september/go COMMERCIAL FISHING LICENSING POLICY: DISCUSSION PAPER A.".. ~ 1-*-1 Fisheries Peches et Oceans Can a -dl+i ...

Transcription

1 september/go,., COMMERCIAL FISHING LICENSING POLICY: DISCUSSION PAPER..,.... A.".. ~ 1-*-1 Fisheries... and Oceans Peches et Oceans Can a -dl+i a

2 PAC~F~C COAST COMMERCIAL FISHING LICENSING POLICY: DISCUSSION PAPER

3 Commercial Fishing Licencing Policy: Discussion Paper Pacific Coast c o N T E N T s Chapter 1 INTRODUCTION Purpose of Policy Document... 1 Why Licence?... 1 What is a Commercial Fishing Licence?... 2 The Goals... 3 The Authority...,... 3 Licences and General Conditions... 3 Licence Suspension/Cancellation... 4 Chapter 2 THE POLICY Definitions... 5 Commercial Fishing Licences... 7 A. Licence Categories - A, B, C, D... 7 B. General Authorities... 7 C. Annual Licences... 8 D. Application for Licences Vessel Licences Personal Licences Using a Vessel Personal Licences Without a Vessel... 9 Personal Commercial Fishing Licences... 9 Registration of Fishing Vessels Change of Ownership Replacement of Vessels Change in Vessel for Licences Issued to Persons Nomination of New Licence Holders For Licences Issued to Persons A. Table Overall Length Conversion Table B. Table Fee Schedule C. Table Schedule II Category C Licence D. Table Schedule III Category Z Licence - Fishing with a Vessel E. Table Category Z Licence - Fishing without a Licence F. Table Personal Commercial Fishing Licence - Proof of Identity, Citizenship, or Resident Status september/go

4 Pacific Coast Commercial Fishing Licensing Policy: Discussion Paper Chapter 3 INDIVIDUAL CATEGORIES - HISTORY AND CONDITIONS OF LICENCE Category A - Salmon Category B - Salmon Category N - Salmon Category C - General Species Category 0 - PackingfTransport Category E - Abalone Category G - Geoduck and Horse Clam Category H - Roe Herring Category J - Spawn-On-Kelp Category K - Sablefish (Black Cod) Category L - Halibut Category P - Processor Category R - Crab Fishery Category S - Shrimp Trawl Category T - Groundfish Trawl Category Y - Export Licence Category Z - Special Fisheries Chapter 4 APPEAL PROCESS History Size and Membership Form of Appeals Chapter 5 ISSUES Categorization of Licences New Limited Entry Licence Categories Vessel Replacement Rules Licence Fee Rationalization A. Table Licence Fees and Revenues Impact of Individual Quota Fisheries on Licensing Indian Commercial Licence Policy Prohibition Against Licence Splitting and Licence Stacking Inactive Licences/Fishing Privileges Single Gear Licensing in the Salmon Fishery B. Table Number of Licenced Vessels in the B.C. Commercial Salmon Fleet Reporting Landings by Gear Category Area Licensing Tax Incentives and Boat Building Subsidies september/90

5 Commercial Fishing Licencing Policy: Discussion Paper Pacific Coast c H A p T E R 1 INTRODUCTION PURPOSE OF POLICY DOCUMENT This report is intended to provide the commercial fishing industry and any others who may have interest, with a clear, consistent statement of Fisheries and Oceans' policy respecting licensing in the commercial fisheries on the Pacific Coast of Canada. By setting out clearly what presently exists, it is expected to assist those who may take on the responsibility of discussing or evaluating changes, whether they are advisors or representatives of government. The final chapter of the report gives a brief outline of some major policy issues. licensing is one of the basic tools the Department of Fisheries and Oceans has to manage commercial fisheries. Given that entry limitation was first introduced on this coast just over 20 years ago, it is timely that the Department take a good look at how licensing has developed and is working now, and where licensing policy should be going in the future. The purpose of this document is to provide a focus for discussion, for both industry and government. WHY LICENCE? Fish are considered a "common property" resource with "open access" to all Canadians and landed immigrants. This means that, in principle, anybody who wants to fish should be free to do so. Subject to certain rules anyone can fish for recreation. Additionally, Indians are permitted to fish for food and social/ceremonial purposes. The commercial fishery, however, has largely been limited and access is controlled. Given the common property principle, many have asked why. In other natural resource industries such as forestry, mining or farming, private interests can be assigned and persons can own a specific area of land. They are then left free, subject to some limited amount of regulation, to manage the resources on or under the land. By contrast, september/go

6 Pacific Coast Commercial Fishing Licensing Policy: Discussion Paper in fishing, assignment of bodies of open ocean water to private interests in order to control or manage the resource is not possible. What would happen then if the fishery were to be left free to take place without regulation? Too many fishermen will be attracted, resulting in what economists call "the fishermen's problem" or "the tragedy of the commons". Simply put, any fishery that is unlimited will make itself unprofitable overtime because too many people will exploit the common resource. The simplest and most straightforward restriction limits the numberoffishermen or vessels able to fish. This is done in most countries by controlling access through fishing licences. On the Pacific Coast of Canada all commercial fisheries are now licensed in some way, and in many, the number of licences has been limited. Entry limitation is not, in itself, a complete solution to the problems confronting the commercial fisheries. It does provide a gross method of co ntrol. Means to accomplish fine tuning overtime is likely to be the greatest challenge facing commercial fisheries in the next decade. The requirement for fleet rationalization is common to almost all of the commercial fisheries. WHAT IS A COMMERCIAL FISHING LICENCE? A "fishing licence" is an instrument by which the Minister of Fisheries and Oceans, pursuant to his authority underthe Fisheries Act, grants permission to a person (an individual oracompany) to harvest certain species offish, subject to certain conditions attached to the licence. A licence is in no sense a permanent authority to fish; what the licensee essentially acquires is a limited fishing privilege rather than any kind of absolute or permanent right. september/go

