Week of fish farm hearings wraps up as fishermen, Region of Queens experts testify

The Nova Scotia Aquaculture Review Board finished in-person hearings Friday into Kelly Cove Salmon’s application to expand its operation in Queens County. (Rick Conrad)

There could be a decision on a proposed fish farm expansion in Liverpool Bay by the end of the year.

The Nova Scotia Aquaculture Review Board wrapped up a week of hearings Friday afternoon in Bridgewater into Kelly Cove Salmon’s application to add to its Atlantic salmon operation near Coffin Island, off Beach Meadows Beach.

Kelly Cove, which is owned by Cooke Aquaculture, originally wanted to expand the Coffin Island site and add two new farms in Brooklyn and Mersey Point. But it decided to pursue only the expansion for now.

That will add another six pens for a 20-cage farm, with up to 660,000 fish.

Lawyers for four intervenors were at the hearings this week: Protect Liverpool Bay, the Region of Queens, 22 Lobster Fishermen of Liverpool Bay, and Kwilmu’kw Maw-Klusuaqn, which includes the Wasoqopa’q First Nation.

Experts from the Region of Queens and the lobster fishermen were cross-examined on Friday morning, with a panel of three fishermen testifying in the afternoon.

The intervenors have various concerns with the expansion. 

Community group Protect Liverpool Bay says it will harm an ecologically sensitive area and risk the lucrative lobster industry. 

The Kwilmu’kw Maw-Klusuaqn objection concerns the Department of Fisheries and Aquaculture not properly consulting local Mi’kmaq communities on areas affecting their treaty rights.

The Region of Queens is concerned about how the operation could affect fish habitats and local tourism.

And the lobster fishermen are worried about how an expanded fish farm would affect sensitive lobster fishing grounds and populations.

Peter Stewart, a retired lobster fisherman near Moose Harbour, and two other fishermen were cross-examined on Friday by Kelly Cove’s lawyer.

The fishermen were asked how much of the lobster grounds usually fished would be affected by the Coffin Island expansion. She also challenged Stewart on underwater video taken by one of the company’s experts that appeared to show lobster living unharmed under the current fish farm.

Stewart told QCCR after the hearing that Kelly Cove’s scientific studies aren’t telling the whole story about the lobster grounds and aquaculture’s impact on juvenile and baby lobsters.

“I have concerns about the whole process,” Stewart said. “I think they try to do science-based studies and they’ve missed a mark there where there’s a lot of science that’s lacking of what’s going on in these bays. … So the board’s not getting the full story as far as us speaking. Hopefully through the submissions that we’ve put in and the ones that we’re going to put in, they’ll understand exactly how we feel and our thoughts on the matter.”

Much of the evidence for the hearing was collected based on Kelly Cove’s much larger original application. The board didn’t allow the parties to amend their evidence to account for only the Coffin Island expansion.

The fishermen’s lawyer Jamie Simpson of Juniper Law said it’s challenging to argue the case given that restriction.

“I mean, we thought that the process should have been restarted, given the significant change in scope of the application. … But anyway, the board didn’t allow that, so we just have to work with that challenge.”

James Gunvaldsen Klaassen is with Ecojustice, which is representing Protect Liverpool Bay at the hearings. He said his clients were pleased they finally got a chance to air their concerns about Kelly Cove’s plans.

“It’s obviously a huge concern of our clients that, you know, the issues with aquaculture and the impacts on Liverpool Bay are well understood by the board, and we feel we did a good job in explaining things as best we could, given the structure of this hearing. and I have every confidence that the board will make a good decision.”

The last session of the hearings will be virtual on Oct. 31 as the intervenors will get a chance to cross-examine Kelly Cove’s experts conclusions on lobster habitat in the area. After all the groups file their final written submissions with the three-member panel, the board has 30 days to release its decision.

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Fish farm hearings open with questions of sustainability, community support

Lawyers listen to Stacy Bruce, clerk with the Nova Scotia Aquaculture Review Board, on Tuesday in Bridgewater as hearings began into Kelly Cove Salmon’s application to expand its operation in Queens County. (Rick Conrad)

Hearings opened Tuesday into a proposed bigger fish farm in Liverpool Bay, with community members and others getting a chance to say what they think of the idea.

A three-member panel of the Nova Scotia Aquaculture Review Board is hearing an application from Kelly Cove Salmon, which is owned by Cooke Aquaculture, to expand its operation near Coffin Island off Beach Meadows Beach.

Kelly Cove wants to add six more cages for a 20-pen farm, with an extra 260,000 Atlantic salmon. 

Lawyers are representing six groups at the tribunal, including Kelly Cove Salmon, the Nova Scotia Department of Fisheries and Aquaculture, community group Protect Liverpool Bay, the Region of Queens, 22 Lobster Fishermen of Liverpool Bay and the Wasoqopa’q First Nation.

Six members of the public were given time at the beginning of Tuesday’s hearing to make statements about Kelly Cove’s application.

Jeff Bishop, executive director of the Aquaculture Association of Nova Scotia, urged panel members to allow the expansion. He said ocean-based aquaculture takes up less than half of one per cent of the coastline, creating jobs and pumping millions into local economies.

He warned them not to listen to groups opposing the application.

“They will tell you they are grassroots, community groups that represent the voice of most Nova Scotians, while they talk about potential hazards and not evidence of any actual risks. In fact, by looking at the members of these networks and coalitions publicly available annual reports to Canada Revenue Agency, we know that they take in millions of dollars of unreceipted foreign revenue from outside of Canada every year, and hundreds of thousands of dollars or more annually from other charities. That hardly sounds like grassroots local support to me. … These groups do not speak for most Nova Scotians, but simply their echo chambers.”

Bishop did not name any organizations and provided few other details. Protect Liverpool Bay has been the most prominent to oppose Cooke’s operation off Coffin Island. It’s a volunteer-run organization that began in 2018 and relies on local donations. 

He added that the review board should not allow “the hollow cry of ‘not in my backyard’ to have its way” and to “support growth by approving Kelly Cove Salmon’s application”.

Bob Iuliucci of Bear Cove Resources in East Berlin, who worked as a researcher in applied ocean sciences and marine geology for 50 years, said he was worried about how climate change and the ever-strengthening tides in Liverpool Bay would affect the expanded farm, and the resulting damage it could do to the coastal environment.

