CP32-93-2012-3-eng.pdf

Cohen Commission of Inquiry into the Decline of Sockeye Salmon in the Fraser River • Volume 3
monitoring programs, including data that
relate to farmed or wild salmon.
Minimizing risks and uncertainty
As discussed in Volume 2, Chapter 5, Findings,
salmon farming is an activity that poses some
risk to Fraser River sockeye, though the extent
of that risk is far from certain. The precautionary
principle addresses situations involving risk and
scientific uncertainty. As discussed in Volume 1,
chapters 3, Legal framework, and 4, DFO overview,
the precautionary principle – expressed in international
agreements to which Canada is a party
(such as the Convention on Biological Diversity),
domestic legislation (such as the Oceans Act or the
Species at Risk Act), and various DFO policies –
guides my consideration of the management and
conservation of Fraser River sockeye. The essence
of the precautionary principle is that, where a risk
of serious or irreversible harm exists, a lack of
scientific certainty should not be used as a reason
for postponing or failing to take reasonable and
cost-effective conservation and management
measures to address that risk. The precautionary
principle does not mandate specific conservation
and management actions to be taken once the
principle is engaged. Canada’s approach to the
application of precaution is “flexible and responsive”
to various situations. 49 One witness referred
to the precautionary principle as an “elegant
connection between risk-based management and
adaptive management.” 50
Over the course of 128 days of hearings,
10 public forums, and numerous submissions
from the public and formal participants in the
Inquiry, I have formed the view that Fraser
River sockeye are extremely important to British
Columbians. They generally expect a high level
of protection for this iconic species. However,
this expectation does not mean that British
Columbians accept no risk to this species.
Virtually all development along the Fraser River
sockeye migratory route (e.g., logging, agriculture,
urban development, pulp mills) poses some
risk to Fraser River sockeye. British Columbians
may well accept some risk of serious harm in
return for benefits such as the employment arising
from salmon farms. However, based on the
evidence and submissions I heard, I am satisfied
that British Columbians will not tolerate more
than a minimal risk of serious harm to Fraser
River sockeye from salmon farming.
In using the precautionary principle to guide
my consideration of the appropriate response
to the risks that salmon farms pose to the future
sustainability of Fraser River sockeye, I have asked
myself four questions:
• What is the likelihood of harm occurring
• Is the potential harm serious or irreversible
• Do current management measures ensure
that the risk of serious or irreversible harm
is minimal
• Could further reasonable and cost-effective
measures be employed to reduce the risk and/
or the scientific uncertainty
I discuss each of these questions in the sections
below, and then make recommendations for
minimizing the risk and uncertainty around salmon
farms and their effects on Fraser River sockeye.
What is the likelihood of harm occurring
In Volume 2, Chapter 4, Decline-related evidence,
I set out the evidence relating to whether salmon
farms have contributed to the decline of Fraser
River sockeye and whether they pose future risks
to Fraser River sockeye. The evidence suggests
that waste and chemical discharges from salmon
farms are unlikely to have any effects on Fraser
River sockeye at the population level. I reached the
same conclusion about Atlantic salmon escapes
from fish farms. However, researchers testifying
before me did not agree on whether diseases and
pathogens from fish farms may have contributed
to the decline or may pose risks of significant harm
to Fraser River sockeye. I accept the evidence that
the state of scientific research about sockeye–fish
farm interactions is not sufficiently developed to
rule out diseases on salmon farms as contributing
to the decline of Fraser River sockeye and posing
future risks.
Of all the expert witnesses I heard from on the
topics of salmon farms or diseases, no one told me
there is no likelihood of harm occurring to Fraser
River sockeye from diseases and pathogens on fish
farms. Some said the risk could never be zero, and
20