7 Commercial Fishing Licencing Policy: Discussion Paper Pacific Coast THE GOALS The basic objectives of Commercial Fishing Licensing Policy are: I. to facilitate responsible management and conservation of fisheries resources; II. to promote the stability and economic viability of fishing operations; III. to facilitate cost recovery for the management and enhancement of the resource; IV. to facilitate necessary data collection for regular administration, enforcement, and planning purposes. THE AUTHORITY The Constitution Act, 1867 (British North America Act), gives the Federal Government authority to regulate all marine and inland fisheries. With respect to licensing, however, the Federal mandate is restricted to tidal waters except where the purpose of the licence is clearly for conservation. LICENCES AND GENERAL CONDITIONS At present licences may specify anyone or more of the following conditions: I. the species and quantity of fish that may be caught; II. the type, quantity, size and length of fishing gear that may be used; II I. the authorized area and location of the commercial fishing; IV. the form and manner of submitting catch and fishing data; and V. any other terms and conditions. september190

8 Pacific Coast Commercial Fishing Licensing Policy: Discussion Paper LICENCE SUSPENSION/CANCELLATION The Fisheries Act provides for the suspension or cancellation of any lease or licence issued under the authority of the Act ifthe Minister has ascertained thatthe operations underthe lease or licence were not conducted in conformity with its provisions; and no legal proceedings underthis Act have been commenced with respect to the operations under the lease or licence. Compliance with the Fisheries Act and all regulations made under authority of the Act is now a condition of all fishing licences. This means that a conviction for any offence under the Act could lead to licence suspension or cancellation. september/go

9 Commercial Fishing Licencing Policy: Discussion Paper Pacific Coast c H A p T E R 2 THE POLICY The following is an description of the policy as it exists at the time of printing. It should be used for reference only. Anyone who is uncertain regarding a decision about commercial fishing licence policy is urged to contact the Pacific Licensing office in Vancouver or in Prince Rupert for information or to confirm the current policy. All regulations which may relate to licensing will take precedence over this report. DEFINITIONS "Act" means the Fisheries Act; "Department" means Department of Fisheries and Oceans; "commercial fishing" includes the fishing for, catching, processing, packing and transporting of fish, all or any portion of which is intended to be sold, traded, bartered, or used as bait in commercial fishing; "commercial fishing licence" means a document issued: I. to a person authorizing that person to engage in a fishery for a named species of fish, using a specified vessel and specified gear, and other conditions which may be needed for proper management; or II. to a commercial fishing vessel, specifying the category of commercial fishing that the vessel is authorized to engage in, the species of fish that may be caught and the gear to be used in accordance with the terms of that document; "commercial fishi ng vessel" means a vessel for which a registration certificate and a commercial fishing licence have been issued; septemberl90

10 Pacific Coast Commercial Fishing Licensing Policy: Discussion Paper "fishery office" means any district or subdistrict office of the Department and includes the Regional Head Office in Vancouver; "identification plate" means a metal plate with a serial number issued by the Minister to be displayed by a vessel designating that vessel as a commercial fishing vessel; "net tonnage" means I. in the case of a vessel registered under the Canada Shipping Act, the registered net tonnage shown on that vessel's certificate of registry, or II. in the case of a vessel licensed underthe Canada Shipping Act, the allowable nettonnage assigned according to the overall length of the vessel; (See Table 2.1); "operator" means a person who is in charge of a commercial fishing vessel; "overall length" is defined for Department of Fisheries and Oceans' licensing purposes, as the horizontal distance measured between perpendiculars erected at extreme ends of the vessel. Overall length measurement will not include bowsprits, anchor rollers or leads, stern rollers, deck extension platforms or hull guards; "owner" means a person in whose name a vessel is registered as a commercial fishing vessel; "personal commercial fishing licence" means a document issued to an individual authorizing that individual to engage in commercial fishing; "retired" with respect to a vessel, means a vessel that is no longer eligible to participate in the commercial fishery; "temporary personal commercial fishing licence" authorizes an individual to engage in commercial fishing for a specified period; "validation tab" means a tab issued with a commercial fishing licence that indicates the year and fishery for which that licence is valid. september/go

11 Commercial Fishing Licencing Policy: Discussion Paper Pacific Coast COMMERCIAL FISHING LICENCES Licence Categories The categories of commercial fishing licences that may be issued in respect of commercial fishing are: (see Table 2.2 for fee schedule) Category A Category B Category N Category C Category D Category E Category G Category H Category J Category K Category L Category P Category R Category S Category T Category Y Category Z - Salmon - Salmon - Salmon - Fishing for the species of fish listed in Schedule II (see table 2.3) - Packing - Abalone - Geoduck and Horse Clam - Roe Herring - Herring Spawn on Kelp - Sablefish - Halibut - Processor - Crab - Shrimp trawl - Groundfish trawl - Export - Special fishery (see Tables 2.4 and 2.5) General Authorities Any registered commercial fishing vessel may engage in packing. Any registered commercial fishing vessel, other than a vessel licensed in Categories D, P or Y or designated to fish under authority of a category E or H licence may also fish for C licence species. septemberl90