“Expansion multiplies risk on every front — ecological, biological, economic loss to wild fisheries and tourism.”

Elizabeth Hartt of Bear Cove Resources said she was concerned that an expanded operation could risk development of other industries that could set up in the area, such as sustainable seaweed, oyster or mussel farms.

She said those types of aquaculture exist lower in the ocean and are not in fixed structures at the surface.

“You can sail over a lot of those things. They’re not fixed structures that in storms are going to be trashed and then thrown on shore. They’re not heavily loaded with fish that are going to land up on the shores of Liverpool.”

Instead of more fish farms, she said the province should be encouraging more exploration and ocean research in Liverpool Bay.

Liverpool resident Andrew Tyler said he and his family moved to the area two years ago because of the natural beauty and the beaches.

He said when they first moved to the area, he didn’t know what the cages were off Beach Meadows Beach. But he said in noticing the signs peppered around the community protesting open-pen fish farms, he realized most residents are against it.

“This is a hearing, and I hope you’re listening, that the Liverpool community, by and large, doesn’t want this expansion,” Tyler said.

“The jobs that fish farming bring are very few. The investment is very little, and it doesn’t add to the draw that bring people like me, who want to move their families to the area, who want to invest in the area, who want to put down roots in the area. So in my view, fish farming takes. 
It doesn’t give back.

“There’s a way to do it that doesn’t risk one of our greatest natural assets at Beach Meadows. This isn’t it.” 

Stewart Lamont, managing director of Tangier Lobster, said he’s concerned how an expanded operation would affect the area’s lobster fishermen and their contribution to Nova Scotia’s $1.5-billion lobster export industry.

He said that up to 1,000 metric tonnes of fecal and food waste is deposited every year on the ocean floor below fish farms operations in Nova Scotia. In an era of foreign markets sensitive to where their food comes from, Lamont said “if any jurisdiction in Europe saw a viral video of our Nova Scotia lobster grazing on bottom below or near an open net pen, our lobster sector would be finished overnight.”

He said climate change will also only add to the problems as waters warm and storms become more intense.

“The greatest piece missing in this business model is the lack of community support referred to already this morning,” he said. “Academics call it social license. What is taking place now is effectively the privatization of public waters, and that is by so many standards, clearly wrong and absolutely unwanted. 
… The more citizens learn about fish farms and open-net pen fish farming, the less they want any part of them.”

For the rest of the day, a nine-member witness panel from Kelly Cove answered questions from lawyers about the company’s extensive application to the board.

Lawyers cross-examined the panel on its consultations with the local Indigenous community, the company’s various studies of impacts on the ocean and surrounding environment and the effects on lobster populations. 

Michael Szemerda, Cooke’s global chief sustainability officer, admitted under cross-examination from Region of Queens lawyer Natasha Puka that the company has been operating outside its lease boundaries since it took over the farm.

He also confirmed that there have been only two “mortality events” at the Coffin Island site, with an unknown number of fish dying in 2018 from insufficient oxygen and 2019 from storm damage. In 2012, Cooke reported an infectious salmon anemia, which led to the destruction of two pens of fish, and a bacterial kidney disease among its salmon.

About 20 community members travelled to Bridgewater to take in the proceedings. 

Beach Meadows resident Tim Nickerson said that he wanted to make the trip, though he was upset the review board didn’t hold the hearings in Liverpool.

“I’m really disappointed with the idea that the hearing’s being held in Bridgewater,” he said in an interview. “We heard the chair say that they made a big effort to be in Liverpool, based on the dates, but I’m like change the dates. I just think that’s such a big issue, and should be really concerning about a public exercise not really being done in the area that has the greatest impact.”

He said he was also disappointed in comments made by Jeff Bishop from the aquaculture association.

“I just didn’t think his comments were very respectful. I think people can have contrary views. 
I don’t think we need rhetoric about foreign investment and that kind of just silliness. … I didn’t appreciate that.”

The three-member panel is made up of Roger Percy, Bruce Morrison and chaired by Damien Barry.

Proceedings continue Wednesday at 9 a.m. at the Days Inn in Bridgewater. It’s open to the public. People can also register to watch a livestream of the hearings.

Email: rickconradqccr@gmail.com

Hearings begin Tuesday in Cooke Aquaculture’s bid to expand Liverpool Bay fish farm

Signs from the group Protect Liverpool Bay. (Protect Liverpool Bay Facebook page)

Hearings into a fish farm expansion in Queens County get underway on Tuesday, with opponents saying they’re not confident that regulators will listen to their concerns.

Cooke Aquaculture subsidiary Kelly Cove Salmon has applied to Nova Scotia’s aquaculture review board to add six more cages to its operation near Coffin Island off Beach Meadows Beach. It had also applied to add two new farms near Brooklyn and Mersey Point. The review board is looking into only the application to expand the existing site.

Hearings begin at the Days Inn in Bridgewater on Tuesday at 9 a.m. and are set to run through to Friday.

RELATED: Read more of QCCR’s coverage of fish farms in Queens County

Protect Liverpool Bay has been fighting Cooke’s open-net pen fish farm near the beach since 2018. The group has protested the review board’s decision to hold the hearings outside Queens County.

Group spokesman Brian Muldoon told QCCR earlier this summer that he’s worried the hearing is just a formality.

“I believe they are not listening to the people or residents of Queens County. They’re moving forward with their agenda,” Muldoon said. 

“I have no confidence in the board listening to us.”

Still, Protect Liverpool Bay is encouraging its supporters to attend the hearings. It’s also offering to arrange ride shares for people who need transportation.

The group is one of the intervenors at the hearing. Environmental law charity Ecojustice is representing Protect Liverpool Bay on a pro bono basis. But the group says the fight will still likely cost about $25,000 in hiring expert witnesses, and other costs associated with the hearing. 

Other intervenors are a group of 22 lobster fishermen from Liverpool Bay and the Region of Queens Municipality. It’s unclear whether the Wasoqopa’q First Nation and the Brooklyn Marina are still involved.

Hearings had been originally scheduled for March 2024, but they were cancelled shortly after Premier Tim Houston told a business crowd in Liverpool last February that he personally opposed expanded fish farming in Liverpool Bay.

Chairwoman Jean McKenna and other members of the review board were also replaced.

