largest and most significant penalties ever levied in Canada under the Fisheries Act. $50,000 of the penalty will be directed to the Environmental Damages Fund, another $250,000 will be directed towards scholarships, another $100,000 will be directed in support of environmental studies and research projects, and the remaining $100,000 is the court fine.

Kelly Cove Salmon Ltd. pleaded guilty to releasing cypermethrin into fish-bearing waters in southwestern New Brunswick. Cypermethrin is an agricultural pesticide that is not permitted for use in marine environments because of its proven toxicity to crustaceans, including lobsters and shrimp. Kelly Cove used the pesticide to address a major sea lice infestation in their salmon farm, knowing that it was illegal to do so.

On November 19, 2009, Environment Canada was informed that lobster fishers in southwestern New Brunswick were finding dead and dying lobsters in their traps. Environmental Enforcement officers subsequently collected samples of the affected lobsters from Grand Manan and Deer Island, as well as fish, mussels and kelp in the areas where the lobsters were found. These samples were sent to Environment Canada’s lab in Moncton for forensic analysis. Results proved the dead lobsters collected in Grand Manan and Deer Island were exposed to cypermethrin.

An intensive two-year investigation was carried out by Environment Canada’s enforcement officers. Environment Canada’s Atlantic Laboratory for Environmental Testing conducted much of the research used in this case. 

The Environmental Damages Fund is administered by Environment Canada. It was created to provide a mechanism for directing funds received as a result of fines, court orders, and voluntary payments to priority projects that will benefit our natural environment.

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