12 Pacific Coast Commercial Fishing Licensing Policy: Discussion Paper Annual Licences A commercial fishing licence expires on December 31 of the year for which it is issued. Application for Licences I. Vessel Licences A commercial fishing licence and accompanying validation tabs for categories A, B, C, D, G, K, L, P, R, S, Tor Y may be issued for a commercial fishing vessel, if A. the owner applies on or before December 31 in the year for which the licence is being sought, and pays the applicable fee set out in regulation. B. the vessel meets the conditions of the category of licence sought; and applicable requirements of the Fish Inspection Regulations. II. Personal Licences Using a Vessel A commercial fishing licence and accompanying validation tabs for Category E, H, N or Z may be issued to a person, if A. that person 1. applies in respect of Category E, N, or Z, on or before December 31 in that year; or 2. applies in respect of Category H, on or before January 15 in that year; 3. pays the applicable fee set out in regulation, and meets all requirements for the licence category. septem ber/go

13 Commercial Fishing Licencing Policy: Discussion Paper Pacific Coast B. the vessel that the person intends to use meets the conditions of the category of licence sought, and applicable requirements of the Fish Inspection Regulations. III. Personal Licences Without a Vessel A commercial fishing licence may be issued to a person for Category J or Z, if, that person A. applies on or before December 31 in the year for which the licence is being sought; B. pays the applicable fee set out in regulation; and C. meets any special requirements for the category of licence sought. Personal Commercial Fishing Licences A person who is 16 years of age or older must hold a personal commercial fishing licence (PCFL) I. to fish for commercial purposes in tidal waters; II. to be on board a commercial fishing vessel that A. is being used in commercial fishing, or B. leaves a port or place in the Province of B.C. to engage in commercial fishing. A person who is less than 16 years of age may engage in commercial fishing if accompanied by a person who holds a personal commercial fishing licence. An application for a personal commercial fishing licence may be made at any fishery office. septemberl90

14 Pacific Coast Commercial Fishing Licensing Policy: Discussion Paper An applicant for a personal commercial fishing licence must: I. prove his identity and Canadian citizenship or landed immigrant status A. on his first application, by submitting a primary and a secondary document as listed in Table 2.6, and B. on any subsequent application by establishing that he held a personal commercial fishing licence previously and by submitting a secondary document as proof of identity; and II. pay the fee set out in regulation. A person on his first application for an annual personal commercial fishing licence may, in lieu of submitting a primary document as listed in Table 2.6, submit a statutory declaration attesting to his identity and citizenship. A personal commercial fishing licence expires I. in respect of an annual licence on December 31 of the year for which the licence was issued; or II. for a five year licence, five years from date of issue. A temporary Personal Commercial Fishing Licence is valid for a specified period. As a matter of policy, a guest pass, valid for 72 hours, may be issued to persons who will be aboard a commercial fishing vessel as an observer only. A personal commercial fishing licence must be carried by the holder whenever he is engaged in commercial fishing and must be produced on demand. A person may hold only one personal commercial fishing licence. september/go

15 Commercial Fishing Licencing Policy: Discussion Paper Pacific Coast A personal commercial fishing licence that has been lost or destroyed may be replaced where the person to whom the licence was issued I. submits a declaration to that effect; and II. pays the applicable fee set out in regulation. REGISTRATION OF FISHING VESSELS A vessel that is to be used in commercial fishing must first be issued a CFV registration certificate, and identification plate. An application to register a vessel must be signed by the owner and supported by the following documents; I. eitherthe Bill of Sale forthe vessel and copy ofthevessel's licence, if the vessel is licensed under the Canada Shipping Act, or by a copy of the vessel's certificate of registry, if the vessel is registered under the Canada Shipping Act; II. III. IV. a copy of the fish hold inspection report establishing that the vessel meets the requirements of the Fish Inspection Regulations; a report by a Marine Surveyor stating the overall length, depth and breadth of the vessel with a current side profile photograph of the vessel signed and dated by the owner or marine surveyor; and a registration fee as set out in regulation. A CFV fishing registration certificate cannot be issued in respect of a vessel unless the owner orthe vessel meets the conditions for a commercial fishing licence forthe category in which the vessel will be used; and the vessel is licensed or registered under the Canada Shipping Act. septemberl90

16 Pacific Coast Commercial Fishing Licensing Policy: Discussion Paper A registration certificate is issued for a vessel that has been registered as a commercial fishing vessel together with two numbered identification plates. These plates are to be permanently affixed to each side of the bow, the pilot house or the deck cabin. The CFV registration certificate must be carried on board the vessel at all times it is engaged in commercial fishing, and be produced on request. The identification plates and fishing registration certificate of a vessel are property olthe Crown and must be surrendered to a fishery office whenever the vessel is no longer eligible for a commercial fishing licence. Where any of the vessel particulars set out in the vessel registration certificate do not reflect the true particulars of that vessel, then I. the vessel registration certificate is invalid and the vessel is deemed to be no longer registered; II. III. any licences issued naming that vessel are invalid; and all documents issued to that vessel or to a person designating that vessel, are to be returned to the Crown forthwith. A commercial fishing vessel which has been modified will for the purpose of this policy, be considered a different vessel and must be relicensed and registered at the new size. CHANGE OF OWNERSHIP The sale of a commercial fishing vessel must be reported in writing by the new owner within 30 days and be supported by the following I. the Bill of Sale for the vessel, or september/90