The review board has consistently refused to answer questions from QCCR on any of its decisions or its makeup.

In the leadup to the originally scheduled hearings, more than 150 residents, businesses and community groups filed written submissions with the board. Most opposed the expansion and the new farms.

If Cooke is successful in its application to expand the Coffin Island site, it will have a total of 20 cages, holding up to 660,000 Atlantic salmon, covering an area of 40 hectares or 100 acres.

The hearings are open to the public. People can also watch a livestream of the sessions by registering on the review board’s website at arb.novascotia.ca.

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Liverpool Bay fish farm expansion back on the menu in October hearings

Debris from the fish farm near Coffin Island on Beach Meadows Beach in 2021. (Rick Conrad file photo)

Supporters and opponents of a fish farm expansion in Liverpool Bay will get a chance to make their case in front of Nova Scotia’s aquaculture regulator after all.

The province’s aquaculture review board will hear an application in October from Kelly Cove Salmon to expand its current operation at Coffin Island, just off Beach Meadows Beach in Queens County.

Kelly Cove Salmon is owned by seafood giant Cooke Aquaculture. It applied in 2019 to expand its salmon farming operation off Coffin Island near Liverpool, and to add two new farms off Brooklyn and Mersey Point. 

All three applications would have increased Cooke’s operation to 60 pens from 14 and include trout as well as salmon. It would have meant up to 1.8 million farmed salmon in Liverpool Bay, compared to about 400,000 now.

The board had scheduled hearings for those proposals for March 2024. But it indefinitely adjourned the matter that month with no explanation.

According to groups involved in the hearing, Cooke applied to the board this June for a hearing on only the Coffin Island expansion.

The review board held a conference call with Kelly Cove and some intervenors last week. Hearing dates were set for Oct. 7, 8, 9 and 10 in Liverpool. 

Originally, the board had set aside only two days. But after lawyers for community group Protect Liverpool Bay objected, the board added two more hearing dates. The group is represented by environmental law charity Ecojustice.

“So there was no consultation at all in picking the dates,” said Brian Muldoon, spokesman for the group which has been fighting fish farms in the area since 2018.

“So our lawyers wrote to the ARB and said this is not reasonable and the ARB added two more dates.”

A board spokesman would not confirm the dates or comment on any upcoming hearings. He said any new information on hearings in Liverpool would be posted online.

A few days after this story was posted, the review board updated its website with the hearing notice.

The Region of Queens was one of the intervenors in the original hearings. Mayor Scott Christian told QCCR this week that the municipality still opposes the expansion at Coffin Island.

“We’re staying the course,” he said. 

Beach Meadows Beach is the beach where we have municipal amenities. That’s where we have our infrastructure, and we want to make sure that that beach continues to be a really attractive and great place for locals and for visitors to use, and so that’s certainly one element of the opposition to the expansion at that site. ”

Muldoon said he’s worried about the hearings in October. 

I believe they are not listening to the people or residents of Queens County. They’re moving forward with their agenda. They are going to put these fish farms over the areas where our local lobster fishermen lay their spring traps. This is taking income and disrupting our lobster industry. Right there, they should say, OK, we’re dismissing this application based on the data that we received that this is where lobster fishermen have been fishing for decades. And they’re going to turn around and ignore this information? It’s absurd, totally absurd.

“I have no confidence in the board listening to us.”

In the leadup to the originally scheduled hearings, more than 150 residents, businesses and community groups filed written submissions with the board. Most opposed the expansion and the new farms.

Five groups were granted intervenor status at the hearings: Protect Liverpool Bay, the Region of Queens, the Brooklyn Marina, 22 Lobster Fishermen of Liverpool Bay, and Kwilmu’kw Maw-Klusuaqn, which is representing the Acadia First Nation. 

Jamie Simpson of Juniper Law in Halifax represents the lobster fishermen.

He said his clients are still concerned about how the expansion will affect their fishing grounds and how new pens will affect their ability to set and reach their traps.

“Ever since the original hearing was postponed without a date, I think everyone was hopeful that maybe the entire application would be withdrawn but that’s not the case so we’ll deal with the revised application.”

Joel Richardson, spokesman for Cooke Aquaculture, said he didn’t have time for an interview. But in an emailed statement, he wrote that the company “welcomes the opportunity to appear before the aquaculture review board to seek approval of our applications which have been in the provincial system for many years.

“At every step of the way, Kelly Cove has complied with the application process. At the aquaculture review board hearings our representatives will present how the company meets all the regulatory criteria.”

Nova Scotia Premier Tim Houston told a business luncheon in Liverpool in February 2024 that he personally opposed new fish farms in Liverpool Bay, though he said he supports the aquaculture industry. 

It was shortly after that that the board postponed and then indefinitely adjourned the hearings.

The Nova Scotia government appointed a new board chair, and some other new members, in February 2024. 

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‘Radio silence’ continues as review board mum on fish farm hearings

Debris from the fish farm near Coffin Island on Beach Meadows Beach in 2021. (Rick Conrad photo)

It’s been a little over a month since Nova Scotia’s aquaculture review board indefinitely adjourned hearings into a fish farm application in Liverpool Bay.

And there’s still no indication if the hearings will ever begin.

Jamie Simpson with Juniper Law represents one of the intervenors in the hearing, a group of lobster fishermen. He said Thursday he hasn’t heard a word.

“The parties haven’t been informed of any updates, any new dates, or any attempts to schedule anything,” Simpson said in an interview.

“It’s just kind of radio silence at the moment. And I guess we’re just kind of sitting tight waiting to see what might happen.”

Kelly Cove Salmon, owned by Cooke Aquaculture, applied in 2019 to expand its salmon farming operation off Coffin Island near Liverpool, and to add two new farms off Brooklyn and Mersey Point. If successful, that would increase Cooke’s operation to 60 pens from 14, and include trout as well as salmon. It could mean up to 1.8 million farmed salmon in the bay, compared to about 400,000 now.

More than 150 residents, businesses and community groups filed written submissions with the board. Five groups were granted intervenor status at the hearings: Protect Liverpool Bay, the Region of Queens, the Brooklyn Marina, 22 Lobster Fishermen of Liverpool Bay, and Kwilmu’kw Maw-Klusuaqn, which is representing the Acadia First Nation.

