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ABOUT...
ACROSS CANADA
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DFO Policy: Access to Wild Aquatic Resources as it Applies to
Aquaculture
![](/web/20061101031651im_/http://www.dfo-mpo.gc.ca/aquaculture/images/line_blue.gif) May, 2004
National Policy On Access to Wild Aquatic
Resources As it Applies to Aquaculture
TABLE OF CONTENTS
INTRODUCTION
On May 1, 2004, Fisheries and
Oceans Canada (DFO) introduced a new national policy entitled, "Access to Wild
Aquatic Resources as it Applies to Aquaculture".
Aquaculturists require access to the wild resource to
conduct their aquaculture operations. This policy is consistent with the
commitment taken by DFO in its "Aquaculture Policy Framework" introduced in 2002
to provide aquaculturists with predictable, equitable, and timely access to the
aquatic resource base.
This policy provides the aquaculture industry with access
to wild stocks in a manner that is consistent with the department's sustainable
management of those stocks. Access requests for wild aquatic resources will be
considered by the regional aquaculture offices in collaboration with the ongoing
fisheries management planning process.
A national DFO committee has been established to coordinate an 18-month
review of the implemented policy that will identify and address the operational
issues with respect to the policy implementation, and developing specific
directives as required.
DEFINITIONS
For the purpose of this policy:
- An "aquaculturist" is a company or individual with permission via federal
or provincial lease and/or licence to culture specific aquatic organisms on a
lease site or private property.
- "By-catch" refers to a part of a harvest taken in addition to the animals
deliberately placed on the lease (e.g., for an oyster lease, wild oysters that
were on the lease at the time the lease was approved, or ones that have since
settled on the lease; for finfish cages, wild animals that may have entered
the cages during the grow-out period; in both cases, the wild animals may be
harvested with the aquaculturists' crop).
- "Fish" refers to all aquatic species covered by the
Fisheries Act.
- A "juvenile" is considered to be any fish, which is past metamorphosis,
but is below age or size at maturity, or which is below the size limit stated
in fishery regulation.
- "Lease" refers to an area that has been designated for exclusive use by
the leaseholder for the culture and harvesting of fish. The lease is
generally restricted to specified species, through conditions of lease or
licence.
- "Lease species" refers to a species licensed to be reared on an
aquaculture lease.
- "On-growing" is the culturing of fish captured from the wild, on or off
lease.
- "Purging" refers to the removal of the majority of individuals of a
specified species from a lease prior to the lease being occupied.
- "Relaying" refers to the harvesting of juvenile shellfish off-lease for
culturing on lease or from one lease to another.
- "Spat" or "seed" refers to sets of the fertilized egg or larvae of
invertebrates usually molluscs. Spat then 'settle' onto suitable substrates
sometimes called spatfalls.
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OBJECTIVES
This policy provides a framework and criteria to facilitate access to wild
fish and aquatic plant resources for aquaculture purposes, supporting DFO's
policy direction on the development of an environmentally sustainable and
economically viable aquaculture industry in Canada.
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SCOPE
This policy deals exclusively with direct access to wild aquatic resources
for aquaculture purposes where DFO manages that access[1].
The purchase of fish or shellfish by aquaculturists from licensed fishers during
an open season, the retention of legally caught fish by licenced fishers, or the
purchase of fish or shellfish from a licensed aquaculturist, are not encompassed
by this policy.
This policy is consistent with the principles set out in the Aquaculture
Policy Framework (APF) and national Fisheries Management policies. It
recognizes DFO as the lead federal agency for aquaculture and aquaculturists as
legitimate users of land, water and aquatic resources; and it outlines how DFO
will provide aquaculturists with predictable, equitable and timely access to the
aquatic resource base.
Not withstanding this policy, other policies such as; the Species at Risk Act
(SARA), the National Code on Introductions and Transfers, and the Canadian
Shellfish Sanitation Program (CSSP), the Fish Health Protection Regulations and
the Management of Contaminated Fisheries Regulations (MCFR) apply in the capture
and movement of aquatic organisms, consistent with application to others users
under similar circumstances.