17 Commercial Fishing Licencing Policy: Discussion Paper Pacific Coast II. a copy of the Certificate of Registry or licence for the vessel issued under the Canada Shipping Act. All commercial fishing licences are validforthe period forwhich they are issued notwithstanding the ownership of the vessel may have changed. Where validation tabs have also been issued, these must remain affixed to that vessel and the licence documents kept aboard the vessel at all times. Registration documents as well as vessel licences and tabs and must remain with the vessel. REPLACEMENT OF VESSELS Categories A, C, G, K, L, R, Sand T I. An application to replace a commercial fishing vessel may be made by the owner of the vessel to be replaced, and must be accompanied A. in respect of the vessel to be replaced, by the following 1. registration certificate, 2. identification plates, 3. all commercial fishing licences, 4. all current year validation tabs, 5. Transcript of Registry if the vessel is registered under the Canada Shipping

18 Pacific Coast Commercial Fishing Licensing Policy: Discussion Paper 6. statutory declaration if the vessel is licensed under the Canada Shipping Act declaring the owner of that vessel, listing all liens and encumbrances against that vessel, and a. proof of notification, to all holders of liens and encumbrances, of the intent to transfer the commercial fishing licence eligibility; and, b. a copy of a Marine Surveyor's Report showing the overall length, overall breadth, and overall depth of the vessel with a current side profile photograph of the vessel signed and dated by the owner or marine surveyor; and B. in respect of the replacing vessel, by the following 1. the Certificate of Registry or Registered Bill of Sale if the vessel is registered under the Canada Shipping Act, 2. the Bill of Sale and licence certificate ilthe vessel is licensed under the Canada Shipping Act, 3. a copy of the fish hold inspection report establishing that the vessel meets the requirements of the Fish Inspection Regulations, 4. a copy of a Marine Surveyor's Report showing the overall length, overall breadth, and overall depth of the vessel and with a current side profile photograph of the vessel signed and dated by the owner or marine surveyor, 5. an application to register and to licence that commercial fishing vessel accompanied by the appropriate fee as set out in regulation. II. A replacing vessel will not be registered as acommercial fishing vessel unless the vessel does not exceed september/go

19 Commercial Fishing Licencing Policy: Discussion Paper Pacific Coast 11!t{lil;\ji!iill~'ii; A. the overall length of the replaced vessel, or B. in the case of a vessel with a Category A licence, the overall length and net tonnage of the replaced vessel. III. IV. Where a commercial fishing vessel, eligible for more than one commercial fishing licence, is being replaced, eligibility for all licences must be transferred to the replacing vessel. ("No splitting rule") No commercial fishing vessel may have more than one vessel licence of the same category. In addition, an N category licence cannot be designated to be fished by a vessel that is already eligible for a category A or B. ("No stacking rule") V. The owner of a commercial fishing vessel with a Category C licence may obtain a commercial fishing licence of another category for that vessel if, prior to the issue of the other category licence, the Category C licence and validation tabs are surrendered or the C licence eligibility transferred to another vessel. VI. The owner of a commercial fishing vessel with a Category D licence may obtain a commercial fishing licence of another category for that vessel if, prior to the issue of the other category licence, the Category D licence, validation tabs and identification plates are surrendered to the Department. VII. A. Where a commercial fishing vessel is lost or destroyed or determined by the Minister to be a constructive total loss, the person who was the owner of that vessel at the time of loss, may, on or before December 31 st nextfollowing the second anniversary of the date of loss, apply to the Minister to replace the lost vessel. B. Where an application to replace a lost vessel licensed in any category, is not made within the specified time period, eligibility for a licence may cease. september/go

20 Pacific Coast Commercial Fishing Licensing Policy: Discussion Paper VIII. In the case of a vessel that has been lost or destroyed, or so damaged that it is unusable as a commercial fishing vessel, the Minister may, on receipt of an application made by the owner approve the temporary licensing ofa replacing vessel under the followinconditions: A. in the year the vessel was lost, destroyed or damaged, a licence may be issued for a replacing vessel named by the applicant, that is equipped with the same gear type as that of the replaced vessel, and B. forthe year next following, on receipt of a second application made by the owner of the replaced vessel, a licence may be issued for the same or an alternate replacing vessel, notwithstanding that the replacing vessel in either season may be somewhat greater in overall length or net tonnage. CHANGE IN VESSEl FOR LICENCES ISSUED TO PERSONS Categories E, N or Z I. An application to change the vessel designated to be fished under authority of a commercial fishing licence issued to a person must be made by the licence holder. This application must be accompanied; A. for the vessel to be replaced, if it is being retired, with the registration certificate and identification plates, B. forthe applicant, with the commercial fishing licence and current year validation tabs and tags if used for net identification, and september/go

