The Nuu-chah-nulth First Nations, whose herring-roe fishery has been closed since 2006, went to court last month seeking the injunction. The ruling has prompted the Haida First Nation to threaten similar court action. The First Nations say the fisheries should not be opened because they have not recovered enough to allow safe harvesting.

The decision came after an internal memo revealed Fisheries Minister Gail Shea overruled recommendations of scientists in her own department. The DFO memo revealed that department experts had recommended maintaining the herring fisheries closure for the 2014 season, and that Shea had nonetheless recommended opening the fishery in three disputed areas.

The memorandum to the minister, written by the federal herring co-ordinator in Vancouver, and signed by David Bevan, the DFO associate deputy minister, was based on recommendations of scientists and B.C. herring managers.