In addition, this policy does not cover marine mammals.
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CONTEXT
While the long-term goal of the aquaculture industry is generally to minimize
the requirement for access to wild stock for culture purposes by becoming
self-sufficient, for species where the technology does not exist for hatchery
production or the cost of hatchery production is prohibitive, there continue to
be situations where access to wild stocks is essential to the development and
expansion of the Canadian aquaculture industry. As well, aquaculturists may
collect wild fish or plants, on lease, in the ongoing operation of their farms,
for example to control predation or as a "by-catch" to the harvest of their
crop.
Aquaculture
DFO and the APF use the United Nations Food and Agriculture Organization (FAO)
definition of aquaculture as the cultivation of aquatic organisms, including
finfish, molluscs, crustaceans and aquatic plants.
Aquaculture implies private or corporate ownership of the organisms and some
form of intervention in the rearing process to enhance production, such as
regular stocking, feeding and protection from predators and disease. Aquaculture
operations are based on property rights, such as a lease on the site of the
culturing operation, and an exclusive use of that site for the harvesting and
development of the species being cultured. The policy acknowledges the private
property rights confirmed by the lease.
In 2002, DFO adopted the Aquaculture Policy Framework (APF), which states
that DFO's vision of sustainable aquaculture development is "to benefit
Canadians, now and in the future, through the culture of aquatic organisms,
while upholding the ecological and socio-economic values associated with
Canada's oceans and inland waters."
The APF orients DFO around a common vision for aquaculture and shapes the
development of future departmental regulations, policies and programs with the
goal of improving DFO's ability to support competitiveness of the aquaculture
industry in Canada and to increase public confidence in the sustainability of
aquaculture.
Specifically, the APF:
- Confirms DFO as a regulator and enabler of aquaculture;
- Contributes to DFO's reorientation as a department of sustainable
development; and
- Encourages, rather than restrains, responsible aquaculture development.
Three of the APF's nine principles specifically provide direction and support
to aquaculturists' requests for access to wild fish resources:
- Recognizing that aquaculture is a legitimate use of land, water and
aquatic resources, DFO will work with provincial and territorial governments
to provide aquaculturalists with predictable, equitable and timely access to
the aquatic resource base.
- In partnership with other federal departments, the provinces and
territories, academia and industry, DFO will support responsible development
of the aquaculture sector.
- DFO will make every effort to understand the needs of the aquaculture
industry and to respond in a manner that is solutions-oriented and supportive
of aquaculture development.
Fisheries Management
Access to the wild resource for aquaculturists under this policy is not
intended to reduce the access to the resource of existing fishers. Almost all
commercial fisheries have been placed under limited entry regimes, which
restrict the number of fishing licenses. Many fisheries are fully subscribed,
with harvestable biomass allocated to user groups through a planning process.
In fact, in some fisheries, DFO and industry face the challenge of rationalizing
the capacity represented by existing users.
Most fisheries are now managed through Integrated Fisheries Management Plans
(IFMPs). While some of the requirements of the aquaculture industry can be
satisfied through the purchase of fish from commercial fishers, there is a need
to ensure that the aquaculture requirements, when access to stocks is an issue,
are routinely factored into IFMPs. When the Total Allowable Catch (TAC) is
fully subscribed (both in competitive and Individual Quota fisheries), then
aquaculturalists' request should be accommodated within the fisheries management
plans for the species. As the numbers of fish required for aquaculture purposes
will generally be very low relative to the stocks and, therefore, not expected
to impact on existing users, aquaculturalists' allocations may be in addition to
existing allocations.
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ACCESS REQUIREMENTS FOR
AQUACULTURALISTS
The following section outlines the reasons why aquaculturalists may request
access to wild aquatic resources. The types of access requested are summarized
in the tables in Annex 1, categorized as they relate to access for developmental
purposes and for on-going operations.