21 Commercial Fishing Licencing Policy: Discussion Paper Pacific Coast C. forthe replacing vessel, if it is not registered as a commercial fishing vessel with 1. the Certificate of Registry or Registered Bill of Sale if the vessel is registered under the Canada Shipping Act, 2. the Bill of Sale and licence certificate if the vessel is licensed underthe Canada Shipping Act, 3. a copy of the fish hold inspection report establishing that the vessel meets the requirements of Schedule III to the Fish Inspection Regulations, and 4. an application to register that vessel as a commercial fishing vessel. NOMINATION OF NEW LICENCE HOLDERS FOR LICENCES ISSUED TO PERSONS I. Roe Herring (H) licence holders of record may indicate their intention to no longer apply for a licence by completing a form provided by the department. Where such an intention is stated, the Minister may consider issuance of the licence to another person nominated by the retiring licence holder. Forms naming individuals as thedesired new licence holder would be administered by the Pacific Region under delegated Ministerial authority. II. III. IV. All applications for a roe herring licence must be signed by the licence holder of record. To encourage individual participation in the roe herring fishery, corporate licence holdings will be restricted to the levels indicated by the 1988 survey of roe herring licence holdings. Where a licence holder nominates a company to take his place, the application will be subject to review to ensure that these levels are not exceeded. Reduced fee roe licence holders of record (Natives) may also indicate their intention to no longer applyfora licence privilege butthe person nominated by the licence holder must be a Status Indian. Exceptions to this policy may be considered by the Minister. september/go

22 Pacific Coast Commercial Fishing Licensing Policy: Discussion Paper!!!llil!II';!! TABLE 2.1 OVERALL LENGTH CONVERSION TABLE under 6.10m = 2.83m 3 not less than 6.1 Om but less than 7.31 m= 5.66m 3 not less than 7.31 m but less than 8.23m = 8.49m 3 not less than 8.23m but less than 9.14m= 11.32m 3 not less than 9.14m but less than 9.75m = 14.15m 3 not less than 9.75m but less than 10.36m = 16.98m 3 not less than 10.36m but less than 10.98m = m 3 not less than 10.98m but less than 11.58m = 22.64m3 not less than 11.58m but less than 12.19m = 25.47m 3 not less than 12.19m but less than 12.85m = 28.30m3 not less than 12.85m but less than m = 31.13m 3 not less than m but less than 14.22m = 33.96m 3 not less than 14.22m but less than 14.93m = 36.79m3 not less than 14.93m but less than 15.42m = 39.62m3 (under 19'11" = 1 net ton) (20' - 23'11" = 2 net ton) (24' - 26'11" = 3 net ton) (27' - 29'11" = 4 net ton) (30' - 31'11" = 5 net ton) (32' - 33'11" - 6 net ton) (34' - 35'11" = 7 net ton) (36' - 37'11" = 8 net ton) (38' - 39'11" = 9 net ton) (40' - 41'11" = 10 net ton) (42' - 43'11" = 11 net ton) (44' - 46'11" = 12 net ton) (47' - 48'11" = 13 net ton) (49' - 49'11" = 14 net ton) september/go

23 Commercial Rshing Licencing Policy: Discussion Paper Pacific Coast TABLE 2.2 FEE SCHEDULE Registration/Licences I. Registration of Vessel (CFV) Fee $10.00 II. Commercial Fishing Licences - Annual Category A Salmon - where the vessel is A. less than 9.14 m in overall length B. not less than 9.14 m in overall length but less than m a C. not less than m a D. of any length fishing by means of purse seine Category A - Salmon - issued to an Indian or the Northern Native Fishi ng Corporation if elected under section 19 of the Pacific Fishery Regulations, Category N - Salmon Category B - Salmon Category C - Species listed in Schedule II Category D - Packing Category E - Abalone Category G - Geoduck and Horse Clam Category H - Roe Herring - operating a A. gillnet B. seine net

24 Pacific Coast Commercial Fishing Licensing Policy: Discussion Paper TABLE 2.2 cont. FEE SCHEDULE Registration/Licences Category H - Roe Herring - issued to Indian Category J - Herring Roe on Kelp A. non-indian B. Indian or Band Category K - Sablefish Category L - Halibut Category P - Processor Category R - Crab Category S - Shrimp Trawl Category T - Groundfish Trawl Category Y - Export Category Z - Special Fishery A. Vessel B. Person Fee , Free III. Personal Commercial Fishing Licence annual five years temporary - specified term replacement - (annual or five years) IV. Replacement validation tab identification plate commercial fishing licence registration certificate free

25 Commercial Fishing Licencing Policy: Discussion Paper Pacific Coast ~1i1ft~j~r!iltf1~: TABLE 2.3 SCHEDULE II CATEGORY "C" LICENCE Species Gear Spiny dogfish Skate Flounder and Sole species Lingcod (Ophiodon elongatus) Pacific Cod (Gadus macrocephalus) Turbot Tuna Sturgeon Smelt Eulachon hook and line hook and line hook and line hook and line hook and line hook and line hook and line, purse seine or gill net troll or gillnet gillnet or set net gillnet or set net septemberl90

26 Pacific Coast Commercial Fishing Licensing Policy: Discussion Paper TABLE 2.4 SCHEDULE III CATEGORY "Z" LICENCE - FISHING WITH A VESSEL Species Gear Shellfish (Mollusca, Crustacea, Echinodermata) Green Sea Urchin (A) Red Sea Urchin (C) Sea Cucumber (0) Squid Species (E) Euphausiid (Zooplankton) (F) Shrimp (F) Pink or Spiny Scallop (Chlamys) (I) Octopus (J) diving diving diving seine or hook and line pelagic trawl gear trap dredge or diving trap or diving Fish Anchovy (K) Surf and Pile Perch (F. Embioticidae) (L) seine hook and line or drag seine september/so

27 Commercial Fishing Licencing Policy: Discussion Paper Pacific Coast Species Food Herring (M) Rockfishes (Sebastes species) (N) TABLE 2.4 cont. SCHEDULE III Gear seine hook and line Six-Gill Sharks (Hexanchus griseus or H. vitulus) (0) longline TABLE 2.5 CATEGORY "Z" LICENCE - FISHING WITHOUT A VESSEL Species Gear Shellfish (Mollusca, Crustacea, Echinodermata) Mussels (Mytilus species) (1) Clams (2) Goose Barnacle (Policipe) (3) hand picking hand picking hand picking Fish Smelt (4) Eulachon (5) gillnet, set net gillnet, set net septemberl90

