Concern Raised Over Hali Opening Uncertainty

Governor

Member
Below is my letter to Fisheries Minister Shea expressing real concern about the lack of public notice with respect to the opening day of our 2011 sport halibut season. Truly unacceptable to treat the angling public so poorly. The SFAB Halibut Working Group was expressly clear with DFO by specifying the season must open on Feb 1st. Thibeau's 2003 failed halibut allocation policy has proven repeatedly to not work and DFO blindly hang on to 88/12 while hurting us socially and economically. Plus the ink is barely dry on the Recreational Vision document and DFO are already ignoring the main principles.

It is high time all anglers step up and demand change.

Governor

________________________________________


Monday 31st January 2011

Attention: The Honourable Gail Shea
House of Commons
Minister of Fisheries and Oceans Canada,
Parliament Buildings, Wellington Street
Ottawa, ON
K1A 0A6


Re: 2011 Pacific Halibut Season Opening Date


Dear Minister Shea,

I am writing to ask for your urgent assistance with a matter that if not addressed immediately will most likely make common criminals out of ordinary Canadians who wish to participate in the public fishery off southern Vancouver Island.

Fisheries and Oceans Canada’s printed 2009 – 2011 tidal sport fishing regulations indicate the season for Pacific halibut will open on February 1st this year, just as it has traditionally been for many years. To the best of my knowledge, at this time no DFO variation order amending the opening date for halibut angling has been broadcast to vendors and fishing supply businesses about the 2011 season.

A concerned local angler contacted me, as I am the chair of the Victoria local Sport Fishing Advisory Committee (SFAB). He advised the DFO Pacific website recreational opportunities section has been recently altered with a single line of text to now state “Halibut: Recreational fishing for halibut is closed until Feb. 28, 2011.” I too visited the website to confirm such and additionally noted the only published Variation Order (# 2010-426 – the full VO text appended to this correspondence), which was sent out on October 15th, 2010 states “….Therefore, recreational fishing for halibut will close effective 23:59 hours October 18, 2010 for the balance of the year.” As a member of the SFAB Halibut Working Group where our specific advice relayed to you and DFO was clearly for a season that opened on February 1st 2011. I was surprised by the information on DFO’s website and the apparent lack of broad communication by the department to the angling community.

Additionally, I have contacted two separate local license vendors to confirm this as fact. Neither vendors have received any halibut variation order notifying the public of a delay in the opening date, yet as I mentioned the website continues to display a single line notice with no variation order number attached. With less than twenty four hours until the traditional opening of halibut season, I fear the angling public could easily misinterpret the regulations and go out fishing illegally due to a serious lack of adequate notice and communication by your staff.

The purpose of this letter is to ask you specifically if your Pacific region fisheries and aquaculture management staff, particularly the groundfish unit, have changed the department’s policy of varying the regulations without informing the public with a widely distributed notice, as has been policy in the past?

Madam Minister, I ask you or your assign to attend to this most unfortunate matter at your earliest convenience, particularly as there is already much uncertainty around the sport halibut season due to the failed allocation policy.

Yours sincerely,


Christopher Bos
Victoria Committee Chair
Sport Fishing Advisory Board

Cc’d: (by electronic mail)
Sue Farlinger – DFO, Pacific Region, Regional Director General
Bonnie Antcliffe – DFO, Director Resource Management, Program Delivery
Tameezan Mawani – DFO, A/Halibut & Sablefish Coordinator, Groundfish Management Unit
Devona Adams - DFO, Recreational Fisheries Coordinator


As of 30 Jan 2011 current Halibut Fishing info on DFO Pacific Website:

Under Finfish

ALL AREAS
Halibut: Recreational fishing for halibut is closed until Feb. 28, 2011 (single line)
Listed on 15/10/2010 FN917

The link to the notice reads…

Category(s): Recreational Finfish, other than salmon
Subject: FN0917-RECREATIONAL - Fin Fish (Other than Salmon) - Halibut - Reminder of Closure October 18 and Amendment of Variation Order Number

Amendment to FN0891: Variation Order Number amended to 2010-426.

Throughout the 2010 recreational halibut fishing season, the Department in conjunction with the Sport Fishing Advisory Board (SFAB) Halibut Working Group have reviewed in-season monthly catch estimates.

Catch information indicates that the recreational share of the Total Allowable Catch has been reached.

