Cuba Libre
Well-Known Member
December 14, 2012
Neil Davis
Fisheries and Oceans Canada
401 Burrard St., Vancouver, BC
V6C 3S4
Neil.Davis@dfo-mpo.gc.ca:
Re: Recreational Quota Transfer Licence Comments related to the Regulatory Impact Analysis Statement describing a proposed regulatory amendment to make the experimental recreational halibut fishery a long-term fishery.
The BC Wildlife Federation recognizes the substantial importance of the Pacific Region public halibut fishery. This fishery is of substantial social importance to the thousands of anglers who take part annually. In addition, the fishery represents a significant economic contribution to Canada, and provides the mainstay of jobs and economic well being for many of our coastal communities. Halibut is not only a valuable food source for anglers, but the angling experience provides a great attraction for tourists from across Canada and many other countries.
BC Wildlife Federation is very pleased that this stock is managed well through an international commission which provides for a sustainable fishery, soundly based in conservation of the stock. Our members have always insisted that Canada accurately manages its catch to stay within the Canadian Total Allowable Catch ( TAC).
Our members also strongly believe that this Canadian TAC should be allocated fairly between the public recreational fishery and the commercial sector, making sure that adequate fish are set aside for First Nations’ FSC needs. We believe that the best solution to current management of allocation is to continue to recognize that the public recreational fishery is in fact the best economic use of halibut, and that the right to access a common property resource, halibut, for the thousands of anglers in the Pacific Region should be of paramount concern. We commend Minister Ashfield and Prime Minister Harper for beginning to recognize this, and recognize the increase of halibut allocation to the current 15% was a sound beginning to meet the public fishery requirements.
We believe that the single best way to provide predictable, fair access to our resource for a year round season with adequate daily bag and possession limits is for the Minister to set aside the needed number of pounds of halibut for the public fishery once the Canadian TAC has been set.
The BC Wildlife Federation is opposed to the Recreational Quota Transfer License, or as it is also known, the Experimental License as it is quite possibly unconstitutional, ignores the fact the halibut are a common property resource of all Canadians, and is not subject to ownership by private business, a stand shown by the Supreme Court Saulnier Decision which states that no fish can be owned before it is caught.
Allocations between communities who access these fish should, under the Fisheries Act, be made at the discretion of the Minister, not as a market based process.
Using the concept of the experimental license and its application means that we create an elite fishery where only those with money who can afford to buy privilege may fish. Not only does this violate the concept of the public already owning the halibut, but it also violates a widely held Canadian Cultural belief and constitutional right that money should not dictate the right to fish.
This Experimental Licence is opposite to and inconsistent to the policy decision made Minister Ashfield when he increased the recreational allocation.
The proposed licence exempts users from the long established regulation of recreational harvest through daily and total possession limits.
The licence does not reflect public consultation on the continuation of the experimental licence. In fact there were widely held consultation meetings which were well attended and at every meeting the concept was overwhelmingly turned down.
The experimental license gives every indication that it is a way to circumvent the government legislation around the “ User Fee Act” and therefore prevents the better approach of using license fee increases clearly targeted to specific management needs and open to public debate.
Since the proposed licence regulates business transactions rather than fishing, does it fall within federal jurisdiction? Does the federal government have the constitutional authority to create such a regulation?
The proposed licence does not provide “additional fishing opportunities for the recreational sector” as asserted by the department of Fisheries and Oceans. It has been undersubscribed ineffective and should be scrapped. 70% of the businesses and 77% of the individual anglers who participated in 2011 did not express interest in 2012 and only 60 licences were issued in 2012, for a total harvest of 814 pounds, (an average of 14 pounds per licence) .
We believe there is no justification for this license, and have every reason to believe it violates provisions of the Fisheries act and as well violates the constitutional right to fish for a common property resource. This appears to be an attempt to create a business process under a Federal Fisheries act, which is not appropriate nor legal. Beyond these reasons, the enforcement of it is a veritable nightmare, and would require extra resources in a time when massive cutbacks are already in place. To further cut management resources to meet the new needs this process requires would place the Department in an untenable position.
Yours sincerely
Bill Bosch,
President
BC Wildlife Federation.
CC: Gail Shea Minister of Fisheries
Keith Ashfield MP
Randy Kamp MP
Robert Chisholm MP Fisheries Critic
Finn Donnelly MP
Norm Letnick MLA BC Minister of Agriculture
Lana Popham MLA Agriculture Critic
David Bevan Deputy Minister Fisheries and Oceans Canada
Susan Farlinger RDG Pacific Region
BCWF Tidal Waters Fisheries Committee
Neil Davis
Fisheries and Oceans Canada
401 Burrard St., Vancouver, BC
V6C 3S4
Neil.Davis@dfo-mpo.gc.ca:
Re: Recreational Quota Transfer Licence Comments related to the Regulatory Impact Analysis Statement describing a proposed regulatory amendment to make the experimental recreational halibut fishery a long-term fishery.
