An Ontario man was found guilty of catching and retaining oysters over the daily limit, and fishing without a valid licence in Courtenay Provincial Court last month.

Honourable Judge B. Hutcheson found Raul Dumelod guilty related to an Aug. 2024 incident in Buckley Bay. Dumelod, a resident of Scarborough, Ont., was fined a total of $5,500.

The case arose from a routine inspection by DFO Conservation and Protection Directorate officers. These officers support DFO's efforts to rebuild, protect and sustain fish and shellfish populations through regular patrols. 

According to a report on the DFO website, on Aug. 29, 2024, fishery officers were patrolling near the Buckley Bay/Union Bay area on Vancouver Island in an unmarked patrol vehicle during the low tide. The officers observed Dumelod with a large bucket and spoke to him to confirm that he had been harvesting shellfish on the beach, and had a valid licence. The officers subsequently found that Dumelod had two other buckets in his van filled with oysters. However, he could not produce a valid licence.

"Fishery officers found 312 oysters, which is 300 more than the daily limit of 12," the report says.

"Over-harvesting of Pacific oysters may lead to local depletion of the resource, negatively impacting the sustainability of Pacific oysters on the beach, and negatively impacting the future harvest opportunities at the site for legal harvesting by First Nations, recreational harvesters, or commercial harvesters," the report says.

Vancouver Island has more than 330 contaminated closed areas.

"All areas in the Pacific are closed due to possible contamination unless an approved water quality and biotoxin testing program is in place to ensure that the bivalves in the area are safe for consumption. The consumption of bivalves from areas closed due to contamination concerns or biotoxins could result in illness or death of the consumer," the report says.

"The area where Mr. Dumelod was harvesting was clearly marked as a commercial oyster lease with no harvesting permitted. Further signage in the area indicated that recreational oyster harvesting was permitted 0.3 km northwards, where harvesting is legal."

If a person becomes sick or dies from the consumption of bivalves, and there is no way to pinpoint the source, the DFO website says. Widespread closures of all harvests may become necessary, which may have economic implications for all intertidal bivalve fisheries.

The report adds that knowing the rules is "everyone's responsibility," and that "It is especially important for tourists to make sure they are fully informed of the rules on where and what they can fish and, in the case of shellfish, where harvesting poses a risk to human health."

The confiscated oysters were successfully reseeded on the appropriate beach, near the edge of the water.

Information on open and closed areas, daily limits and licensing information can be found on the DFO website.