Cultivated Shellfish Exempt from Fishery Rules

Summary#

These final regulations (SOR/2021-101) change the way some federal fishery rules apply to shellfish raised in aquaculture. They exempt cultivated mussels, clams, oysters and scallops from parts of the Atlantic Fishery Regulations, 1985 and exempt cultivated oysters from parts of the Maritime Provinces Fishery Regulations, allowing more routine, year‑round aquaculture operations. The rules came into force on May 14, 2021.

What it does#

• Changes the Atlantic Fishery Regulations, 1985 so cultivated Atlantic salmon, and cultivated clams, mussels, oysters and scallops found in or taken from an aquaculture facility are not subject to those regulations’ harvest close times and size limits.
• Changes the Maritime Provinces Fishery Regulations to exempt cultivated oysters from the parts of the regulations that used to apply to them, and updates the provincial law reference for Nova Scotia.
• Removes the need for many aquaculture operators to ask the federal government for special variation orders or off‑lease maintenance authorizations to do routine activities (like moving, cleaning, sorting or harvesting cultivated shellfish).
• Leaves federal and provincial controls over wild shellfish harvesting unchanged.

Who's affected#

• Shellfish aquaculture operators (oysters, mussels, clams, scallops) in Atlantic Canada and Quebec are the main group affected.
• Small aquaculture businesses are likely to notice the change because many are small-scale operators.
• Fisheries and Oceans Canada (DFO) will process fewer exemption requests and related paperwork.
• Wild shellfish harvesters are not directly relieved of conservation rules; existing rules for wild stocks remain in place.
• Indigenous groups in the region were consulted; none raised formal objections during the process.

Why it matters#

• Operators can harvest and carry out routine maintenance more easily and year‑round, which can improve efficiency and market access.
• The government estimated increased producer profits from expanded summer harvest days for oysters in New Brunswick and Prince Edward Island of $1.8 million to $3.3 million over 10 years (about $0.3 million to $0.5 million per year).
• Less paperwork and fewer special permission requests for producers. DFO will also save administrative effort.
• The change aims to reduce a regulatory barrier to shellfish aquaculture while keeping protections for wild shellfish populations intact.