- Access to Shellfish "Spat" and Seedstock On- and Off-Lease
While some species of shellfish "spat" and seedstock can be obtained through
commercial hatcheries in various locations, gathering locally, from the wild, by
the grower may be more cost effective and for certain species, the only source
of supply. Aquaculturalists may wish to collect spat on or off their lease.
- Access to Plants for Feed for "On-Growing" Operations
Under some circumstances aquaculturists need direct access to wild aquatic
plant resources to use as feed and these requests will be considered in the
context of traditional fisheries and ecological impacts.
- Access for Broodstock Development
The development and maintenance of broodstock may require the periodic
collection of finfish or shellfish from the wild. The quantities of animals
should be minimal, but sufficient to ensure genetic diversity. Access can be
for a number of reasons:
- In the research and development (R&D) phase where adults are collected for
the development of appropriate techniques to condition and spawn the fish, and
to obtain eggs and larvae for studies on early life stages;
- To establish a commercial broodline once culture techniques have been
developed; and
- To revitalize or expand existing broodstocks.
- To replace broodstock lost through catastrophic or natural events.
- Access for "On-Growing" and "Relaying"
The harvesting of wild juveniles for on-growing for aquaculture development
may be appropriate:
- For R&D studies conducted during the pre-commercial phase of development
in order to evaluate the potential of a new species. If conducted in tandem
with broodstock development, the time frame to commercialization can be
reduced. Examples of suitable topics for study could include, but not be
limited to, stocking density, growth rates, diets, fish health, etc.;
- Where hatchery technology does not exist or is cost prohibitive and the
animals can be harvested without detriment to the stock;
- Where the harvest for "on-growing" is biologically sound, economically
viable and consistent with conservation objectives; and
- For stocks from discrete areas where winter scouring may regularly kill
animals, or where water quality issues prevent a fishery from taking place.
- Collection of animals not deliberately placed on the lease
As part of ongoing operations, aquaculturists may collect wild animals:
- They may need to remove non-mammalian predators. Generally these species
are invasive and do not have commercial value, although there are exceptions
(e.g., manila clam in Pacific).
- While harvesting their crop, particularly bottom-reared species such as
oysters and clams, aquaculturists may have a "by-catch" of wild individuals of
the same species as the one being harvested. This could be the result of wild
stock on the lease when it was occupied or the settlement of spat during the
lease operation. It is impossible to avoid harvesting these wild animals, or
to distinguish wild individuals from ones placed deliberately on the lease.
- In order to facilitate access to a new lease and reduce conflict in
communities when there is significant stock of high value on a lease area, and
where a number of commercial fishers may be displaced, as a condition to
recommending its approval of a lease site, DFO or the province may require
that a specified species be harvested from the lease prior to its occupation.[2]
- Also while harvesting their crop, particularly finfish in some locations,
aquaculturists may have wild animals that have entered their nets at a small
size and matured in the cage alongside the farmed species. While it is easy
to distinguish the wild from the farmed species as they are different, it is
difficult or impossible to avoid harvesting the wild species along with the
farmed species. Catch and live release of the wild animals may be possible in
some circumstances.
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GENERAL POLICY AND APPROACH
Consideration of access
- In considering access requests, the first priority in managing fish stocks
is conservation, followed by First Nations obligations. Beyond that, the needs
of aquaculturalists will be given equitable consideration to those of other
users in the commercial and recreational sectors.
- DFO will aim to facilitate access for relatively low numbers of wild
juvenile or adult fish for limited time periods (e.g., for broodstock
development), where populations would face insignificant to low risk from the
additional harvest pressure:
- Where potential risk to stocks are found to be acceptable, aquaculturists
may be issued a fishing licence or permit, even when there are policies
otherwise prohibiting access (e.g., out of season), with appropriate
restrictions.
- Aquaculturists will be considered for access where there are limits to new
entries to a fishery. The holding of a fishing licence or permit will not
qualify the aquaculturist for consideration as a core fisher and will have
appropriate restrictions.
- Where IFMPs exist, aquaculturalists will be considered for limited access
to stocks (numbers, duration) as part of the management plan, with allocations
in addition to existing fisher allocations.
