VANCOUVER—A scientist who has been fighting the Canadian government for seven years to protect B.C.’s wild salmon says Ottawa is “not making an honest attempt” to follow a February court ruling that struck down the government’s virus-testing policy in fish farms.

In a letter addressed to Alex Morton, Fisheries and Oceans Canada (also known as the Department of Fisheries and Oceans) said it would not test hatchery salmon for a strain of piscine reovirus (PRV) that is endemic to B.C. The letter, dated Oct. 3, also says DFO will continue to permit the transfer of juvenile farmed salmon that test positive for this strain of PRV to open-net pens, where everything from fish waste to fish viruses can flow freely between the pens and the ocean.

Two studies have linked the strain of PRV found in B.C. waters with disease in salmon. Another study by government scientists found the B.C. strain of PRV did not result in major signs of fish disease, only mild inflammation.

“It is against the law to put a fish with a disease agent into the ocean,” said Alex Morton, who has taken the federal government to court two times – and won both – over DFO’s refusal to test for piscine reovirus at fish farms.

“That’s why I keep winning in the law,” she told Star Vancouver Monday.

In an emailed statement, a DFO spokesperson said “we believe this is the right decision based on the current information. The Department uses an adaptive management approach to aquaculture management, which allows for adjustments as new results or information becomes available.”

Morton said she is considering suing the government for a third time.

The federal government has spent $2.26 million fighting Morton and the ‘Namgis in court over the PRV policy, according to documents released to Star Vancouver under the Access to Information law in May.

Canada’s fishery regulations state the federal government can only allow farms to transfer fish into the ocean if they are free from any “disease or disease agent” that could be harmful to wild fish.

The 199-page February court decision did not order the DFO to test for PRV nor did it specify which strain of the virus the department had to test – the ruling only mandated DFO to reconsider its policy in light of the virus’ risk to wild salmon.

The ruling also stated the federal government failed to properly consult the ‘Namgis First Nation.

But Morton said she doesn’t believe the government is following the spirit of the ruling.

“They are not making an honest attempt to resolve this,” she said. “I’m devastated.”

Ecojustice Lawyer Kegan Pepper-Smith said federal court Justice Cecily Strickland directed the government to follow the precautionary principle when it came to its fish farm policies. The precautionary principle states that when there is uncertainty, policy-makers should err on the side of caution in order to protect the environment.

So while the government is now requiring testing for some strains of PRV in B.C. fish farms, Pepper-Smith said the fact that DFO will still allow the transfer of fish infected with the B.C. version of PRV to open-net pens means it is not following the precautionary approach.

Ecojustice has represented Morton in court for the past seven years.

The government’s new policy “fails to take any significant action that differs from what the court found was unlawful in the first place,” said Pepper-Smith.

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Pepper-Smith said Ecojustice is asking the government for more documentation about the policy – so far the government has only provided Morton with a three-page letter.

DFO had already announced back in June that it would start testing for Icelandic and Norwegian strains of PRV as well as heart disease and jaundice – diseases that have been linked to PRV. But the announcement made no mention of the B.C. strain of PRV.

That’s why the most recent policy decision about allowing fish that test positive for the B.C. strain to be transferred into open net pens came as a shock, said Morton.

Meanwhile, the ’Namgis First Nation has found another way to protect wild salmon in its territory, in the Broughton Archipelago, from fish farms. In December, the B.C. government — which has authority over where fish farms anchor to the sea floor — announced an agreement with First Nations that will see most farms leave the Broughton Archipelago by 2022.

By 2023, any remaining farms will require First Nations consent.

The agreement also gives Broughton-area First Nations, including the ’Namgis, the authority to test for PRV before farms transfer salmon into ocean pens.

But the agreement leaves out dozens of fish farms outside the archipelago and the highly contagious virus could easily spread into the Broughton area, said ’Namgis Chief Don Svanvik.

“Disease knows no boundaries,” he said.

Svanvik called the DFO’s most recent decision to not test for all strains of PRV “very concerning.”

For years, the ’Namgis First Nation has been calling on the federal government to force fish farm companies to move their ocean-based farms onto land, which would prevent the transfer of fish disease from farmed salmon to wild salmon.

“We have one of the most wonderful resources in the world that renews itself as long as we stay out of the way,” said Svanvik, “but it seems [DFO] doesn’t want to get out of the way.”

With files from Ainslie Cruickshank

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