28 Pacific Coast Commercial Fishing Licensing Policy: Discussion Paper *f~~:ii]ilii:iliiiliii~1:~:~ TABLE 2.6 PERSONAL COMMERCIAL FISHING LICENCE - PROOF OF IDENTITY, CITIZENSHIP OR RESIDENT STATUS Acceptable Proof Document Primary Secondary Canadian Passport Foreign Passport together with landed immigrant papers Indian Status Card Canadian Seamans Card. Personal Commercial Fishing Licence - five year Canadian Birth Certificate Naturalization Certificate Naturalization Certificate Card Canadian Citizenship Certificate Canadian Citizenship Certificate Card Canadian Baptismal Paper Canadian Armed Forces Identification or Discharge Papers Canadian Police Forces Identification or Discharge Papers X X X X X X X X X X X X X X X X X X X B.C. Identification Card Change of Name by Court Order B.C. Driver's Licence Any other Identity Document bearing specimen signature X X X X!@im!september/gO

29 Commercial Fishing Licencing Policy: Discussion Paper Pacific Coast c H A p T E R 3 INDIVIDUAL CATEGORIES - HISTORY AND CONDITIONS OF LICENCE The following chapter provides summary histories of each licence category and some of the conditions of licence which apply to each category. Conditions of licences may change annually. For a complete list of conditions which apply to a licence for the year contact the Pacific licensing office in Vancouver or in Prince Rupert. CATEGORY A - SALMON FISHERY History The introduction of entry controls in the salmon fishery in 1969 marked the beginning of licence limitation in Pacific fisheries in Canada. Salmon A category licences were issued for fishing vessels which had a recorded catch of 10,000 Ibs. or more of pink or chum salmon, or equivalent, during 1967 or A total of 5870 A category licences were issued in Fees for A category licences in 1969 were $1 O. Effective forthe 1970 salmon season, licence fees were raised from $10 to $100 for category A vessels less than 15 net tons in capacity. Vessels larger than this were charged $200 annual fees in a rough attempt to make fees proportional to fishing capacity. The stated purpose of the fee increase was to fund a buy back program for the salmon fleet. Effective for the 1971 season these fees were doubled to $200 and $400 respectively, again forthe purpose offunding a buy back. (At the same time, another fee category was introduced. Vessels under30 ft. continued to pay a$1 00 annual fee.) In 1981, salmon licence fees were increased again to $400 and $800 respectively, with the fee for vessels under 30 ft. increasing to $200. This fee increase in 1981 was to help fund the Salmon Enhancement Program. The most recent increase in fees occurred in 1987, when licence fees were again doubled to fund SEP. These fees are still in place. septemberl90

30 Pacific Coast Commercial Fishing Licensing Policy: Discussion Paper Between 1969 and 1977 there was no restriction on the type of gear (gillnet, seine ortroll) which could be used on a salmon licensed vessel. In 1977, a moratorium on the number of vessels allowed to fish with seine gear was implemented. In 1982, salmon vessels with a seine privilege were issued distinct salmon validation tabs. Those salmon vessels with a seine privilege are currently entitled to fish for salmon with any gear. Those vessels without a seine privilege may use either gillnet or troll gear or both. Indians may elect to pay a lower annual fee for a category A licence, but where this election has been made, the lower fee applies in all years thereafter, and the vessel to which a reduced fee A licence is issued may only be sold to an Indian. If a vessel issued an A licence to which this restriction applies is sold to a non-indian, the licence ceases. This election and restriction in the A licence also applies to the Northern Native Fishing Corporation (NNFC), a Native Indian owned and operated company (see Category N licence and (Sections 19 and 20 of the Regulations). Conditions The owner of a vessel geared fortrolling must choose when applying for an A licence, whether his vessel will be used to troll for salmon inside oroutsidethe Strait of Georgia. This isan annual choice. Generally there are no licence area restrictions on any salmon licences which apply to vessels using only gillnet or seine gear. However, where a vessel has combination gear, such as troll or gillnet, there are some limited area fishing restriction which apply to the use of the net gear (ie. Inside trollers may not use net gear anywhere on the Coast until after September 30.) september/oo

31 Commercial Fishing Licencing Policy: Discussion Paper Pacific Coast CATEGORY B - SALMON FISHERY History The B category salmon licence was issued in respect of registered commercial fishing vessels that had a recorded catch of less than $1 0,000 Ibs. of pinkorchum salmon, orequivalent, during 1967 or It was argued that these vessels traditionally participated in the salmon fishery only during peak runs and that their exclusion from the fishery would detrimentally affect the owner's long term income and vessel values. There were 1062 B licences originally issued licences in In 1970, a phase-out period forthese licences was announced: They would be issued annually only up to 10 years. Licence fees remained at $10.00 for B licences. In 1978, when most of the B licences were set to expire, the Minister extended for an additional five years 103 licences which were still held by the original B vessel owner. The licence fee was doubled in 1981 to $ At present there is only one B licence still being issued by the Minister. Conditions Same as for Category A. CATEGORY N - SALMON FISHERY History In 1982, B.C. Packers Ltd. sold 243 vessels and 252 licences (most of its northern gillnet fleet) to the Northern Native Fishing Corporation (NNFC). The concept behind the NNFC is that the corporation retains the licence privilege even though they may sell the vessels to individual Indian fishermen. In order to facilitate the corporation's operation, the Minister created a category N licence. N licences are personal licences held by the NNFC. They are issued only to the NNFC, which in turn makes them available at an annual cost to Indian vessel owners. HMU; septemberl90