- Where specific capture techniques, seasons or size of animals are
required, DFO will facilitate the use of alternative gear (i.e., not included
under fishery regulations), out-of-season capture and undersize individuals,
based on criteria to be established by a National Working Group (Terms of
Reference in Annex II).
Fees and management costs
- Aquaculturists will be required to pay licence and other fees to the
Crown, consistent with policies for other participants in the fishery and
proportionate to the anticipated utilization of the resource.
- Where fisher groups are contributing financially to stock management,
research, etc., aquaculturists may be required to contribute financially to
the management group for access to stocks, consistent with policies for other
new entrants to the fishery.
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IMPLEMENTATION
Management of Access
Levels of access under this policy will always involve small numbers that
will not affect existing allocations; if requests exceed thresholds, they will
be managed through other fisheries management processes.
The regional aquaculture coordination (RAC) office will be the focal point
for implementation of this policy. All inquiries regarding access should be
directed there.
The approach that will be taken to authorizing access for aquaculturists can
be grouped into three categories:
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Category
1: Access allowed with no authorization required
Authorization will not be required for the following activities;
however, aquaculturists will be required to notify DFO annually if they expect
to, or do, access wild stocks.
Category 1 applies to:
- Spat collection of lease species on a suspension lease
- By-catch of wild shellfish of lease species on-lease.
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Category 2: Access authorized through fishing licence or permit on a routine
basis
Where harvest levels are insignificant to the wild stock and there are no
SARA implications, fishing licences or collection permits will be issued on a
routine basis to aquaculturists, on request and with appropriate conditions,
within 30 days of the fully documented request. These licences may have more
specific seasonal, TAC, or area requirements than a regular licence.
Category 2 applies to:
- Spat collection not covered in Category 1;
- Collection of wild aquatic plants for feed where request is for less than
0.1% of the TAC or 0.1% of harvest volumes where no TAC exists;
- Collection of wild finfish for broodstock development where the request is
for less than 0.1% of the TAC or 0.1% of harvest volumes where no TAC exists;
- Collection of shellfish for relaying;
- Collection and sale of specified nuisance species on lease; and
- By-catch of specified wild finfish in nets; by-catch retained and sold.
- Collection and disposal of specified nuisance species on lease, no sale
- By-catch of specified wild finfish in nets; by-catch not retained or sold
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Category 3:
Non-routine access authorizations
For all other types of access requests by aquaculturists, issuance of fishing
licences or experimental permits under section 4 of the Fisheries Act will be
considered under the Review Process outlined below. Where there are, or are
expected to be, several applications for similar access, access will be looked
at on a strategic basis, with individual requests then considered based on
access criteria that are developed. The total allocation will be limited by
conservation objectives.
Category 3 applies to:
- Collection of low volumes of wild finfish for broodstock development where
access may be contentious or does not otherwise fall under category 2;
- Collection of low volumes of wild aquatic plants for feed where the
request may be contentious or does not otherwise fall under category 2;
- Collection outside the wild fishery of wild finfish for on-growing;
- Collection of resources where wild fishery is under moratorium, or there
are SARA implications;
- Collection and sale of nuisance species on lease other than those covered
in Categories 1 and 2; and
- Bycatch of specified wild finfish in nets other than those covered in
Categories 1 and 2.
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Review
Process for Consideration of Category 3 Requests
Requests will be submitted in writing to the Regional Aquaculture
Coordination Office (RACO), either directly or via the model used for delivery
of services in the area outlining:
- the purpose of the request;
- the species and quantity of fish required;
- the location and time of year for the collection;
- the method of collection; and
- other relevant information required to evaluate the request.
The RACO will circulate to Fisheries Management for their advice, within 10
days, on completeness of information needed for the evaluation of the request,
and on the process that will be followed in reviewing the request (e.g., species
is part of an IFMP process; SARA species, levels requested are relatively high
compared to stock size). The RACO will then advise the applicants of receipt of
their proposal and any deficiencies in information within 15 days. They will
also provide the process and time frame to be followed in reaching a decision on
their request.
