Shellfish Harvesters Fined, Banned From Fishing
Courtenay, British Columbia – Canada’s marine species are a precious resource and Fisheries and Oceans Canada (DFO)’s mandate is to help sustain and protect them, now and for the future.
On February 14, 2025, in Courtenay Provincial Court, the Honourable Judge B.E. Hutcheson found Richmond resident Diosa Delacruz guilty of retaining more than the daily quota for clams and oysters and for fishing without a British Columbia (B.C.) Tidal Waters Sport Fishing Licence. Ms. Delacruz was fined a total of $5,000 and was banned from fishing for one year. Her fishing companion, Nanaimo resident Rosemarie Allam, was found guilty by the Honourable Judge D.M.D. Stewart, in an earlier court appearance in August 2024, of daily quota violations, and for failing to comply with her conditions of licence. She was fined a total of $4,500 and received a two-year fishing ban.
The case resulted from an inspection by fishery officers in the Baynes Sound Recreational Shellfish Harvest Reserve (RSR). DFO fishery officers support the Department’s ongoing efforts to protect and sustain Canada’s marine resources through regular patrols and by enforcing the Fisheries Act and its regulations, including by carrying out investigations and laying charges against alleged offenders.
In May 2024, the two offenders were found harvesting shellfish in the Baynes Sounds RSR, a designated section of Crown Land where commercial shellfish harvesting has been excluded or limited to support recreational harvesting. The area, between Buckley Bay and Union Bay on Vancouver Island, covers approximately 14 hectares, is easily accessible from the road at low tide, and is often the site of illegal harvesting and over-retention.
On May 25, 2024, both Ms. Delacruz and Ms. Allam were found to have harvested and retained a collective total of 262 Manila Clams and 151 oysters, with 222 of the clams under the legal size limit. The daily possession maximum number of Manila Clams that can be retained is 60, and 12 for oysters.
It is everyone’s responsibility to know the rules before they engage in any fishing activities, and to play their part in ensuring that B.C.’s shellfish populations and their habitats are protected and sustained. The minimum size limit of 35 mm for Littleneck and Manila clams in the recreational fishery ensures that the clams will spawn at least once before they reach the legal size limit. Harvesting undersize clams threatens conservation as it impacts their ability to re-populate the beach, creating an unsustainable fishery that could result in management changes or fisheries closures.
Not possessing a valid fishing licence (and non-compliance with licence conditions in general) inhibits effective management of the fishery and undermines DFO’s ability to pursue conservation-based management measures. Unlicensed harvesting can deplete the resource, remove the opportunity for other licensed harvesters and threaten the significant economic and social benefit to coastal communities, including recreational fisheries, tourism, the livelihood of commercial harvesters and traditional food sources for Indigenous people.
https://www.canada.ca/en/fisheries-oceans/news/2025/03/two-recreational-shellfish-harvesters-receive-fines-and-fishing-bans.html