The hearings had been scheduled to begin in Liverpool on March 4. At a business luncheon in Liverpool on Feb. 7, Premier Tim Houston said he was personally opposed to the expansion, but that he respects the independence of the review board.

On Feb. 20, groups involved in the hearing got a “high priority” email from the board, telling them those hearings were cancelled. Lawyers were told that April hearing dates were still a go.

Then on March 6, the board posted a notice on its website that “all sessions of the hearing have been adjourned until further notice.”

The board did not give a reason. And it’s still just as tight-lipped today as it was then.

In an email on Thursday, board clerk Stacy Bruce repeated what he told QCCR in March, that there is no new information about the hearing. And he said when new information is available, it will be posted to the website.

Bruce also turned down a request from QCCR to interview board chairman Tim Cranston. He said board members are not available for public comment on their work.

The delays occurred when lawyers involved in the hearing were told in mid-February that then-chairwoman Jean McKenna was no longer on the board. 

They were surprised because McKenna had been involved in preparing for the hearings, even though her one-year term was set to expire anyway on Feb. 15. That is confirmed in a ministerial order signed by then-Fisheries and Aquaculture Minister Steve Craig on Feb. 17, 2023.

Part of the ministerial order from Feb. 17, 2023, reappointing Jean McKenna as chairwoman of the Nova Scotia Aquaculture Review Board for one year.

A spokesman for Cooke Aquaculture declined comment Thursday on the delays.

And Kent Smith, Nova Scotia’s fisheries and aquaculture minister, also would not comment Thursday. A spokeswoman said it wouldn’t be appropriate to comment while the matter is still before the board.

Lawyer Jamie Simpson said that regulatory boards generally try to address issues in a timely manner. 

“I would presume that the most affected is Cooke, Kelly Cove Salmon,” Simpson said. “They are the ones that brought the application forward and they are the ones that are interested in getting this moving. In terms of the lobster fishers of Liverpool Bay, they would rather not see the aquaculture site go in of course because of the potential impacts on lobster stocks and impact to fishing in that area.”

Simpson said that his clients will wait and see what happens with the hearings. He said it would be nice to have the issue resolved, but that it’s up to the board to make that happen.

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Waiting game continues as aquaculture review board silent on fish farm hearings

A map showing where Kelly Cove Salmon proposes two new fish farm sites (in yellow) and where it plans to expand its existing operation (in green). (Nova Scotia Aquaculture Review Board)

It’s anyone’s guess as to when or if the Nova Scotia Aquaculture Review Board will hold hearings into a proposal to expand fish farming in Liverpool Bay.

The board posted a notice on its website on March 6, saying that hearing dates scheduled for April 2 to 5 were cancelled. They gave no reason, and no new dates are on the horizon.

Kelly Cove Salmon, owned by Cooke Aquaculture, applied in 2019 to expand its salmon farming operation off Coffin Island near Liverpool, and to add two new farms off Brooklyn and Mersey Point. If successful, that would increase Cooke’s operation to 60 pens from 14, and include trout as well as salmon. It could mean up to 1.8 million farmed salmon in the bay, compared to about 400,000 now.

Groups involved in the hearing are as much in the dark as everybody else.

Jamie Simpson with Juniper Law represents one of the five intervenors, 22 Lobster Fishermen of Liverpool Bay.

He said Monday that he received an email from the board telling him the April dates were cancelled. They also made no attempt to set new dates, he said. Since then, he hasn’t heard a thing.

“I would have thought that we would have heard some sort of a followup plan for the path forward here, but it’s just been silent so far.

“I mean I don’t know what to think. I’ve never seen it before basically. … It’s been radio silence since we got that letter.”

The hearings have been on hold since chairwoman Jean McKenna left the board on Feb. 20. Her departure surprised groups involved in the hearing, although the Nova Scotia government said her term had simply expired. 

The board cancelled March hearing dates and said that the April hearings would still go ahead.

The Tory government appointed board member and former Tory candidate Tim Cranston to take McKenna’s place as chairman. Cranston has been a member of the ARB since 2023. He ran unsuccessfully for the Conservatives in the last provincial election.

Premier Tim Houston came out against the proposed expansion in early February, but said that he supports aquaculture and respects the independence of the review board.

More than 150 residents, businesses and community groups filed written submissions with the board. Five groups were granted intervenor status at the hearings: Protect Liverpool Bay, the Region of Queens, the Brooklyn Marina, 22 Lobster Fishermen of Liverpool Bay, and Kwilmu’kw Maw-Klusuaqn, which is representing the Acadia First Nation.

Representatives with the review board have not commented on the cancellations or when there might be new hearings scheduled. They have said that any new information will be posted on their website.

Jamie Simpson said Monday that all he and his clients can do is wait.

“I don’t know what the forces are that are moving this, but all we can do is sit back, it’s highly unusual,” he said. 

“It seems like anything’s possible at this point. I assume that Kelly Cove Salmon wants to go ahead with their application. I haven’t heard anything to the contrary in that regard. So assuming that Kelly Cove doesn’t pull out, we’ll be going ahead at some point. And that’s about all I can say.”

A spokesman for Cooke Aquaculture could not be reached on Monday.

Email: rickconradqccr@gmail.com

Review board cancels April hearings into fish farm expansion

Debris from the fish farm near Coffin Island on Beach Meadows Beach in 2021. (Rick Conrad photo)

April hearings into a proposed fish farm expansion in Liverpool Bay have been cancelled.

The Nova Scotia Aquaculture Review Board posted on its website last Wednesday that “all sessions of the hearing have been adjourned until further notice. Timeframes for submissions to the Board remain unchanged and are closed.”

It’s the latest surprising turn of events for the review board. In early February, Premier Tim Houston announced at a business luncheon in Liverpool that he personally opposes the expansion in Liverpool Bay. He added that he respects the independence of the review board.

Kelly Cove Salmon, which is owned by Cooke Aquaculture, applied in 2019 to expand its existing operation off Coffin Island. It also wants to add two new site off Brooklyn and Mersey Point.

On Feb. 20, groups involved in the hearing got a “high priority” email telling them the hearings scheduled for March 4 to 8 were cancelled. They were also told that board chairwoman Jean McKenna was no longer with the board.

Lawyers were told that other dates that had been scheduled for early April were still a go.

A new chairman was appointed. Tim Cranston was appointed to the board in February 2023. He also ran for the Tories in the last provincial election in Halifax.