Therefore, recreational fishing for halibut will close effective 23:59 hours October 18, 2010 for the balance of the year.

2011 management actions will be developed throughout the fall and announcements
will be made in early 2011.

Variation Order 2010-426 is in effect.

FOR MORE INFORMATION:

Contact: Tamee Mawani 604-666-9033 or Devona Adams 604-666-3271

Fisheries & Oceans Operations Center - FN0917
Sent October 15, 2010 at 10:53
 
Governor:

Great letter let's hope this lights a fire under DFO'S asses & adresses their lack of communication envolving Fisheries Notices instead of their past burying their head in the sand approach to dealing with the public!

When The People Fear The Goverment It's Tyranny,When The Goverment Fears The People It's Liberty" -Thomas Jefferson
 
I have noticed that DFO is increasingly becoming a rather bloated bureaucracy and sluggish and slow when it comes to resolving issues and notifications. While I hesitate to raise it in polite company, my conclusion is that DFO is pregnant. I guess that can happen if you get into bed to often with one sector.
 
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I have noticed that DFO is increasingly becoming a rather bloated bureaucracy and sluggish and slow when it comes to resolving issues and notifications. While I hesitate to raise it in polite company, my conclusion is that DFO is pregnant. I guess that can happen if you get into bed to often with one sector.

LOL! Love It!! :D

On the notification matter, DFO would simply NOT have a leg to stand on were they to charge anyone with fishing out of season if there has not been a Variation Notice posted to that effect. No judge in the world would convict, and would likely admonish DFO for their failure to act as legally required. Food for thought...
5.gif


Cheers,
Nog
 
LOL! Love It!! :D

On the notification matter, DFO would simply NOT have a leg to stand on were they to charge anyone with fishing out of season if there has not been a Variation Notice posted to that effect. No judge in the world would convict, and would likely admonish DFO for their failure to act as legally required. Food for thought...
5.gif


Cheers,
Nog

Hmm, is that correct? I asked a DFO guy last fall about rules for the rivers in Port Renfrew. His reply was that the rivers with fishing opportunities open are as posted on the website. If you don't see an opening listed, then assume it is closed.

I assume it would be the same for saltwater...the default is that it is closed unless specifically told otherwise. While I understand what you mean, I think you'd have a tough time convincing a judge that continuing the "traditional" opening Feb 1st was a reasonable assumption ... especially when it was open late last year.

But I would applaud the effort, worth a try. :)
 
Juandesooka - I understand your point, however I looked at it from the otherside. The printed regs are the first place to check and clearly state Feb 1st to Dec 31st for halibut season. A variation order is sent out to vary what is published, so DFO has the ability to make in season change. What if the tackle shop and the launch ramp have no notices (which is the case) and joe angler has no computer? Some old guys don't do the internet thing.

While I am not advocating anyone test the law here, I personally think a judge would be loathed to convict a person under the current conditions, especially as there was no formal notice broadcast to vendors.

And interestingly, I heard today of a local tackle store with notices posted stating the hali season opens March 1st. DFO's website doesn't state that either.
 
Yes, gov's back

Thanks for the kudos gang. It needed stating. Yes, I finally managed to get past my passwordophobia
 
variation order has been updated

"Halibut: Recreational fishing for halibut is closed until Feb. 28, 2011. (VO # 2011-50)"
 
variation order has been updated

"Halibut: Recreational fishing for halibut is closed until Feb. 28, 2011. (VO # 2011-50)"

Someone is bullshitting..

Results 1 - 1 for VO # 2011-50. (0.81 seconds)
Fisheries and Oceans Canada | Pacific Region | Recreational ...
(VO # 2011-50). Subareas 20-5 to 20-7: Lingcod: Effective October 1, 2010 until further notice: no fishing for Lingcod. Listed on 16/09/2010 FN0829 ...
 
Spoke to Outfitters here in Vic earlier and apparently they received the halibut VO notice through from DFO yesterday (I think they said afternoon)

OBD - what joke, eh? DFO even screw up the link to the correct VO information. Where's that DFO Simpson's clown image "what problem?"
 
Still shows no correct order.
This was not sent out over the normal system if Island Outfitters really got the right one?
 
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Three days in and "There are no Fishery Notices that match your criteria."
Thus NO variation order as Legally Required.
Apparently dropped the ball yet again... :confused:

Nog
 
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