Once an application has been accepted as complete, the RAC will then
circulate the final application to Fisheries Management, Science Branches and
Environment Canada (when involves Species At Risk) for advice on in the
potential impact of the request on stocks.
- Unless there is an IFMP process, or another reason has been flagged up
front, the advice will be provided to the RACO within 30 days.
- In the case of an IFMP, FM will work with the RACO to ensure that the
request is considered within a reasonable time frame, and that the applicant
is invited to participate in the process as appropriate.
The RACO will then make a recommendation on access to the Regional Director
of Fisheries Management. Unless there is an IFMP, the applicant will be
notified of the decision in writing by the Regional Director General, generally
within 45 days of receipt of an approved application. If the request is
authorized, the notification will include conditions of approval in accordance
with the objectives of this Policy.
It is expected that DFO will issue licences and conditions pursuant to the
Fishery (General) Regulations as a means to authorize and control fishing
activities and resource access requests for aquaculture purposes (most often
Sections 22(1), 52, and 56).
In situations in which seasons are set out in regulations, Section 7(1) of
the Fisheries Act can be used to provide access outside of the normal fishing
season.
Where appropriate, the federal-provincial Introductions and Transfers
Committee should be involved at an early stage.
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National
Working Group on Access to Wild Resources
A National Working Group on Access to Wild Resources will be established.
The Terms of Reference for this Working Group can be found in Annex II.
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Implementation Date for Policy
Within 30 days of approval by the DMC Sub-committee on
Aquaculture
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ANNEX I: SUMMARY OF AQUACULTURE REQUIREMENTS, IMPACTS AND PROPOSED APPROACHES
ACCESS FOR CULTURE / DEVELOPMENT PURPOSES |
Situation |
Expected impact on fish stock |
Wild Fishery Interactions |
Proposed Policy |
Regulatory Issues |
1. Collection of spat of a "lease species" for grow-out or for sale
a) on-lease
b) off-lease |
Insignificant
|
No traditional wild fisheries
|
No authorization required.
Routine authorization. |
Gear, size, and season outside fishery regulations for some species.
|
2. Collection of wild aquatic plants for feed
a) relatively low level of harvest (less than .1% of TAC)
b) relatively high level of harvest (more than .1% of TAC)
|
Insignificant
Insignificant to low |
May be wild fishery |
Category 2; Routine authorization based on criteria1.
Category 3 authorization.
|
|
3. "Relaying" juvenile shellfish from winter scour areas or areas closed
due to contamination
|
Insignificant |
May be traditional fishers accessing for "fishery" leases (oysters) |
Category 2: Routine authorization based on criteria1. |
I&T concerns
CSSP concerns |
4. Collection of wild fish for broodstock development
a) less than .1% of TAC
b) more than .1% of TAC
c) collection from stocks at risk or where closed fishery
|
Insignificant
Insignificant
Insignificant to significant depending on numbers requested |
May be wild fishery
May be wild fishery
Fishery may be closed |
Access must be managed as part of IFMPs where they exist.
Category 2: Routine authorization based on criteria1.
Category 3 authorization.
Category 3 authorization based on criteria1. |
Gear, season and size limits under fishery regulations or practice may or
may not be appropriate.
Traceability
SARA implications |
6. Collection of nuisance non-mammalian species on-lease, for removal
a) for disposal, no sale
b) for sale |
Insignificant
Frequently invasive species |
Generally no existing wild fishery; particular animals not be accessible to
anyone other than leaseholder. |
For species not specified below, authorization may be considered through
Category 3.
Category 2: Routine authorization required for specified species[3].
Category 2: Routine authorization for specified species1.
|
|
7. "By-catch" of wild shellfish of "lease species" on-lease |
Insignificant |
May be a wild fishery |
Prior to recommending lease approval, DFO may wish to specify that some
species be purged from lease area before commencing operation on the lease.[4]
Once a lease is issued, natural sets as a result of new recruitment
become part of aquaculturist's production. No further authorization
required.[5]
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8. "By-catch" of species that have entered nets and are harvested along
with the target species
a) for disposal or release, no sale
b) for sale |
Insignificant |
May be a traditionally fished species but particular animals not accessible
to anyone but the aquaculturist.
|
For species not specified below, authorization may be considered through
Category 3.
