Vol. 148, No. 27 — December 31, 2014

Registration

SI/2014-108 December 31, 2014

FINANCIAL ADMINISTRATION ACT

Holders of the Commercial Roe Herring Fishing Licences Remission Order

P.C. 2014-1466 December 12, 2014

His Excellency the Governor General in Council, considering that it is in the public interest to do so, on the recommendation of the Minister of Fisheries and Oceans and the Treasury Board, pursuant to subsection 23(2.1) (see footnote a) of the Financial Administration Act (see footnote b), remits to holders of the Category H annual commercial roe herring fishing licences that are referred to in subitem 3(9) or (10) of Part I of Schedule II to the Pacific Fishery Regulations, 1993 (see footnote c) and whose numbers are set out in the annexed schedule the fees that they paid for those licences for 2014 under subsection 19(1) of those Regulations.

SCHEDULE

LICENCES

Item Column 1

Licence Number		 Column 2

Permitted Equipment
1. HG 711 2014 Gill net
2. HG 1198 2014 Gill net
3. HG 1220 2014 Gill net
4. HG 521 2014 Gill net
5. HG 260 2014 Gill net
6. HG 355 2014 Gill net
7. HG 613 2014 Gill net
8. HG 649 2014 Gill net
9. HG 1054 2014 Gill net
10. HG 147 2014 Gill net
11. HG 30 2014 Gill net
12. HG 227 2014 Gill net
13. HG 156 2014 Gill net
14. HG 70 2014 Gill net
15. HG 55 2014 Gill net
16. HG 648 2014 Gill net
17. HG 814 2014 Gill net
18. HG 327 2014 Gill net
19. HG 410 2014 Gill net
20. HG 1165 2014 Gill net
21. HG 1216 2014 Gill net
22. HG 805 2014 Gill net
23. HG 425 2014 Gill net
24. HS 108 2014 Purse seine
25. HS 91 2014 Purse seine
26. HS 185 2014 Purse seine
27. HS 223 2014 Purse seine
28. HS 83 2014 Purse seine
29. HS 107 2014 Purse seine
30. HS 141 2014 Purse seine
31. HS 15 2014 Purse seine
32. HS 23 2014 Purse seine
33. HS 24 2014 Purse seine
34. HS 6 2014 Purse seine
35. HS 61 2014 Purse seine
36. HS 82 2014 Purse seine
37. HS 26 2014 Purse seine
38. HS 203 2014 Purse seine
39. HS 80 2014 Purse seine
40. HS 76 2014 Purse seine
41. HS 205 2014 Purse seine
42. HS 144 2014 Purse seine
43. HS 65 2014 Purse seine
44. HS 78 2014 Purse seine
45. HS 71 2014 Purse seine
46. HS 219 2014 Purse seine
47. HS 72 2014 Purse seine
48. HS 36 2014 Purse seine

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

To seek Governor in Council approval to remit $93,750 in funds collected in respect of roe herring fishing licences for the 2014 fishing season, pursuant to subsection 23(2.1) of the Financial Administration Act (FAA).

Objective

The purpose of the Order in Council is to remit $93,750 in certain annual commercial fishing licence fees for roe herring that were paid in respect of the 2014 fishing season, pursuant to subsection 19(1) of the Pacific Fishery Regulations, 1993, and that are set out in subsections 3(9) and (10) of Part I of Schedule II to those Regulations.

Background

The West Coast of Vancouver Island (WCVI) is one of five stock areas for the commercial herring fishery in British Columbia. This area has been closed to general commercial herring fishing since 2006 due to conservation reasons. However, on December 23, 2013, the Minister of Fisheries and Oceans made a decision to allow for the opening of the 2014 WCVI commercial herring fishery.

In 2014, there were 1 267 roe herring gillnet and 252 roe herring seine licenses issued for five herring stock fishing areas, including the WCVI. These licences are renewed on January 1 every year. In this current situation, licence holders had paid their annual fees in January 2014 and completed area selection on February 5, 2014. Licence issuance for roe herring licences was delayed and occurred from February 18 to 20, 2014.

On February 12, 2014, the Ahousaht, Ehattesaht, Hesquiaht, Mowachaht/Muchalaht and Tla-o-qui-aht First Nations filed a motion for an interlocutory injunction to prohibit the opening of a commercial roe herring fishery on the WCVI. On February 21, 2014, the Federal Court granted an interlocutory injunction prohibiting the opening of the 2014 commercial roe herring fishery on the WCVI pending the hearing of a judicial review application brought by the five aforementioned First Nations. As a result of the interlocutory injunction, the commercial roe herring fishery on the WCVI remained closed in 2014, and holders of commercial licences to fish for roe herring on the WCVI were unable to fish in that area in 2014. As a result, the licence holders of 23 gillnet and 25 seine licences, which had been paid for and were issued for the WCVI roe herring fishing area, were no longer able to use them.

Remission is recommended on the basis that it is in the public interest to refund the licence fees to the affected licence holders. Retention of the licence fees would be contrary to the public interest, as it would unfairly disadvantage (financially) the licence holders who paid the necessary fees to fish for roe herring on the WCVI, but who were then subsequently unable to fish as a result of the interlocutory injunction granted by the Federal Court. This was a circumstance beyond the control of the licence holders.

Implications

The licence fees, representing a total amount of $93,750, will be reimbursed to the affected licence holders.

Departmental contact

Peter Ferguson
Manager
Legislation and Regulatory Affairs
Fisheries and Oceans Canada
200 Kent Street
Ottawa, Ontario
K1A 0E6
Fax: 613-993-5204