Commercial fisheries licensing rules and policies reference document Pacific region
Spawn on kelp
Categories J and FJ
Licence category
A commercial or communal commercial Spawn on Kelp licence (category J or FJ) is required to commercially harvest Spawn on Kelp. Spawn on Kelp licence eligibilities are limited entry and party based.
Spawn on Kelp licences are issued for herring pond operations. The licence eligibility holder or, in the case of a First Nation, the First Nation' representative, must be on site at all times during operation.
Licence category background
Commercial production of spawn on kelp was initiated in 1975.
Spawn on kelp licences are issued for herring ponding operations. Catcher vessels are only used by some licences to impound live herring and draw them into an enclosure. Other operations use an “open ponding” principle which allows fish to freely enter and exit the pond during spawning.
The area of operation of the catcher vessel and ponding are specific for each spawn on kelp licence. A catcher vessel is used for closed ponding operations where as an operating vessel is used in open ponding operations.
Commercial production of spawn on kelp was initiated in 1975. Permits were issued to 13 individuals for six tons of product each. Selection of permit holders was based on remoteness of operation site and experience in catching, holding and handling live herring. Special consideration was given to remote communities and to Aboriginal Individuals. Individuals who were successful in obtaining a herring spawn on kelp permit were not permitted to also hold a herring roe licence, nor to participate in any way in the roe herring fishery either as a vessel skipper or as crew.
Permits were not issued to processing companies. Permits were only issued if adequate supplies of herring and kelp were available in the area being considered. The number of permits issued increased to 21 in 1976 and to 24 in 1977. In 1977 the quota per licence was increased to 10 tons.
An additional five permits were issued to Aboriginal bands in 1978. During that same time, the quota per licence was dropped from 10 tons to 8 tons. In 1979, one permit holder exchanged a spawn on kelp licence for a Roe Herring licence, resulting in a total of 28 permits. In 1983, these limited entry permits formally became category J licenses with a fee of $2,000.00 per licence and a reduced fee of $10.00 per licence for Aboriginal individuals or bands. These fees were intended to be consistent with the fees for a roe herring seine licence. Licence holders are required to operate the licence.
In November 1989, the Minister of Fisheries and Oceans announced that an additional 10 licenses would be issued to harvest herring spawn on kelp in B.C. The new licenses were issued to Aboriginal Bands only and each new licence eligibility holder required to render inactive or retire equivalent gillnet or seine privileges from the Roe Herring fishery. This retirement measure was taken to ensure a sustainable level of Roe Herring harvest and to provide stability in both the spawn on kelp and roe herring fishery sectors. At that time, there were 38 licensed participants in this Party based Licence 20 fishery. A 39th licence was issued in 1993 for one year under an agreement with the Heiltsuk Indian Band.
Licence renewal fee
The annual renewal fee for a commercial category J licence is calculated as follows:
- $1,517.00 multiplied by 7.25 metric tonnes (mt) of spawn on kelp authorized to be taken under the licence, minus $1,000.00.
Example ($1,517.00 x 7.257478 mt) - $1,000.00 = $10,009.59
There is no annual renewal fee for a communal commercial category FJ licence.
Zero quota / zero fee option
Spawn on kelp licence eligibility holders have the option of electing a zero quota option. The licence renewal fee associated with this option is zero dollars.
Licence issuance
A commercial Spawn on kelp 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, the licence eligibility holder must ensure that:
- any ministerial conditions placed on the licence eligibility have been met;
- any conditions of the previous year’s licence have been met, such as the completion, submission and approval of any logbook fish slip or quota overage requirements;
- the sales report for the previous year is submitted;
- participation in a DFO approved spawn on kelp monitoring program has been established;
- logbooks have been received from a DFO approved service provider; and
- a registered Canadian commercial fishing vessel has been identified as the operating vessel (up to three operating vessels may be designated).
Note: Seine vessels used to capture and impound herring are not required to hold a vessel based commercial fishing licence eligibility on the vessel; however, they must be registered as Canadian commercial fishing vessels with DFO.
Pond set-up or harvesting is NOT permitted prior to licence issue.
Licence documents
Spawn on kelp 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).
Vessel redesignation
Vessel redesignation after licence issuance is permitted, when required, by submitting a request through the National Online Licensing System. Instructions are available.
Nomination
There is currently no nomination process in place for commercial Spawn on kelp licence eligibilities to be nominated from one licence eligibility holder to another.
Estate administrators may request that the Minister of Fisheries and Oceans grant a nomination exception for spawn on kelp licence eligibilities held in the name of estates, by presenting an appeal to the Pacific Region Licence Appeal Board (PRLAB).
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