Routine authorization required for specified species1.
Routine authorization for specified species1. |
|
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ANNEX II: TERMS OF REFERENCE FOR NATIONAL WORKING GROUP ON ACCESS TO WILD
RESOURCES (NCAWR)
Preamble
The long-term goal of the aquaculture industry is generally to minimize the
requirement for access to wild stock for culture purposes by becoming
self-sufficient. For species where the technology does not exist for hatchery
production or the cost of hatchery production is prohibitive, there continue to
be situations where access to wild stocks is essential to the development and
expansion of the Canadian aquaculture industry.
Pursuant to the Policy on Access to Wild Aquatic Resources, a National
Working group (NWGAWR) is being established to develop national criteria to
support the application of the policy in key areas, and to review the policy
after one year. The following clarifies membership, responsibilities and
secretariat functions of the NWGAWR.
Membership
Representation on the NWGAWR consists of:
1 |
representative from Aquaculture Management Directorate
(AMD), NHQ |
2 |
representatives from Resource Management NHQ (East Coast,
West Coast) |
1 |
representative from Aquaculture Science |
6 |
Regional Aquaculture Coordinators (one from each DFO Region) |
1 |
representative from Conservation and Protection |
1 |
representative from Legal Services |
1 |
representative from Communications (as needed) |
Responsibilities
The NWGAWR is responsible for:
- Developing national criteria in the following areas:
- Determining volume thresholds for an access request to be considered
"relatively" low level compared to stock size;
- For providing routine access to juvenile shellfish for relaying;
- To evaluate when "windfall profits" may occur and how this should be
managed (e.g., purging leases of certain species);
- For providing access to stocks where fisheries are closed, or there are
SARA concerns;
- Other issues that may arise;
- For the following areas, developing national species lists for those
species which may be harvested with (1) no authorization (Category 1), and (2)
routine authorization (Category 3).
- Nuisance species; and
- Finfish bycatch in cages.
- Development of general conditions of licences / permits for aquaculturists
- Evaluating and updating Policy, after one year and then subsequently;
- Development of recommendations to resolve emerging issues, as necessary
- Development of recommendations as necessary to adapt policy to any DAAP
outcomes.
Working Group Administration and Operations
Chair will rotate annually between the NCR and regions. The Working Group
will appoint the Chair. AMD will provide secretariat and support services.
The Working Group will:
- meet as required;
- maintain records of decision of meetings;
- develop and maintain a data base of access by aquaculturists, and
- develop annual Access Reports for distribution in the NCR and regions;
[1] For example, the province of British Columbia manages oyster fishery
and access to seed collection; provinces generally manage freshwater
fisheries. This policy does not alter any such previously determined
jurisdictional decisions or working arrangements.
[2] Where a valuable species is resident on a potential lease area, DFO and
the province may require that some of the animals of that species be removed
from the lease, prior to the occupation of the lease. It is not the intent
to remove all animals in a pre-lease harvest, but to allow a significant
portion of the economic value of the wild species to be accrued to the
public fishery. Where a pre-lease harvest must be completed before lease
occupation, the method of removal of the animals will be negotiated as part
of the lease agreement, based on criteria and conditions established by the
National Working Group which support the objective of providing sufficient
flexibility to meet local needs. Actions related to removal should be
included as part of the CEAA review for the site.
[3] Lists to be developed by National Committee
[4] Criteria to be established by National Committee
[5] i.e., the aquaculturist will be allowed to harvest residual stock and
animals that subsequently settle on lease
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FREQUENTLY ASKED
QUESTIONS
Q1. What is the objective of this Policy?
