N.S. oyster farm approved, regulator rejects opponents' environmental claims

Nova Scotia regulators have approved a new oyster farm in Antigonish Harbour, rejecting ecosystem concerns, dismissing evidence submitted by opponent experts and vindicating the conduct of the promoter.

Town Point Consulting intends to grow up to three million oysters a year from three sites spanning 36 hectares.

"It was a long journey and we're very happy with the outcome and now we can turn our attention to more productive tasks," said Town Point owner Ernie Porter.

He said the first oyster seed will go in the water this spring.

This was only the second application for a new marine aquaculture operation decided by the Aquaculture Review Board, an independent decision-making body. The first application — an oyster farm in Yarmouth County — was approved in 2020.

'We are obviously disappointed'

The Town Point proposal had its share of local opponents who claimed it posed an environmental threat to the watershed, would lower property values and interfere with commercial and recreation uses in the harbour.

"We are obviously disappointed with the ARB decision. It appears as though the ARB ignored and/or discounted a host of critical facts and revelations from the hearing," said Peter Bowler and Mike MacDonald on behalf of those opposed to the oyster farm.

"It seems that the ARB's desire to approve new aquaculture sites has overwhelmed concerns for endangered piping plovers, eelgrass and the health and safety of commercial fisherman," they said.

Bowler filed an application to intervene on behalf of a Friends of Antigonish Harbour, a group of citizens opposed to the oyster farm.

The review board decision notes Bowler and his wife are from Texas and are seasonal residents of Town Point. Their property borders that of Ernie Porter.

Environmental fears don't hold water: regulator

In its decision released Friday, the review board ruled key opponent claims don't hold water.

"We are satisfied that it can be done without damage to the ecosystem, including eelgrass and piping plovers," the three-member panel wrote. "It will be sited, with minor amendments, in such a way to respond to the concerns of those who navigate the harbour for commercial and recreational uses."

The project was assessed on criteria the board must consider — the impact on local fisheries and other water users in the area, the environment, navigation, wild salmon sustainability, community and provincial economic development, its effect on nearby aquaculture operations, and optimum use of marine resources.

Opponents' science rejected

The board said evidence from retired Fisheries and Oceans scientist Peter Cranford on behalf of opponents was "fundamentally flawed" because it was based on inadequate monitoring.

Cranford said tidal flushing was too weak to remove organic matter from the site and risked oxygen depletion in the water.

"In relying on so little data and drawing such extreme conclusions we consider basic scientific principles to have been ignored rather than relied upon,' the board wrote.

It sided with Town Point consultant Jon Grant, who said the harbour has the "carrying capacity" to accommodate the proposed oyster farm without causing ecological changes.

The approval requires development of a farm management plan that includes measures to protect piping plovers in the area and eelgrass monitoring.

Town Point has also been told it cannot intrude on wild oyster harvesting areas in the harbour and must minimize any interference with a rarely used navigation route from the harbour.

"These are reasonable conditions and we expected something of that sort," Porter said.

'Integrity and transparency' of promoter

The ruling also delivered a verdict on Porter's conduct in the face of attacks by opponents who claimed he could not be trusted to deliver on promises because he proceeded with a portion of the project without municipal approval.

But this and other instances were deemed unimportant or were mischaracterized by opponents, the board found.

"We are entirely satisfied with the integrity and transparency of Ernie Porter,'' the board said.

"Much of what he did was faced with strong headwinds from a highly organized group, who sought to challenge his every step."

'We do feel vindicated'

"We do feel vindicated," Porter said. "We live now in a society, sadly, where people feel entitled to take potshots at folks when they want to do something. We're pleased that the ARB saw through that stuff."

The approval was welcomed by the industry, which has been frustrated by the slow pace of approvals in Nova Scotia, especially for new shellfish sites.

"The Aquaculture Association of Nova Scotia is pleased to hear of the positive decision by the Nova Scotia Aquaculture Review Board on Town Point Oysters' applications for three new marine leases in Antigonish Harbour," spokesperson Kate Collins said in a statement.