Commercial fisheries licensing rules and policies reference document Pacific region
Roe herring
Seine (categories HS and FHS)
Gillnet (categories HG and FH)
Licence category
A commercial or communal commercial Roe Herring by seine licence (category HS or FHS) or by gillnet licence (category HG or FH) is required to commercially fish for Roe Herring. Roe Herring licence eligibilities are limited entry and party based, and licence eligibility holders must annually select a harvest area.
Licence Category Background
Herring has been one of the most important components of the Pacific Region’s commercial fisheries over the past century, with catch records dating from 1877. The fishery has evolved from a dry salted product in the early 1900s, to a reduction fishery in the 1930s, to the current roe fishery that began in 1972. In addition to the Roe fishery, whole Herring and/or Herring Spawn has been harvested in the following fisheries: food, social and ceremonial; Spawn on Kelp; winter Food and Bait; commercial; sport; and personal use bait, charity sales, zoo and aquarium food, test fishing and research.
Limited entry in the Roe Herring fishery began in 1974. Licence eligibilities were issued upon application by individuals who owned substantial or all shares of gillnet or seine geared Roe Herring fishing vessels.
The criteria for obtaining a Roe Herring licence eligibility in 1974 was:
- participation in the 1972 and 1973 Roe Herring fishery, which made individuals eligible to apply for one licence eligibility for each vessel fished during those years; and
- consideration for issuance of one licence eligibility not based on previous landings, per individual.
Annual licence fees for this fishery were originally set at $2,000.00 for a seine licence and $200.00 for a gillnet licence.
Changes in Roe Herring licence holdings were not permitted in the first few years as there was an “owner/operator” restriction; in that a person who is the owner and operator of a commercial fishing vessel or who is a shareholder in a company, other than a fish processing company, that owns more one or more fishing vessels and who is designated by such company as the owner/operator for the purposes of these regulations (previously known as the Pacific Herring Fishery Regulations).
Therefore, prior to August 1, 1990, people who received licenses in 1974 (up to 1977 for Aboriginal Individuals) were still recognized by the Department as the licence holder of record, with the exception of those whose Ministerial appeals for family-related changes in licence holdings had been granted. The original intent of this person, holder-operator, non-transferable licence system was to provide some flexibility in the number of licenses issued annually. For example, if it was desirable, the fleet could be reduced through gradual attrition; as licence holders left the fishery, their licenses would be retired. It is interesting to note that it was originally intended that changes in the licence holdings were to eventually be allowed once the desirable number of vessels remained in the fishery after attrition.
This attrition did not occur for a number of reasons. Some licenses were issued to companies, and effective changes in the holders of these licenses occurred through sale of the company. Changes in licence holdings of elderly or deceased fishers to family members were granted through appeals to the Minister.
In 1979, the owner/operator requirement was dropped from the licence because of enforcement difficulties. As a result, some licence holders began to rent their annual fishing opportunity. This practice, later extended to long-term (99 year) leasing of licenses and supported by a power of attorney granted by the original applicant, provided a means to avoid the prohibition on nominations. This practice became so popular that it presented a problem for the department in identifying the actual operator. There has also been an enormous cost to those involved, as leases involve complex legal and administrative arrangements.
On August 1, 1990, the policy with respect to changes in Roe Herring licence holdings was changed to be as follows:
- Prior to licence application each year, licence holders of record may indicate their intention to no longer apply for a licence by completing a nomination form provided by the department. Where such an intention is stated, the Minister may consider issuance of the licence to another person nominated by the previous licence holder.
- All applications for a Roe Herring licence must be signed by the licence holder of record. Powers of Attorney will not be accepted. To encourage individual participation in the fishery, corporate licence holdings will be restricted to the levels indicated by the 1988 survey of Roe Herring licence holdings. Where a company is nominated by these licence holder as a replacement, the application will be subject to review to ensure that these levels are not exceeded.
- Reduced fee Roe Herring licence holders of record may also indicate their intention to no longer apply for a licence privilege but the person nominated by the licence holder must be an aboriginal individual.
