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The Federal Court has quashed a Ministry of Fisheries and Oceans policy not to test baby-farmed salmon for a particular virus and a disease before they are released into open-water pens.

The 201-page ruling, released on Monday, pitted anti-fish farm advocate Alexandra Morton and the ‘Namgis First Nation against the Minister of Fisheries and Oceans, Marine Harvest and Cermaq Canada. Marine Harvest and Cermaq make up 82 per cent of B.C.’s salmon aquaculture industry.

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At the heart of the ruling was ministry policy that smolts did not have to be tested for Piscine Orthoreovirus (PRV) or Heart and Skeletal Muscle Inflammation (HSMI) in order for fish farmers to release them into open-water aquaculture pens. At any given time there are between 16 and 52 million farmed fish in B.C. waters.

The ministry had made six decisions between 2015 and 2018 to continue the non-testing policy. It was the ministry’s more recent decision that was challenged and has now been overridden by the court, which also ruled that Minister of Fisheries and Oceans Jonathan Wilkinson must reconsider the policy within four months.