Houston told reporters that McKenna’s term had expired and that there was nothing inappropriate about Cranston’s appointment.

And then last week, the board posted on its site that the April dates were now cancelled.

The board has been mum about all the recent changes and hearing cancellations, saying only that when new information is available, it will be posted on its website.

There is no indication when or if they will be rescheduled.

Email: rickconradqccr@gmail.com

Sydney lawyer appointed to Nova Scotia Aquaculture Review Board

Damien Barry was appointed to the Nova Scotia Aquaculture Review Board on Feb. 8. (Louisbourg Seafoods photo)

Nova Scotia’s minister of fisheries and aquaculture has appointed a new member to the Nova Scotia Aquaculture Review Board.

Damien Barry, a lawyer in Sydney and CAO and general counsel for Louisbourg Seafoods, was appointed Feb. 8, according to the government’s website listing members of agencies, boards and commissions.

Barry is originally from Ennis, Ireland. A former family and immigration lawyer with Sampson McPhee Lawyers in Sydney, he was hired by Louisbourg Seafoods in December 2018.

Louisbourg Seafoods is owned by Jim and Lori Kennedy, who started the business in 1984. It deals in snow crab, redfish, northern shrimp, lobster, sea cucumber and blue mussels.

Barry contributed $250 to Liberal candidate Marc Botte in the 2019 byelection in Sydney River-Mira-Louisbourg, according to an Elections Nova Scotia candidate disclosure statement.

In an interview with QCCR last week, Agriculture Minister Greg Morrow, who was acting fisheries and aquaculture minister while Kent Smith was out of the country, did not know if another member would be appointed to the board to replace Jean McKenna, who left the board in mid-February.

The review board’s website has not been updated with Barry as a member.

A screengrab of the list of Nova Scotia Aquaculture Review Board members on the Nova Scotia government website.

McKenna was one of the first three members appointed to the review board in 2017 by the then-Liberal government. She had been its first and only chairwoman until her term expired earlier this month.

She was replaced as chair by Tim Cranston, a lawyer who ran unsuccessfully for the Tories in Halifax Atlantic in the last provincial election.

Nova Scotia Premier Tim Houston said last week that there was nothing inappropriate in Cranston’s appointment as chairman. He said McKenna’s term had expired and the board needed a new chair.

The review board was scheduled to begin hearings March 4 into an application from Kelly Cove Salmon, owned by Cooke Aquaculture, to expand its fish farms in Liverpool Bay. Kelly Cove wants to expand its current operation near Coffin Island off Beach Meadows Beach to 20 pens from 14, and add trout to the salmon already farmed there. And it wants to add 40 new pens at two sites off Brooklyn and Mersey Point. It would mean more than 1.8 million salmon and trout being produced, compared

Groups involved in the hearing were surprised when they were sent a “high priority” email from review board clerk Stacy Bruce on Feb. 20, telling them McKenna was no longer with the board and that the March hearing dates would be cancelled.

Along with Kelly Cove Salmon, five groups were granted intervenor status at the hearings: Protect Liverpool Bay, the Region of Queens, the Brooklyn Marina, 22 Lobster Fishermen of Liverpool Bay, and Kwilmu’kw Maw-Klusuaqn, which is representing the Acadia First Nation.

Jamie Simpson of Juniper Law, who is representing the lobster fishermen group, said it’s unusual thata decision maker who has been significantly part of the process” would leave on the eve of the hearings.

“It’s no small feat to get several days in a row scheduled among the diverse parties here, so it’s a challenge,” Simpson said in an interview last week. “When they had the March dates nailed down it was an accomplishment and to see them cancelled now it’s a shock.”

Houston and Queens MLA and Public Works Minister Kim Masland have both spoken against the planned expansion. At a business luncheon in Liverpool on Feb. 7, the premier said that while supports aquaculture in Nova Scotia, he was personally opposed to more fish farming in Liverpool Bay.

In an email Monday, board clerk Sayeed Maswod told QCCR to “visit the regularly updated NSARB website for all information related to hearings.”

The review board has been mum on when the hearings will begin, but Simpson told QCCR that dates set for April 2 to 5 at the Best Western Plus in Liverpool are still a go.

Email: rickconradqccr@gmail.com

Nothing fishy with former Tory candidate as head of aquaculture board, premier says

Premier Tim Houston spoke to reporters after a cabinet meeting on Thursday. (Nova Scotia Government)

By Rick Conrad

Nova Scotia Premier Tim Houston says having a former Progressive Conservative candidate as the new chairman of the Nova Scotia Aquaculture Review Board won’t affect the board’s independence as it hears an application to expand fish farming in Liverpool Bay.

Houston spoke to reporters after a cabinet meeting Thursday. He was asked about the change this week in the board’s leadership.

Chairwoman Jean McKenna is no longer on the board. Her replacement as chairman is Tim Cranston, a board member who also ran for the Tories in the last provincial election.

“Mr. Cranston has been on that board for quite some time,” Houston said. “He’s a free thinker. As a member of that board, he’ll listen to the evidence and hear the hearings. The chairperson’s term had expired and it was time for a new chair and there’s a new chair and that’s a good thing. But the work will be done by that board.”

Greg Morrow, acting minister of fisheries and aquaculture, said Thursday in an interview that McKenna’s term expired on Feb. 15. Fisheries and Aquaculture Minister Kent Smith is out of the country on a trade mission and was not available for comment.

“As I understand it, her term was already extended and that extension has expired. So a new chair has  been appointed. Legislation enables these types of transitions. It’s all part of that process and we have faith in it.”

McKenna was one of the board’s first three members when she was appointed chairwoman in 2017 by the then-Liberal government. Morrow did not know if a new member would be appointed to the board.

Kelly Cove Salmon, which is owned by Cooke Aquaculture, applied to the board in 2019 for an expansion of their fish farm operation in Liverpool Bay. 

Kelly Cove wants to increase its farm near Coffin Island to 20 pens from 14 and to set up 40 pens at two new sites off Brooklyn and Mersey Point. 

Five groups were granted intervenor status at the hearings: Protect Liverpool Bay, the Region of Queens, the Brooklyn Marina, 22 Lobster Fishermen of Liverpool Bay, and Kwilmu’kw Maw-Klusuaqn, which is representing the Acadia First Nation.