Fishing Areas
Gillnet
Gulf – areas 14 to 18
Prince Rupert – areas 3, 4 and 5
Seine
Gulf - areas 14 to 18
Prince Rupert - area 5
Gulf (food and bait herring) – areas 13, 14, 17, 18 and 29
*As the fishing areas associated with the Roe Herring Gillnet and Seine fisheries may change on an annual basis, please refer to the current year Integrated Fisheries Management Plan (IFMP) – Pacific Herring to view the current area selections.
Licence Renewal Fees
Annual commercial Roe Herring licence (categories HS and HG) renewal fees are available at full and reduced fee amounts. There is no annual renewal fee for a communal commercial category FHS or FH licence.
Reduced fee licence eligibilities are held by individuals who have status under the Indian Act and who elect to pay a reduced fee for a Roe Herring licence eligibility. This election may be made at any time and is irreversible.
Licence Renewal Fees
| Gear | Full fee | Reduced fee | Communal commercial |
|---|---|---|---|
| Seine | $3,980.00 | $1,990.00 | $0.00 |
| Gillnet | $200.00 | $100.00 | $0.00 |
Licence Issuance
A commercial Roe Herring Gillnet or Seine licence must be renewed, and the renewal fee paid, every year by December 31st to retain the privilege to be issued the licence in the future. This means that licence eligibility holders must renew the licence whether they intend to fish or not. If the licence is not annually renewed by December 31st, the licence will cease and DFO will not be able to consider a request to issue that licence in the future.
Prior to licence issue, a licence eligibility holder must:
- make an area selection;
- identify a Pool Contact;
- place the Roe Herring Gillnet licence in a pool (a minimum of four Roe Herring Gillnet licences and no maximum number);
- place the Roe Herring Seine licence in a pool (a minimum of eight licences and no maximum number);
- submit a pool designation list for each pool; and
- designate a vessel for each Roe Herring Seine licence.
Designated seine vessels must:
- be registered as a Canadian commercial fishing vessel; and
- have a valid fish hold inspection certificate.
This information must be submitted to DFO using the National Online Licensing System.
Under the Canada Shipping Act, all vessels fishing herring or capelin are required to have a valid stability certificate/booklet on board the vessel.
Those Roe Herring Seine licence eligibility holders who select the Option for Food and Bait Herring will:
- Be eligible to apply for a Food and Bait Herring (Category ZM) licence and submit the $30 fee for licence issuance.
- Be selecting this option for the current fishing year only
- Be required to submit the roe seine licence renewal fee to maintain eligibility
- Not be part of the Roe Herring Seine pool designation process
Licence documents
Roe Herring licence documents are valid from the date of issue to December 31st annually.
Licence eligibility holders may reprint any lost or destroyed licence documents using the National Online Licensing System (NOLS).
Seine vessel redesignation
An on grounds Roe Herring Seine vessel redesignation request will not be considered where a vessel is licensed in another area and unable to arrive in time for a fishery in a second area.
After licence issue, vessel redesignation within the current pool may occur on grounds on the approval of a fishery officer.
An on grounds redesignation request may only be considered by Fishery Officers:
- Prior to the fishery openings in the area. Changes in area will not be permitted; or
- if the vessel is disabled (i.e. lost, damaged or mechanical breakdown); or
- if within the current pool
Nomination
Roe Herring licence eligibilities for categories HG or HS may be nominated from one party to another. Communal commercial Roe Herring licences (categories FH or FHS) may not be nominated.
Only one party (e.g., an individual, a company or a First Nation) may be nominated. There are no restrictions as to who may be nominated for a full fee Roe Herring licence; however, only an aboriginal individual may be nominated for a reduced fee Roe Herring licence.
Nomination forms are accepted by the Pacific Fishery Licence Unit every year from April 1st to close of business on October 31st. Nomination forms received after October 31st will not be accepted.
The Nomination for Roe Herring Licence Eligibility form is available. The nomination form must be signed by the licence eligibility holder on record and notarized by a lawyer or notary.
If you require further discussion or information on the above mentioned nomination policies, please contact the Pacific Fishery Licence Unit.
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