Vol. 148, No. 27 — December 31, 2014
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.
|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|
(This note is not part of the Order.)
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).
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.
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.
The licence fees, representing a total amount of $93,750, will be reimbursed to the affected licence holders.
Legislation and Regulatory Affairs
Fisheries and Oceans Canada
200 Kent Street