Groups involved in the hearing were surprised this week when the board told them that McKenna was no longer chairwoman, and that hearings planned for March 4 to 8 in Liverpool were cancelled.

Jamie Simpson of Juniper Law represents a group of 22 lobster fishermen who oppose the expansion. 

“It seems a bit bizarre when you have a decision-maker who has been significantly part of the process and then to all of a sudden not have that decision maker there it is certainly unusual from my experience,” Simpson said in an interview Wednesday.

Morrow wouldn’t comment on that, and said that the board’s schedule is up to the new chairman.

He said there was nothing inappropriate about how the new chairman was appointed.

“I’m not concerned. It’s an independent board. They’ll make their decision on all applications that are brought forward to them. Anyone that’s interested in being considered for appointments can apply through the government-wide ABC appointment process. Mr. Cranston was already a board member, … and he met the criteria for the position. Rules governing the independent board are established, fair and they’re known to everyone so, no, I have no concerns about the independence of the board.”

Unless the board decides otherwise, hearings into Kelly Cove’s application will begin April 2 at the Best Western Plus in Liverpool.

Email: rickconradqccr@gmail.com

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Fish farm hearings on hold as new chair appointed in ‘bizarre’ turn of events

Tim Cranston is the new chairman of the Nova Scotia Aquaculture Review Board. (Facebook)

By Rick Conrad

The chairwoman of the Nova Scotia Aquaculture Review Board is out and a new chairman is in.

Groups getting ready for hearings into a proposed fish farm expansion in Liverpool Bay got a surprise this week when they were told chairwoman Jean McKenna is no longer on the board, and that hearings set for March 4 to 8 in Liverpool are cancelled.

Her replacement is Tim Cranston, who was appointed to the board on Feb. 16, 2023, and who ran for the Progressive Conservatives in the last provincial election.

Cranston is a lawyer with 20-plus years’ experience for two marine biotech companies, according to his biography on the review board’s website. He also owned and operated two rockweed leases during that time. And he was the co-founder of Natural Ocean Products.

As a candidate for the Tories in Halifax Atlantic, he lost to Liberal MLA Brendan Maguire.

(Nova Scotia PC Party Facebook page)

Cranston was appointed to the review board for a three-year term by then Fisheries and Aquaculture Minister Steve Craig.

Former chairwoman McKenna had been reappointed member and chairwoman at the same time as Cranston. But according to the list of recent appointments to agencies, boards and commissions as of Feb. 16, 2023, her term expired on Feb. 15, 2024. McKenna is still listed as the chairwoman of the Nova Scotia Police Review Board.

Jamie Simpson with Juniper Law represents one of the intervenors, 22 Lobster Fishermen of Liverpool Bay. Simpson said he received a “high priority” email on Tuesday from the board’s clerk telling him that the March hearing dates were cancelled and that McKenna was no longer on the board.

“Certainly, it came out of the blue and at a fairly late stage of planning for this hearing. From my experience, I’ve certainly never seen or heard of a decision maker being switched right where we’re in mid-stride here just getting ready to go into the first scheduled portion of the hearing coming up in early March just a couple of weeks away here. So it was quite surprising, that’s for sure.” 

Simpson said the board gave no reason. The board had also set aside April 2 to 5 for the hearing at the Best Western Plus in Liverpool. Simpson said those dates still stand.

“It’s no small feat to get several days in a row scheduled among all the diverse parties here, so it’s a challenge. So when they had the March dates nailed down it was an accomplishment and to see them cancelled, it’s a shock. But I can only guess that that has to do with the new chair needing time to get up to speed.”  

Kelly Cove Salmon, which is owned by Cooke Aquaculture, applied to the board in 2019 for an expansion of their fish farm operation in Liverpool Bay. 

Kelly Cove wants to increase its farm near Coffin Island to 20 pens from 14 and to include trout as well as salmon. It also wants to set up 40 pens at two new sites off Brooklyn and Mersey Point. It could mean up to 1.8 million farmed salmon in the bay, compared to about 400,000 now.

More than 150 residents, businesses and community groups filed written submissions with the board. Five groups were granted intervenor status at the hearings: Protect Liverpool Bay, the Region of Queens, the Brooklyn Marina, 22 Lobster Fishermen of Liverpool Bay, and Kwilmu’kw Maw-Klusuaqn, which is representing the Acadia First Nation.

Joel Richardson, spokesman for Cooke Aquaculture, said Wednesday he was waiting for more information from the board.

“I’m really not offering any additional comment on it. We’ll have our communication with them and we’ll go from there.”

Nova Scotia Premier Tim Houston came out against the project at an event organized by the South Queens Chamber of Commerce in Liverpool on Feb. 7. 

“I think some areas are great for aquaculture and I think that some others are maybe not the best place for it.

“On this specific question on Liverpool Bay, … I personally don’t think Liverpool Bay is a suitable place for it. That’s my personal opinion. I respect the process, the independent review board will do their process and will have hearings. They’ll do their thing. But my personal opinion is I don’t think Liverpool Bay is a suitable place for it.”

Queens MLA Kim Masland, who is also Nova Scotia’s public works minister, has spoken against the expansion since she was an Opposition MLA. She also repeated her stand against it at the same event.

Masland submitted a letter to the review board, but it was rejected because it said that it had to be free of the “appearance of any possible influence” by elected officials.

QCCR asked the review board for comment on the delay and on McKenna’s status.

In an email, board clerk Stacy Bruce referred questions about board appointments to the minister of fisheries and aquaculture.

“Information about the upcoming public hearing in Liverpool on applications by Kelly Cove Salmon Ltd. Is posted on the Board’s website,” he wrote. 

Bruce said new hearing dates would be posted on the board’s website when they’re available.

A spokesperson for Fisheries and Aquaculture Minister Kent Smith could not be reached Wednesday.

Lawyer Jamie Simpson says that despite the “bizarre” turn of events, he and his clients continue to prepare for the hearings.

“Looking forward to representing the interests of the lobster fishermen with respect to the potential impact of this massive aquaculture site on their livelihoods and also the ability it would have to navigate safely through Liverpool Bay.” 

