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Federal court dismisses B.C. First Nation's bid to block fish farm restocking

VANCOUVER - A B.C. First Nation has lost its court bid to prevent the restocking of an open-net salmon farm in its traditional territories off northern Vancouver Island.

The 'Namgis First Nation had applied for a court injunction against Marine Harvest that would have blocked the company from transferring juvenile Atlantic salmon to its Swanson Island farm.

It also applied for an injunction against the fisheries minister as part of a broader application for a judicial review of federal policy that does not require fish to be tested for piscine reovirus or heart and muscular disease before being transferred to a farm.

Federal Court Justice Michael Manson says in his decision the company has operated for 28 years in compliance with Fisheries and Oceans Canada's requirements for transferring fish.

He also says Marine Harvest had no other place to move the smolts, given that the injunction application was filed so close to the late March or early April restocking date.

Manson says Marine Harvest has made "good faith" attempts at consultation with the First Nation.

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