441-01806 (Fisheries)

Herring plays a critical, foundational role in the ecosystem, supporting numerous economically, ecologically, and culturally significant species. The Department of Fisheries and Oceans (DFO) takes into consideration the importance of herring and herring spawning areas when making decisions about aquaculture licences and has strong regulatory tools in place to protect herring spawn. 

The Fisheries Act prohibits harmfully disturbing herring spawn, unless authorized (for example, legally harvesting roe on kelp). A shellfish aquaculture licence is not an authorization to harmfully disturb spawn. Herring spawn has been known to settle on aquaculture gear and any spawn on shellfish gear, or any other thing upon which it has set, cannot be harmfully disturbed or killed, until the time for the eggs to have hatched is passed.

In addition to the above noted provisions in the Fisheries Act, the shellfish aquaculture conditions of licence prescribe the protection of important and sensitive habitats, including but not limited to kelp beds and eelgrass. It is prohibited to conduct shellfish aquaculture activities within kelp and eelgrass, which are important spawning habitats for herring.

All shellfish aquaculture licence applications are subject to a rigorous harmonized review process that considers the application in context to all other fisheries and habitat, including proximity to fish spawning areas. The review is conducted on a site by site basis and site specific measures can be prescribed into a licence when and as needed.

DFO recognizes that debris from aquaculture sites is an important issue to the public. The marine finfish aquaculture conditions of licence and shellfish aquaculture conditions of licence include requirements to have infrastructure and equipment capable of withstanding oceanographic and meteorological conditions in the licensed location. Farm operators must conduct regular inspections of their infrastructure and equipment and are responsible for ensuring debris generated by the facility is collected or treated and disposed of appropriately.

According to the conditions of licence for Shellfish Aquaculture operators, the onus is on the licence holder to prevent pollution. New shellfish aquaculture conditions of licence were introduced in spring 2021, directly addressing marine plastic debris and ghost gear. The new licence conditions support lost gear identification, polystyrene (eg. Styrofoam) pollution reduction, and regular clean-ups of licensed facilities. These conditions work to support government priorities and commitments, specifically under the restored Fisheries Act, G7 Ocean Plastics Charter, CCME Zero Plastic Waste Action Plan (Phase II), and the Global Ghost Gear Initiative (GGGI).  The shellfish conditions of licence require aquaculture licence holders to perform regular seafloor inspections, remove and dispose of debris, permanently label most types of plastic equipment and aquaculture gear for easy identification, and remove exposed foam used for floatation. These new requirements came into effect as of April 1, 2023.

DFO will continue to review the performance of existing management measures and will work with partners and stakeholders to identify areas where further action is needed.

DFO is committed to working with provinces/territories, Indigenous partners, environmental groups and others on sustainable management of aquaculture.

DFO is currently exploring an area-based approach to aquaculture management in the Baynes Sound/Lambert Channel area through a two-year pilot project in partnership with the K’omoks First Nation.

DFO is now working closely with the K’omoks First Nation, and other First Nations with overlapping territory in the area, to discuss and understand the unique social, cultural, environmental, and economic values in Baynes Sound/Lambert Channel. This includes the recognition of Baynes Sound as an Ecologically and Biologically Significant Area and the shared responsibility of stewardship.

This initiative is a step towards ecosystem-based management and may lead to the co-development of an aquaculture management plan for this area, should that be something all parties agree to creating.