Industry Knowledge and Experience
The fishing industry is one of the most important industries in British Columbia. As West Coast lawyers, the members of DuMoulin Boskovich LLP have been involved in the industry since the firm’s inception. Our roots in the industry are deep. Two of the firm’s partners come from families who owned and operated fishing boats.
Dealing with fishing issues involves knowledge and understanding of the industry and of the operation of small vessels in British Columbia waters. Our firm acts for many and various stakeholders in the commercial fishery in B.C., including fishing vessel owners and operators, fishermen, divers, processors, fish wholesalers and brokers, and fishing industry associations.
Key Fisheries Issues
Issues which often arise, and with which we are experienced, include:
• Transfers of ownership in vessels or licences - licences are often beneficially owned separately from the vessels, and in some fisheries the licences themselves have a far greater value than the vessels;
• Financing - because of the intangible nature of licences, complex and creative means have been developed to finance fishing ventures;
• Fishing agreements - often fishermen enter into agreements with fish buyers and processors to deliver the catch exclusively to them; in return the processor or buyer provides financing for operating expenses, or even for purchasing vessels, licences and equipment;
• Leases and Joint Ventures for Licences - It has become common for licence holders to lease their licences to other operators or enter into joint venture agreements for one or more seasons; sometimes the purpose is economies of scale, as for example running more than one licence on a vessel; other times it is because a vessel operator cannot purchase a licence. These temporary transfers of licences create difficult issues of protection for the licence owner.
• Sale or Lease of Quotas - In some fisheries quotas established by Fisheries and Oceans Canada can be transferred from one licence holder to Articles on Prof. Malpractice – Fishing
another, and appropriate agreements must be prepared.
Litigation and Dispute Resolution
Inevitably disagreements arise between participants in the fishing business as in any other business. We act as counsel in law suits involving disputes between people in the industry. Over the years we have acted in disputes over ownership of licences, arguments over the meaning of terms in fishing agreements, claims for damages for poor quality fish, faulty freezers, defaults under loan agreements, shareholder disputes, and generally every aspect of the fishing industry.