Three senior officials of Cooke Aquaculture, the largest producer of farmed salmon in eastern North America, and one of its subsidiary companies are being charged with releasing a banned pesticide used to treat salmon for sea lice into area waters, which ended up killing perhaps 1,000 or more lobsters. If convicted, they each face penalties amounting to $11 million and up to 30 years in jail. The incidents, which first occurred nearly two years ago, have been straining the sometimes uneasy relationship between fish farmers and fishermen in this area.
     On November 1, Environment Canada charged Kelly Cove Salmon, a division of Cooke Aquaculture, and Cooke Aquaculture CEO Glenn Cooke, Vice President Mike Szemerda and Randal Griffin, regional production manager of Kelly Cove Salmon, with violating a section of the Fisheries Act that prohibits the deposit of a substance that's harmful to fish into fish‑bearing water. They are alleged to have released a cypermethrin‑based pesticide into the waters of Maces Bay, Passamaquoddy Bay as well as the waters surrounding Deer Island and Grand Manan between November 2009 and November 2010. Cypermethrin is not authorized for use in marine environments in Canada and is harmful to crustaceans, including lobster and shrimp, according to Environment Canada.
     The charges stem from two investigations Environment Canada opened on December 22, 2009, and February 10, 2010, into the cause of dead and dying lobsters and the alleged use of cypermethrin in adjacent aquaculture sites near Grand Manan and Deer Island. According to the Department of Fisheries and Oceans, nearly 1,000 lobsters were killed in incidents in November and December 2009 around Deer Island, Seal Cove, Grand Manan and Pocologan. Samples collected at the sites were analyzed at Environment Canada's lab in Moncton, and the lab determined that the lobsters had been exposed to cypermethrin, says Robert Robichaud, enforcement operations director for the Atlantic Region for Environment Canada. "We were able to identify 11 total incidents" in which cypermethrin was used, he says.
     Robichaud says, now that the case is headed to court, Environment Canada cannot comment on the specific incidents, how the incidents were traced to Cooke Aquaculture or how senior management may have been involved. As part of the investigation, 29 enforcement officers from Environment Canada searched eight offices and facilities owned by Cooke Aquaculture in November 2010.
     The initial court appearance for the three senior officials is set for December 13 in provincial court in St. Stephen. The first offense for the charges they are facing is subject to a penalty up to $1 million, and each subsequent offense is subject to penalties up to $1 million and/or three years of imprisonment. Each of the individuals and the company are facing 11 counts for violating the Fisheries Act.
     Nell Halse, vice president of communications for Cooke Aquaculture, says that the company is not yet commenting on how the officials will plead, noting, "We still have to review the documents to fully understand the nature of the charges."
     In a letter to Cooke employees, CEO Glenn Cooke writes that the company has "cooperated fully since 2009 with an industry-wide investigation into allegations of unapproved sea lice treatments." He adds, "I can tell you that the substance they are talking about is something that is used regularly for agricultural purposes and on golf courses. Salmon farmers in many other countries are authorized to use it. We continue to encourage our governments to approve the treatment and management tools that our fish health and farming teams need to protect the health of our fish."
     "Anyone who has ever worked with us knows that we have an excellent reputation. We are committed to health, science and safety. We have demonstrated our commitment to sustainable operations," Cooke stated.      "We are all custodians of the marine environment, and we recognize the importance of the fishery."
     However, Maria Recchia, executive director of the Fundy North Fishermen's Association and a spokesperson for the Traditional Fisheries Coalition, says that while the fishing industry would like to work together with the fish farming industry, she notes that "we need a healthy ecosystem to have a fishery." The dumping "of toxic chemicals" into the bay as part of an industry's practices is not acceptable. She adds that the salmon farming industry is putting a great deal of effort into have more pesticides legalized for use against sea lice.
The Traditional Fisheries Coalition is very pleased that Environment Canada stayed with the investigation, eventually bringing charges, says Recchia. She points out that the use of pesticides in the marine environment has been a concern of fishermen for 20 years. "Finally we feel like we've been heard." Fishermen are concerned about the impact of pesticides on species such as lobsters and also on the ecosystem.
     Of the relationship between the traditional fisheries and fish farming, Halse says, "We have always believed the two sectors can and must coexist for the health of our communities. They have coexisted for the past 30 years, and it is good news for all involved that lobster landings continue to reach record levels. Many of our employees and their families have a history in the fishery and strong relationships with the fishing community. We believe in a strong east coast seafood sector and do not see the need for one sector to displace the other. In fact, that has not been the case."
     While Recchia says the two industries had been working more closely together in recent years, the lobster kills in 2009 were "a huge concern" to fishermen, and the relationship has become strained. "We'd like to see the industries working together, but it will take time. And we're going to take a strong stance on pesticides." While some studies have shown minimal or no effect on the marine environment from pesticide use, she says in-depth studies are needed to show possible longterm effects. "We believe in the precautionary approach to not use pesticides and to find non-chemical means to control sea lice."

Other investigations
     In addition to the two investigations that led to the charges against Cooke Aquaculture, Environment Canada opened two other investigations in September 2010, following the detection of cypermethrin at salmon farms owned by Northern Harvest Sea Farms and Ocean Legacy. Although the locations of the farms were not identified, Ocean Legacy has a site located near Back Bay, off the western side of Frye Island, and Northern Harvest has sites at Harbour de Loutre, Campobello; off the western side of Deer Island, just north of Davidson's Head; in upper Passamaquoddy Bay, just north of McCann Head, St. Andrews; just east of Frye Island in Bliss Harbour; and in Letang Harbour.
     Environment Canada ordered the two companies to ensure that all reasonable measures are taken to prevent the release of substances that are harmful to fish. Robichaud says there are no further developments in those two investigations.

Use in Maine
     Although cypermethrin's use in the marine environment is prohibited in Canada, the pesticide has been permitted under certain restrictions for use in treating for sea lice at salmon farms in Maine, under the U.S. Food and Drug Administration's Investigational New Animal Drug (INAD) program. However, salmon farms in Maine, all of which are owned by Cooke Aquaculture, have not used cypermethrin this year. With the drug usage, the FDA requires environmental monitoring of the water, sediments and any organisms in the environment. Survey results in Cobscook Bay following bath treatments, in which a tarp is pulled up inside the salmon cage, have shown that cypermethrin is at non-detectable levels in the waters or in any of the nearby environment where samples were collected, according to the Maine Department of Environmental Protection. Cypermethrin is also used at salmon farms in Europe and is sold for agricultural uses in the U.S., marketed under the trade name Ripcord.
     Although salmon farmers were particularly challenged by sea lice outbreaks in 2010, with thousands of fish having been lost, this year the outbreaks abated significantly. In New Brunswick this year, salmon farmers are using only hydrogen peroxide and Salmosan, with the treatments administered in well-boats, and Slice, which is an in-feed treatment. In Maine, only hydrogen peroxide and Slice are currently permitted for use.