32 Pacific Coast Commercial Fishing Licensing Policy: Discussion Paper ~~~:Iiili~:~ili:~i!i!i!!~ N category salmon licences are issued only to the Northern Native Fishing Corporation for vessels designated by the Corporation. They were introduced in 1983 upon the relinquishment and retirement of a category A salmon licence by the NNFC for each N licence issued. Conditions Same as for Category A. The NNFC may apply annually for the issuance of a category N licence for a registered commercial fishing vessel of the same or smaller overall length and registered net tonnage as the vessel to which each relinguished A licence was formerly issued. Vessels designated to fish under authority of a Category N licence may also fish for Schedule II species and be designated to fish under authority of Category Z licences. CATEGORY C - GENERAL SPECIES History The category C licence was introduced at the time of entry limitation in the salmon fishery in 1968 and originally authorized commercial fishing for all non-salmon species. The C category became subject to entry limitation in The limitation was based on evidence of landings of at least $500 value in the preceding two years 1975 and The requirement that C licensed vessels land $500 worth offish at least every second year was maintained until It was deleted as a requirement at that time because rather than serving the purpose for which it was intended, (i.e. licensing only those vessels actively being fished), it appeared to be forcing fishermen to put more pressure on fishery resources which, in most cases, were already being heavily exploited. In 1979, the practice of issuing a C licence to a vessel retired from the salmon fishery was discontinued, hence, no new vessels were able to enter any fishery except as a replacement vessel. september/90

33 Commercial Fishing Licencing Policy: Discussion Paper Pacific Coast The C category licence is described as a general species licence, because it permits fishing for a number of species of fish using varied types of gear for which no other category of licence is required. Conditions Species, gear and area terms and conditions are set out in Schedule II of the regulations. CATEGORY D - PACKING I TRANSPORT History The category D licence has been issued in respect of commercial vessels as an open entry licence category since This licence does not enable commercial fishing for any species, and only licenses vessels for packing ortransport of fish caught by commercial fishing vessels. No species or area restrictions apply. Conditions The vessel sought to be licensed must be a registered commercial fishing vessel. All commercial fishing vessels may be used for the packing or transport of fish. For vessels licensed in another category, a D licence is not required in order to pack. septemberl90

34 Pacific Coast Commercial Fishing Licensing Policy: Discussion Paper CATEGORY E - ABALONE History In 1975 and 1976, the number of vessels participating in the abalone fishery increased dramatically. In 1975, twenty-one vessels reported abalone landings and in 1976, forty vessels landed abalone. This fleet size escalation was mainly due to Japanese market demand, and the high price ($1.50/Ib at the time) being paid to the harvesters. In November 1976, a series of public meetings was held in Prince Rupert and Vancouver to obtain recommendations regarding this fishery. While many individuals opposed any commercial harvest of abalone, commercial fishermen suported a limited entry scheme. The category E abalone licence has been issued to persons as a limited entry licence since September 7, Such licences were issued forthe first time to any person who had met both of the following requirements: I. made a recorded commercial catch of abalone in any year preceding 1977 of a value greater than $2,000; and II. produced documents showing that he earned more than 50% of his income from abalone fishing in anyone year preceding There are 26 licences in this fishery. They are personal and non-transferable, although, as in the roe herring H category, licence leasing has crept into this fishery. Individual quotas were introduced into the abalone fishery in 1979, with 50% of the total allowable catch divided into equal quotas for each licence holder and 50% ofthe Total Allowable Catch (TAC) remaining available to any or all licence holders. Starting in % of the TAC came under individual quota management. The total quota is divided equally into 26 individual quotas. Each landing must be inspected priorto unloading and licences validated priorto each trip. l!!i!hl september/90

35 Commercial Fishing Licencing Policy: Discussion Paper Pacific Coast Conditions The applicant must designate the vessel to be used to fish the licence. Any vessel which is designated to be fished in an application for a category E licence must be registered as a commercial fishing vessel. CATEGORY G - GEODUCK AND HORSE CLAM FISHERY History In 1977, a review of the recently developed commercial geoduck fishery was undertaken. Based on this review, starting July 1, 1977, the harvesting of geoducks for commercial purposes was prohibited except under the terms of a permit issued pursuant to Section 6(6) of the British Columbia Fishery Regulations. At that time the rate of growth of the geoduck fishery was uncertain and limits to entry were not considered necessary. However it was anticipated that a limited entry program would be neccessary in future to balance fishing effort with the size of the resource. The number of vessels landing geoducks increased rapidly from five at the inception of the fishery in 1976, up to 72 vessels with landings in 1979 when a moratorium on new permits was issued. Permits for 1981 were restricted to those fishermen who landed greater than 30,000 pounds in 1978 or 1979 including January 1 to March 31, 1980, depending on when the fisherman was first licensed. The category G geoduck and horseclam licence was introduced in Licences were issued to vessels where the owner of the vessel produced documentation establishing that he was authorized by the Pacific Region, Director General of Fisheries and Oceans, to harvest geoduck and horseclams by means of diving from a commercial fishing vessel and had marketed a minimum of 13,500 kg of both species in any combination during the year 1978 or during the period commencing January 1, 1979 and ending December 31,