This Policy sets out a framework and criteria to assist
departmental staff tasked with addressing requests for access to wild aquatic
resources by aquaculturists. It recognises the need for aquaculturists to have
timely access to wild resources for the purposes of their operations. It
provides guidelines on how to address such requests in a manner that is
consistent with DFO's objectives to properly manage the fisheries resource.
This Policy also is consistent with the department's objective to support an
environmentally sustainable and economically viable aquaculture industry in
Canada. The applicable legislative and regulatory provisions must still be
complied with.
Q2: What is the scope of the Policy?
This Policy exclusively deals with direct access to wild
aquatic resources for aquaculture purposes. The Policy provides a framework and
sets criteria to be considered when requests for access are submitted. The
objective is to apply the Policy in a consistent manner across Canada, and does
not alter any existing arrangements or agreements entered into with First
Nations or the provinces.
Q3: What is the context of the Policy?
While the long-term goal of the aquaculture industry
generally is to minimise the requirement for access to wild stock for culture
purposes by becoming self-sufficient, there are several situations where the
access to wild aquatic resources may be necessary. Below is a list of
situations this Policy is designed to address:
- Access to shellfish "spat" and seed-stock on and off
the aquaculture lease
While some species of shellfish "spat" and seedstock can be obtained through
commercial hatcheries in various locations, gathering local spat from the wild
may be more cost effective for the grower, and for certain species, the only
source of supply.
- Access to plants for feed for "on-growing" operations
Under some circumstances, aquaculturists need access to wild aquatic plant
resources to use as feed.
- Access for broodstock development.
The development and maintenance of broodstock may require the periodic
collection of finfish or shellfish from the wild. The quantities of animals
should be minimal, but sufficient to ensure genetic diversity.
- Access for "on-growing" and "relaying"
On-growing (the culturing of fish captured from the wild, on or off lease) or
relaying (the harvesting of juvenile shellfish off-lease for culturing on
lease or from one lease to another) may be appropriate: a) for research and
development studies; b) where hatchery technology does not exist or is cost
prohibitive; c) where the collection for "on-growing" is biologically sound,
economically viable and consistent with conservation objectives; d) for stocks
from discrete areas where ice dredging the bottom during the winter months may
regularly kill animals; or, e) where water quality issues prevent a fishery
from taking place.
- Collection of animals not deliberately placed on the
lease
This may be necessary to: a) remove non-mammalian predators (e.g., invasive
species with no commercial value); b) to account for "by-catch" (e.g.
incidental harvest) of wild individuals of the same species as the one being
harvested; or c) to account for "by-catch" of wild individuals of different
species from the one being harvested (e.g., wild fish that have entered their
nets at a small size and matured in the cage alongside the farmed species, and
are difficult or impossible to avoid during harvesting).
Q4: How will allocations to a wild stock for aquaculture
purposes be addressed when there is an existing wild fishery for that stock?
Aquaculturists' needs for access to wild resources will be
given equal consideration to those of recreational and commercial fishers, and
will be undertaken in a fair and transparent manner. DFO's aim is to facilitate
access for relatively low numbers of wild juvenile or adult fish (usually less
than 0.1 % relative to the size of the total allowable catch or less than 0.1 %
of harvest volumes where no TAC exists) for limited time periods, where
populations would face insignificant to low risk from the harvest pressure. For
example, where a TAC exists, aquaculture allocations will be considered along
with other allocations to the other sectors (e.g., commercial, Aboriginal, and
recreational) within the TAC limits. Since the aquaculture allocations will
usually be negligible compared to the total TAC, the access requests for
aquaculture purposes are not expected to impact on existing users of the wild
resource.
Aquaculturists will be considered for access where there
are limits to new entries to a fishery; but due to appropriate restrictions of
such access, the holding of a fishing licence or permit will not qualify the
aquaculturist for consideration as a core fisher. As well, where Integrated
Fisheries Management Plans exist, allocations to aquaculturists will be included
within the plan.
The aquaculturists will have to comply with the applicable
legislative and regulatory requirements with respect to licences and fees.
Q5: How will aquaculturists be required to deal with
incidental harvest of wild species on their lease?
