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Marine Harvest Canada to Appeal BC Supreme Court Ruling

Marine Harvest Canada to appeal ruling that does not recognize the private property rights of salmon farmers
March 10, 2009

Marine Harvest Canada to Appeal BC Supreme Court Ruling

Marine Harvest Canada today served notice of intention to appeal the February 9th, 2009, ruling of Mr. Justice Hinkson in BC Supreme Court over concerns that his findings did not recognize the private property rights of salmon farmers.

"Our concern is the failure of the Court to recognize that the salmon we raise and harvest are the property of Marine Harvest," says Clare Backman, Marine Harvest's Director of Environmental Relations. "The Court's characterization of these fish as a "fishery" is, in our view, incorrect."

"We have control over the entire lifecycle of our salmon. We raise the parents, hatch the eggs and then feed and care for them in captivity for about three years. We then harvest these fish directly from the pens they are raised in," says Backman. "This is clearly not a 'public fishery' as anglers, commercial fishermen or the public may understand it. Domesticated creatures, like farm-raised salmon, are private property, and are not part of the fishery as a public resource."

He says that clarity on this point is needed to avoid serious concerns by Marine Harvest about the future of its operations and investment in BC.

The appeal is expected to be heard by the BC Supreme Court during the summer of 2009.

Marine Harvest Canada is the largest salmon aquaculture company in British Columbia, employing 530 people and producing 40,000 tonnes of fresh, high quality Atlantic salmon each.