36 Pacific Coast Commercial Fishing Licensing Policy: Discussion Paper In 1989, a two year pilot project utilizing individual vessel quota management was started in the geoduck fishery. Conditions Since 1989, geoduck licences specify the quantity of geoduck that may be caught (individual quotas) and the area in which the licence is designated to fish. CATEGORY H - ROE HERRING FISHERY History The H category roe herring licence has been issued as a limited category licence since H category licences were first issued as restricted entry category licences in 1974 upon application by persons who owned substantial or all shares of a gillnet or seine geared roe herring fishing vessel. All applications were required to be submitted prior to January 15, Native Indian owners of roe herring fishing vessels, eithergillnet orseine equipped, were given three additional years, 1975to 1977, in which to initially apply for a roe herring licence. Native fishermen pay a reduced fee for this licence. The criteria for obtaining a roe herring licence in 1974 were: I. participation in the 1972 and 1973 roe herring fishery. Fishermen were eligible to apply for one licence for each vessel fished during those years; and II. consideration for issuance of one licence, not based on previous landings, perfisherman. Annual licence fees forthis fishery were originally set at (and remain) $2000 fora seine licence and $200 for a gillnet licence. :nnmi september/oo

37 Commercial Fishing Licencing Policy: Discussion Paper Pacific Coast Roe herring licences are personal licences and are issued to both individuals and companies. Until recently, changes in H category licence holdings were not permitted and in the first few years there was an "owner operator" restriction. Therefore, priorto August 1, 1990, people who received licences in 1974 (up to 1977 for Indians) were still recognized by the Department as the licence holders, with the exception of those whose Ministerial appeals for family-related changes in licence holdings have been granted. The original intent of this personal, holder-operated, non-"transferable" licence system was to provide some flexibility in the number of licences issued annually. For example, if it was desirable the fleet could be reduced through gradual attrition; as licence holders left the fishery, their licences would be retired. It is interesting to note that it was originally intended that changes in licence holdings were to eventually be allowed once the desirable number of vessels remained in the fishery after attrition. This attrition did not occur for a number of reasons. Some licences were issued to companies, and effective changes in the holders of these licences occurred through sale of the company. Changes in licence holdings of elderly or deceased fishermen to family members were granted through appeals to the Minister. In 1979, the owner operator requirement was dropped from the licence because ofenforcement difficulties. As a result, some licence holders began to renttheirannual fishing opportunity. This practice, later extended to long-term leasing of licences and supported by a Power of Attorney granted by the original applicant, provided a means to avoid the prohibition on licence ''transfers''. This practice became so popular that it presented a problem for the Department in identifying the actual fisherman. There has also been an enormous cost to industry as leases involve complex legal and administrative arrangements. MflJg septemberl90

38 Pacific Coast Commercial Fishing Licensing Policy: Discussion Paper On August 1, 1990, the policy with respect to changes in roe herring licence holdings was changed to be as follows: Effective immediately, licence holders of record may indicate their intention to no longer apply for a licence by completing a form provided by the department. Where such an intention is stated, the Minister may consider issuance of the licence to another person nominated by the retiring licence holder. Forms naming individuals as the desired new licence holder would be administered by the Pacific Region under delegated Ministerial authority. Effective immediately, all applications for a roe herring licence must be signed by the licence holder of record. To encourage individual participation in the fishery, corporate licence holdings will be restricted to the levels indicated by the 1988 survey of roe herring licence holdings. Where a licence holder nominates a company to take his place, the application will be subject to review to ensure that these levels are not exceeded. Reduced fee roe licence holders of record (natives) may also indicate their intention to no longer apply for a licence privilege but the person nominated by the licence holder must be a Status Indian. Exceptions to this policy may be considered by the Minister. Conditions All H category licences are issued annually with a restriction as to the use of either seine or gilinet gear. This restriction is a feature of the licence first determined in the year in which the licence was originally issued, and is not subject to change in any year. Herring licences are also restricted as to the area in which the licence can be fished. This is an annual election by the licence holder who is free to choose the area in which the licence is to be fished for that year. For seine licences, the applicant also designates the vessel to fish the licence. september/oo

39 Commercial Fishing Licencing Policy: Discussion Paper Pacific Coast CATEGORY J - SPAWN-ON-KELP History The J category spawn-on-kelp licence has been issued to persons or Indian bands as a limited category licence since There are presently 28 licensed participants, of which five are Indian bands. A number of criteria were used to determine entry in the fishery, the most important of which was whetherthe applicant was a Native Indian. Other important criteria were experience in ponding herring and the place of residence of the applicant. The licence is issued to the individual or band. Licence holders are required to operate the licence. Licence fees are $2000 annually. Indians and Indian bands may elect a lower fee of $10. In November 1989, the Minister of Fisheries and Oceans announced that an additional 10 licences will be issued to harvest herring spawn-on-kelp in B.C. The new licences will be issued to Indian bands only and each new licence holder will be required to first retire equivalent gillnet or seine privileges from the herring roe fishery. This retirement measure was taken to ensure a sustainable level of herring roe harvest and to provide stability in both spawn-on-kelp and herring roe fishery sectors. Conditions Spawn-on-kelp licences are issued for herring ponding operations and catcher vessels are used by some licencees only for the purposes of impounding the live herring and drawing them into an enclosure. Others use an open ponding principle and do not actually enclose or drop the herring. The fish are left free to enter and exit the pond during spawning. septem ber/90