The BC Wildlife Federation recognizes the substantial importance of the Pacific Region public halibut fishery. This fishery is of substantial social importance to the thousands of anglers who take part annually. In addition, the fishery represents a significant economic contribution to Canada, and provides the mainstay of jobs and economic well being for many of our coastal communities. Halibut is not only a valuable food source for anglers, but the angling experience provides a great attraction for tourists from across Canada and many other countries.
BC Wildlife Federation is very pleased that this stock is managed well through an international commission which provides for a sustainable fishery, soundly based in conservation of the stock. Our members have always insisted that Canada accurately manages its catch to stay within the Canadian Total Allowable Catch ( TAC).
Our members also strongly believe that this Canadian TAC should be allocated fairly between the public recreational fishery and the commercial sector, making sure that adequate fish are set aside for First Nations’ FSC needs. We believe that the best solution to current management of allocation is to continue to recognize that the public recreational fishery is in fact the best economic use of halibut, and that the right to access a common property resource, halibut, for the thousands of anglers in the Pacific Region should be of paramount concern. We commend Minister Ashfield and Prime Minister Harper for beginning to recognize this, and recognize the increase of halibut allocation to the current 15% was a sound beginning to meet the public fishery requirements.
We believe that the single best way to provide predictable, fair access to our resource for a year round season with adequate daily bag and possession limits is for the Minister to set aside the needed number of pounds of halibut for the public fishery once the Canadian TAC has been set.
The BC Wildlife Federation is opposed to the Recreational Quota Transfer License, or as it is also known, the Experimental License as it is quite possibly unconstitutional, ignores the fact the halibut are a common property resource of all Canadians, and is not subject to ownership by private business, a stand shown by the Supreme Court Saulnier Decision which states that no fish can be owned before it is caught.
Allocations between communities who access these fish should, under the Fisheries Act, be made at the discretion of the Minister, not as a market based process.
Using the concept of the experimental license and its application means that we create an elite fishery where only those with money who can afford to buy privilege may fish. Not only does this violate the concept of the public already owning the halibut, but it also violates a widely held Canadian Cultural belief and constitutional right that money should not dictate the right to fish.
This Experimental Licence is opposite to and inconsistent to the policy decision made Minister Ashfield when he increased the recreational allocation.
The proposed licence exempts users from the long established regulation of recreational harvest through daily and total possession limits.
The licence does not reflect public consultation on the continuation of the experimental licence. In fact there were widely held consultation meetings which were well attended and at every meeting the concept was overwhelmingly turned down.
The experimental license gives every indication that it is a way to circumvent the government legislation around the “ User Fee Act” and therefore prevents the better approach of using license fee increases clearly targeted to specific management needs and open to public debate.
Since the proposed licence regulates business transactions rather than fishing, does it fall within federal jurisdiction? Does the federal government have the constitutional authority to create such a regulation?
The proposed licence does not provide “additional fishing opportunities for the recreational sector” as asserted by the department of Fisheries and Oceans. It has been undersubscribed ineffective and should be scrapped. 70% of the businesses and 77% of the individual anglers who participated in 2011 did not express interest in 2012 and only 60 licences were issued in 2012, for a total harvest of 814 pounds, (an average of 14 pounds per licence) .
We believe there is no justification for this license, and have every reason to believe it violates provisions of the Fisheries act and as well violates the constitutional right to fish for a common property resource. This appears to be an attempt to create a business process under a Federal Fisheries act, which is not appropriate nor legal. Beyond these reasons, the enforcement of it is a veritable nightmare, and would require extra resources in a time when massive cutbacks are already in place. To further cut management resources to meet the new needs this process requires would place the Department in an untenable position.
Yours sincerely
Bill Bosch,
President
BC Wildlife Federation.
CC: Gail Shea Minister of Fisheries
Keith Ashfield MP
Randy Kamp MP
Robert Chisholm MP Fisheries Critic
Finn Donnelly MP
Norm Letnick MLA BC Minister of Agriculture
Lana Popham MLA Agriculture Critic
David Bevan Deputy Minister Fisheries and Oceans Canada
Susan Farlinger RDG Pacific Region
BCWF Tidal Waters Fisheries Committee