Email: rickconradqccr@gmail.com

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Liverpool Bay fish farm hearings delayed

Betsy Hartt and Bob Iuliucci, owners of Bear Cove Resources, will make an oral presentation at the upcoming Nova Scotia Aquaculture Review Board hearing in Liverpool. (Rick Conrad photo)

By Rick Conrad

UPDATE 9:25 p.m. Tuesday

The Nova Scotia Aquaculture Review Board hearing into a proposed fish farm expansion in Liverpool Bay has been delayed until further notice, the board posted on its website Tuesday night.

“The hearing scheduled for March 4-8, 2024, in Liverpool, has been adjourned until further notice,” the notice reads. “New dates will be announced here once these have been determined by the board.”

No reason was given. Elsewhere on the board’s site, chairwoman Jean McKenna’s name has been removed. The new chairman is Tim Cranston, a member of the board and a lawyer “with 20 years+ experience as in-house counsel for two award-winning marine bio-tech companies.”

QCCR has contacted the board with questions about McKenna’s status and the hearing delay.

Meanwhile, more than 150 individuals, businesses and other groups had their comments on the proposed fish farm expansion accepted by the board.

Kelly Cove Salmon, which is owned by Cooke Aquaculture, has applied to expand its operations near Coffin Island and to add two new sites off Brooklyn and Mersey Point.

If successful, Kelly Cove’s operation would grow to 60 pens from its current 14. It would mean about 1.8 million salmon would be farmed in the bay, compared to the current estimated 400,000. Farmed trout would also be added at Coffin Island.

In addition to the written submissions and oral presentations from the public, five groups have been granted intervenor status: Protect Liverpool Bay, the Region of Queens, the Brooklyn Marina, a group of 23 lobster fishermen, and Kwilmu’kw Maw-Klusuaqn, which is representing the Acadia First Nation.

People had until Feb. 12 to submit their comments or ask to make an oral presentation at the hearings. 

Seven people or groups are giving oral presentations, including Bear Cove Resources Storm-cast Seaweed in East Berlin, owned by Bob Iuliucci and Betsy Hartt.

They say they’re worried about the effects of a four-fold increase in salmon and trout farming in the area.

“There’s absolutely no way (the farms are) going to withstand an easterly wind that can bring waves of 10 metres,” Iuliucci said Tuesday in an interview.

“We’ve had storm events (here), in one storm event the shoreline went back about five metres. … A net full of fish, it’s hopeless, it would be really unfortunate for everybody.”

Iuliucci says he’s also worried about what would happen if the new farm sites get caught up in tidal surges, especially given the current problems with flooding at Centennial Park on the Liverpool waterfront.

“We have the park inundated on a regular basis. So now we’re gonna have hundreds of thousands of fish stranded as well and on people’s properties.”

Hartt says their customers ask about whether their compost is affected by the current operation.

“The more their gear gets tossed around, the more their gear gets included in the seaweed we collect. And we get customers asking us questions already. ‘Does the fish farm affect the seaweed? Does that mean that I’m going to get microplastics in the seaweed compost I’m buying from you?’ I let them know at this stage, no. But when you consider the magnification of that project, that is going to be a concern.”

Most of the public feedback the review board received was in written submissions. It accepted 146 letters, which are published on its website

Most of those written submissions oppose Kelly Cove’s application. Twelve support it. Among the supporters are the mayor of Shelburne and businesses who have done business with Cooke.

But several other submissions were rejected by the independent board. 

That included two of the area’s politicians. According to a post on the Social Politics Facebook page, Queens MLA Kim Masland had her letter rejected because the board said it must be free of “appearance of any possible influence” by elected officials. 

Masland has spoken out against the project. In her letter, posted on her Facebook page, she said the expansion would harm the environment, tourism, the lobster fishery and residents’ general enjoyment of Beach Meadows Beach. 

Masland could not be reached for comment Tuesday. Premier Tim Houston also came out against the project last week, during a luncheon in Liverpool organized by the South Queens Chamber of Commerce.

The board also rejected submissions from people who were listed as a member of one of the intervenor groups. It ruled that their interests were already being represented. 

Region of Queens District 4 Coun. Vicki Amirault’s area includes Brooklyn and Beach Meadows. She was one of those whose letter was rejected, and she was also told she could not make a presentation at the hearings, because she is already represented by the Region of Queens as an intervenor.

“I’m not very happy about it. I’m the one that’s out and about in the community and I’m the one that’s hearing from my constituents and I believe I should be able to speak on their behalf. 

“I have not heard from anybody yet that is in favour of this expansion.”

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Nova Scotia premier ‘personally’ opposed to fish farm expansion in Liverpool Bay

Kim Masland, Queens MLA and Nova Scotia Public Works Minister, and Premier Tim Houston take questions at a business luncheon in Liverpool on Wednesday. (Rick Conrad photo)

By Rick Conrad

Opponents of a proposed fish farm expansion near Liverpool got a big morale boost on Wednesday as Premier Tim Houston told a business luncheon that he personally opposes the plan for more fish farms in Liverpool Bay.

“I think some areas are great for aquaculture and I think that some others are maybe not the best place for it.

“On this specific question on Liverpool Bay, if I say some places I think are suitable and some aren’t, I personally don’t think Liverpool Bay is a suitable place for it,” Houston said to applause.

“That’s my personal opinion. I respect the process, an independent review board will do their process and will have hearings. They’ll do their thing. But my personal opinion is that I don’t think Liverpool Bay is a suitable place for it.”

About 80 Queens County businesspeople and others were at the Best Western Plus in Liverpool for the event, which was organized by the South Queens Chamber of Commerce, and featured the premier and Queens MLA and Public Works Minister Kim Masland.

The premier’s comments came during a wide-ranging question and answer session, in response to a question about Kelly Cove Salmon’s application to expand its operations near Coffin Island, and to add two new sites off Brooklyn and Mersey Point. 

If successful, Kelly Cove’s operation would grow to 60 pens from its current 14. It would mean about 1.8 million salmon would be farmed in the bay, compared to the current estimated 400,000. Kelly Cove would also farm trout at its operation at Coffin Island. 

The Nova Scotia Aquaculture Review Board has public hearings scheduled for Liverpool beginning March 4. 

The grassroots group Protect Liverpool Bay is one of five groups granted intervenor status at the hearing. The others are the Region of Queens, the Brooklyn Marina, a group of 23 lobster fishermen, and Kwilmu’kw Maw-Klusuaqn, which is representing the Acadia First Nation.