Subject to the terms of the licence or lease, during the
harvesting of shellfish, particularly bottom-reared species such as oysters and
clams, aquaculturists could be permitted to have a "by-catch" of wild
individuals of the same species as the one being harvested. This could be the
result of wild stock on the lease when it was occupied or the settlement of spat
during the lease operation. It is impossible to avoid harvesting these wild
animals, or to distinguish wild individuals from ones placed deliberately on the
lease.
Similarly for some finfish operations, aquaculturists may
have wild fish (e.g. Pacific salmon) that have entered their nets at a small
size and matured in the cage alongside the farmed species (e.g. Atlantic
salmon). While it is easy to distinguish between the wild and farmed finfish
species, it is difficult or impossible to avoid the wild species during
harvesting of the farmed species. Subject to regulatory requirements, live
release of the wild animals is preferred, where possible.
There is no intent in the Policy to create an incentive
for aquaculturists to allow by-catch. However, the Policy does allow DFO to
consider authorising aquaculturists, on a case-by-case basis, to retain and sell
small numbers of "by-catch". It should be noted that the incidental harvest of
non-target species occurs in all most every capture fishery. Any management
measures that are in place to control such by-catch will be applicable for
aquaculture operations.
In limited cases, where a valuable commercial species is
resident on a potential lease area, DFO and the province may allow a limited
opportunity for commercial fishers to harvest the lease-area prior to the lease
being granted. This harvest is intended to allow a significant portion of the
economic value of the wild species to be accrued to the public fishery. Removal
would occur prior to the aquaculturist taking occupation of the lease area, and
actions related to removal will be subject to the applicable provisions of the
Fisheries Act and Canadian Environmental Assessment Act.
Q6: How can stakeholders provide feedback or participate
in the review of the policy?
DFO will undertake a review (ending October 2005) to
identify and address gaps/issues with policy implementation. A national DFO
committee has been tasked with coordinating this review, and developing specific
directives as required.
If you wish to provide feedback, indicate an interest in
participating in the review of the Policy, or obtain additional information on
the Policy, please contact the DFO official in your region:
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CONTACT INFORMATION
DFO - National Capital Region
Sharon Ford
200 Kent Street
Ottawa, Ontario K1A OE6
Tel: (613) 990-1459 Fax: (613) 998-8262
Email:
FordS@dfo-mpo.gc.ca
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DFO - Pacific Region
Harpreet Gill
200 - 401 Burrard Street,
Vancouver, British Columbia V6C 3S4
Tel: (604) 666-2473 Fax: (604) 666-2336
Email:
GillH@pac.dfo-mpo.gc.ca
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DFO - Central & Arctic Region
Wayne Hyatt
867 Lakeshore Road,
Burlington, Ontario L7R 4A6
Tel: (905) 336-6236 Fax: (905) 336-6285
Email:
HyattW@dfo-mpo.gc.ca
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DFO - Quebec Region
Pierre Lauzier
104 Dalhousie Street, QBC
Québec City, Quebec G1K 7Y7
Tel: (418) 648-5923 Fax: (418) 649-8003
Email:
LauzierP@dfo-mpo.gc.ca
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DFO - Gulf Region
Maurice Mallet
343 Ave Université
Moncton, NB E1C 9B6
Tel: (506) 851-3176 Fax: (506) 851-2102
Email:
MalletM@dfo-mpo.gc.ca
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DFO - Maritime Region
Darrell Harris
Stn.B 620-1 Challenger Drive
Dartmouth, NS B2Y 4A2
Tel: (902) 426-3231 Fax: (902) 426-2706
Email:
HarrisD@dfo-mpo.gc.ca
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DFO - Newfoundland and Labrador Region
Geoff Perry
Northwest Atlantic Fisheries Centre
East White Hills Road, P.O. Box 5667
St. John's, Newfoundland and Labrador A1B 3K1
Tel: (709) 772-0183 Fax: (709) 772-4232
Email:
PerryG@dfo-mpo.gc.ca
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