I believe, some are having problems believing they are in a Political battle here! Well, let me give you some things to think about.
The 88/12 allocation is very much political. The part some are also missing it isn’t just about management of a fishery, conservation, accountability, constitution rights, public resource, or anything else – IT IS ABOUT MONEY!
IMHO, under the current situation, you will NOT and CANNOT WIN! You have no money, and we are talking millions, which is being remitted directly back to DFO by the commercial sector! DFO is NOT going to give that money up, unless forced! And, I believe it is going to take a Federal Court Order!
Everything that has to do with DFO has always been done by each sector and has always been of the sector’s own accord – that is how DFO works! The only reason DFO spends money on salmon it is required by treaty. Don’t believe this, start reading and find out who actually is forced to pay for that halibut monitoring system, along with the Rockfish programs. Want to look where the money comes for the Pacific salmon programs?
The more I am learning, it appears DFO has put together quite the “scam”! This scam actually brought to mind, is DFO learning from Oliver North, or did Oliver North learn from DFO? Unfortunately, for DFO while they were just defrauding a few, they have now brought the entire sport sector (meaning the general public who owns that resource) into their scam! Yep, I can understand the Justice Department advising DFO not to buy-back something the public already owns! DFO could have some serious issues there!
Let’s see if I have this right? The Minister of Oceans and Fisheries (Canada) allocates 88% of “your” public resource to private individuals and/or companies. Allocating the remaining 12% (of that public resource) for use by the public (who already own it), for recreational purposes. The sport sector which has no way money can be generated. Again, the Justice Department has advised DFO, they cannot use public monies from their budget to buy back a public resource, already owned by the public. And now, DFO is now going after part of the sport sector, to lease or buy-back quota from the commercial sector, to bail them (DFO) out of this problem.
Knowing, the Minister withholds 10% from each commercial quota and “gives” that 10% quota to PHMA. PHMA requires commercials to pay additional fees, to PHMA to access their 10%, they have already paid for and currently own. PHMA then remits the majority of those additional funds collected directly back to DFO; in which, DFO uses those addition fees for their different management programs! Yep, could be issues there!
Now currently, DFO has just introduced a program and wanting part of the sport sector to “lease” (or pay) additional fees for their right to fish additional quota they already own. While at the same time DFO is going to allow "part" of the sport sector to continue fishing, they are going to close the fishery to majority of the general public on or about October 1, 2011. In the mean time, DFO has allocated to a privately owned commercial sector and now those from a "portion" of the sport sector (who are willing pay those additional fees) an increased opening. So now you have the commercial sector and “part” of the sport sector being allowed to fish a public resource, while the majority of the public will have that public resource closed to them? You don’t see a problem there?
Well guess what! IMHO, as soon as DFO allowed portions of monies that have been paid, in past and in future, by the sport additional fees, portions of those monies are now going directly back to DFO, for their fisheries management programs. In other words, the sport sector is and has being forced into their scam to pay additional fees. Knowing the commercial sector is passing those additional fees to the sport sector, and knowing the monies is going directly back to DFO, for management activities such as 100% monitoring system charges!
And you want DFO to just voluntarily admit to all this, and just change their allocation “SCAM”! GOOD LUCK! I would highly suggest looking into the legalities of this “SCAM”!
The Canada TAC is a public resource. While it is within the authority of Minister to allocate that resource; however;
It appears the Minister did appropriated a public resource that did not belong to him to finance DFO fisheries management activities, which up until recently only the commercials was forced to pay;
Under this Quota allocation scheme developed by the Minister, the sport sector has now been advised, if they wish to continue to fish, it is being required to purchase (lease) from a commercial allocation, which has already paid additional fees, requiring part of the sport sector to now bear those additional fees; In reality that is creating situation where the sport sector is paying additional fees, “above and beyond” the legally approved sport license fee. By having to purchase this quota from commercial allocations;
The commercial sector, who has in turn already paid the Minister funds raised by the original resale passing that additional fee directly to the owner of the public resource; of that the Minister is now using addition fees paid by the sport sector fund departmental activities.
Yea, I think I got it? Could it be, that the Minister committed actionable common law torts against the sport sector by misusing funds generated by their quota allocation scheme, which DFO created? Otherwise, during a valid exercise of the Minister’s discretion, he did misappropriate a public resource and in fact did put what became a scam together to generate funds for DFO use. Interesting enough, now a portion of those funds that have actually been paid back to the Minister to finance fisheries activities are now coming from the sport sector; and those monies paid by the sport sector have now been converted to his use monies. I would love to find out if the sport sector “leased” quota directly from PHMA! That would directly be misusing funds.
This whole thing appears the Minister acted unconstitutionally in exercising his otherwise constitutional discretion. You can try to negotiate with whomever you want; IMHO… You NOW need legal counsel!
BTW… regarding accountability, some are speaking “historically” and some are speaking “currently.” Historically DFO has had very poor accountability, the IPHC has been quite clear in past reports about Area 2B sport accountability! They have pretty much stated through the years they had to use limited nformation provided by DFO and IPHC did developed their own system for accountability, due to the lack of information. I believe if one reads the annual reports and RARA’s for 1999, 2000, and 2001, you will see where the IPHC went back an amended sport estimates. Also, look at Table 4. 2003 Projections for Areas 2B, 2C, 3A, 3B, and 4 sport halibut harvests. You will see, DFO Areas 12-29 with an estimated harvest of 288,645 pounds. In Table 4. 2004 Projections for Areas 2B, 2C, 3A, 3B, and 4 sport halibut harvests, DFO Areas 12-29 went to 365,677 pounds. Then, look at Table 3. 2005 sport halibut harvest projections for Areas 2B, 2C, 3A, 3B, and 4, you will find DFO Areas 12-29 suddenly jumped to 1,077,679 pounds? Quite the increase there on estimates and IMHO would be an accountability problem… as in, let’s just SWAG it! Then, if you want to know why IPHC currently doesn’t have issues with Area 2B and 2C sport sectors, read the Directors report, in the 2007 IPHC Annual report. You will see why there is no longer issues, in either of those areas – it is called IPHC gave both Alaska and DFO an ultimatum! Hence, the recent and current possession limits and closures. It is already assumed, under the current catch limits your halibut fishery will close on or about October 1, 2011!
Don’t lose focus, it about the unfair 88/12 allocation of a public resource, which you own and are entitled too! Please don’t forget, this is nothing more than a “MONEY SCAM” DFO has put in place! It is NOT about accountability or anything else. It is strictly “POLITICAL” and who is paying who “MONEY”!