In an interview afterward, Houston said he wanted to make sure those gathered for the event knew where he stood personally.

“The review board will do their process and we certainly respect that process, but on a personal level I believe that there are places where aquaculture makes sense and great opportunities in this province. There are other places where it doesn’t make sense. And I don’t think Liverpool Bay is one where it makes the best sense.”

“The hearings will start in March, people will have their chance to have their say. That’s my personal opinion. There will be many other opinions shared through that process and the board will take those all in and look at the science and make their decision. I just thought for this room here, it was important that they knew where I personally stood.”

Masland repeated her opposition to the fish farm expansion. She had spoken against it as an opposition MLA.

“I think my position has been communicated very well from the very beginning,” she told the crowd. “I take this job as your MLAs very seriously and I always take the time to listen to the constituents within the area I represent.”

In an interview, she said she was happy with the premier’s comments.

“We do have a process that needs to be followed. I do understand that. But certainly we have a premier who listens, and understands and respects the value of people’s voices in the community and I think that was shown today by his comment.”

Jeff Nickerson, business development manager for Cooke Aquaculture, which owns Kelly Cove Salmon, was at the event on Wednesday. He did not want to comment on the premier’s remarks. He referred media questions to Cooke spokesman Joel Richardson.

“We’ve been going through the provincial review process for the Liverpool Bay project for many years, since we first submitted the application in 2019 and we look forward to going through the government’s review process,” Richardson said in an interview.

“As the applicant that is bringing the Liverpool Bay project forward, we appreciate that the premier respects the aquaculture review board process.”

Brian Muldoon, president of Protect Liverpool Bay, said he was surprised at the premier’s comments. Protect Liverpool Bay is one of five intervenors at the upcoming hearing.

“I was really impressed. I didn’t expect that he would come out and actually say personally that he is against having open net pen fish farms here in Liverpool Bay.”

Region of Queens Mayor Darlene Norman said she understands it’s only the premier’s personal opinion, but that it is welcome news.

“It’s wonderful to know that he believes they are not suited for our bay,” she said in an interview.

“I think his personal views and the separation from the ARB are very distinct but it does sort of give you that at least the premier understands and is of our same mindset.”

Members of the public can also have their say on Kelly Cove’s application. The review board is accepting public submissions until Feb. 12.

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Residents step up letter writing to oppose fish farm expansion in Liverpool Bay

Tim Nickerson, Lyn Oakley and Rosalee Smith at the Seaside Centre in Beach Meadows on Tuesday. (Rick Conrad photo)

By Rick Conrad

For Lyn Oakley, having more fish farms near her home boils down to one thing.

“My biggest concern is poop,” the Eagle Head resident says, referring to the fish waste produced at the facilities. “There is no way that the ocean with its tides is flushing that area. It’s not capable of doing that.”

Oakley was at the Seaside Centre in Beach Meadows on Tuesday with other residents working on their letters to the Nova Scotia Aquaculture Review Board to oppose a proposed fish farm expansion in Liverpool Bay.

The review board will hold a public hearing on an application by Kelly Cove Salmon to expand its current fish farming operation off Coffin Island, near Liverpool, from 14 pens to 20. It also wants to create new sites off Brooklyn and Mersey Point. The new locations would add another 40 pens to their operation.

The hearing begins March 4 at the Best Western Plus in Liverpool. 

If successful, Kelly Cove would farm up to an estimated 1.8 million salmon at the three sites. It currently raises about 400,000 at its location near Coffin Island.

The grassroots group Protect Liverpool Bay is one of five groups granted intervenor status at the hearing. The others are the Region of Queens, the Brooklyn Marina, a group of 23 lobster fishermen and Kwilmu’kw Maw-Klusuaqn, which is representing the Acadia First Nation.

As part of the review process, anyone can submit comments to the board by Feb. 12. But they must address at least one of eight factors the review board considers under the province’s aquaculture regulations.

That’s why some residents gathered on Tuesday to make sure their letters were in a format that would be accepted by the review board.

Oakley said the session was helpful to learn from other community members.

“These kinds of information sessions make sure that my objections are going to be accepted into the record and my voice will be heard.”

Rosalee Smith, who also lives in Eagle Head, said it’s important for the community to be heard.

“I think numbers speak. The people on the ground, the people who are gonna live next to this, the people who will have to look at this, the people who will be suffering because of this I think need to speak up and say, ‘No, we don’t want it.’”

Protect Liverpool Bay has been fighting the fish farm expansion since 2018. It was on hand to offer any other information to residents about the review hearing process. 

Beach Meadows resident Tim Nickerson said he’s working on his own letter, but also wanted to help others with theirs.

“I just think that the ask for the bay is just excessive. It’s just too much for that space to handle.”

Local residents say they are worried about the fish farm’s effects on the lobster fishery, the area’s beaches and other uses of the bay.

They’re also concerned that more fish in more enclosed spaces will mean more pollution, pesticides and antibiotics released into the ocean. They point to sea lice infestations, fish escapes, equipment debris and fish kills.

There are two more information sessions planned at the Seaside Centre, on Thursday from 6 to 8 p.m. and Saturday from noon to 4 p.m.

Email: rickconradqccr@gmail.com

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Fish farm opponents plan information session in Mersey Point

Debris found on Beach Meadows Beach in 2021 allegedly from the fish farm near Coffin Island. (Rick Conrad photo)

By Rick Conrad

A group opposed to fish farms in Liverpool Bay will hold a public information session on Saturday afternoon.

Volunteers with the group, Protect Liverpool Bay, will be at Mersey Point Hall from 10 a.m. to 3 p.m. to answer the public’s questions about proposed fish farm expansion in the area and an upcoming regulatory hearing on the proposal.

Protect Liverpool Bay has been fighting efforts by Kelly Cove Salmon, which is owned by Cooke Aquaculture, to expand its fish farming operations off Coffin Island, and to create new sites off Mersey Point and Brooklyn. 

A Nova Scotia aquaculture review board hearing into Kelly Cove’s application is set to begin at the Best Western Hotel in Liverpool on March 4. 

Protect Liverpool Bay was granted intervenor status at the hearing, along with the Region of Queens, and representatives from Acadia First Nation, Brooklyn Marina and a group of Liverpool Bay fishermen.

Email: rickconradqccr@gmail.com

Listen to a QCCR news update below.