Whole in the Water
Well-Known Member
No problem at all. Its good to know more people are aware of this important common resource issue. Best of the season to you and yours!
Nice, and as per the info you quoted you have confirmed that the people own the resource and their elected representatives have the duty to regulate/ manage and conserve on our behalf?So who does own the natural resources of Canada? The Queen? Corporations? Wealthy individuals? Nope, the citizens of Canada!
The following court Supreme Court decision is one common case the highlights that the common property resources of Canada, including fish, belong to the citizens of Canada. The govt. through DFO just "manages" them on the Canadian citizens behalf. The allocation of quota of common property resources is a political/economic decision and ultimately by law it does not trump citizens access to common property resources - in this case for a citizen to go fishing and catch a fish (as long as it does not contravene any reasonable conservation measures).
Ward v Canada (Attorney General), 2002 SCC 17
Facts: W took 50 of seals, had a license, but it did not cover this.
Issue(s): Is the fed regulations prohibiting the sale, trade or barter of seals a valid exercise of the fed fisheries power or crim law power?
Ratio: Fed power over fisheries is not confined to conserving fish stock, but extends to the management of fisheries as a public resource
Analysis:
Argue that fisheries act:
*It is about conservation of fish
→ NO – it is regulation of fishery in economic grounds, social, etc – fisheries power extends more broadly
⇒ Fishery is a common prop source – and Minister duty is to regulate/manage/conserve and develop in the public interest (s.43)
⇒ Fisheries under s.91(12) refers to the fisheries as a resource, a source of public wealth
Holding:
Regulation is valid fed leg under fisheries power
Nice, and as per the info you quoted you have confirmed that the people own the resource and their elected representatives have the duty to regulate/ manage and conserve on our behalf?
Oh and as for rights in the Magna Carta, ask someone from the UK how much access the average citizen has to a salmon stream.
Anyways IMO interpreting the law is like handling wet dynamite, better left to the experts.
I think you mean lease TAC to the commercials? If you sell something, it belongs to the new owner to do with it what they wish, which is why we have slipper skippers etc.. If you lease it, they can have the use of it for a limited time and the government can alter who gets what % much easier and if need be take it back when the lease expired.
I doubt there is an easy solution, but I do think the government may at some point have to buy back the commercial gift it foolishly gave away and hold it for the people of Canada
At any rate I think we all want the same thing. Can you imagine what would happen if Jimmy Pattison goes into the lodge/guiding industry? Pretty much could transfer his commercial quota and drive the high end lodges out of business, by offering fish of any size.
Only entity that should ever own is the government to prevent this type of takeover.
I was referring to your post. I guess I was mistaken when you said buy TAC. I apologize if you mean't lease! Seems over the course of this thread, buy and lease has been used interchangeably, which may be splitting hairs but IMO are two very different things. Kind of like leasing a car as opposed to buying. Anyway thanks for clearing that up.If you are referring to my post, if you read it carefully you will see I did state "lease" it to the commercial fishing industry. It's all rather academic anyways, because until one of the fishing groups like the BCWF or or others band together to fight this nothing will probably ever change. Just filing the challenge alone might be enough to spur change.
Oh yeah I've read a lot of them. Unfortunately they're the same as this thread. No concrete answers just more of the old, get involved or it's about the experience not what you catch. It's so twisted that I'm just asking questions. The whole thing seems shady to me. Somewhere, somehow, someone dropped the ball and I'm just looking for how it was allowed to happen. Someone's responsible, it didn't just happen.
Here is some history on the "halibut war" we had a few years ago. At that time I got involved as a foot soldier and met many folks on this board that lead that fight. There are still a few that post here and when they do it's best to listen to them.
http://www.fishingwithrod.com/yabbse/index.php?topic=25809.0
One other way to increase TAC is to increase the biomass. There was a time that the biomass was large enough that we had a full season with no size limits. That was when we were at 12% and we even had spare that we leased to the commercial sector. Them's were the days..... The biomass started taking a dive and we got into this mess.
I think we all agree that it is vitally important that everyone does what can be done to help maintain and grow the biomass. I would also say that aplies to more than just halibut. As many know, all are connected. That said having even 10 times the fish swimming in the sea does not remove the fundamental,and divisive issue that will continue to undermine our ability to access the resource.
Until everyone realizes that this is about so much more than how many halibut we can kill, private ownership of the resource and things like ITQ management SCHEMES will continue to reduce public access to all species.
Acknowledging that nothing in the post I quoted suggests buying quota, I will say this also . I am and will always be DEAD SET AGAINST leasing and the rec sector buying quota. We have almost all agreed that leasing is divisive, bad for sport sector and plain wrong. having the rec sector buy quota is just another variation of the same thing. More over by doing so we are agreeing to taking part in the ownership program and opening the door to a whole lot more hurt. That door is already open and how wide depends on how much or how little resistance is applied.
That is my two bits.
Merry Christmas everyone!!
I think the majority do feel this way but don't publicize itCouldn't agree more! Wish more folks in the rec sector felt as strongly as this!
Well then you need to represent all the recreational anglers in an even handed manner. The current retention regulation supported by the SFAC for Halibut means anyone in the Lower Mainland or Interior basically only gets 1 of their six annual halibut allotment plus a ping pong paddle if they go a second day. To get a larger buy in they need to reflect this problem in the the proposed solution otherwise it doesn't really change the logistical inequality of the current setup leaving one to wonder if that is done by design and then further how that then can be considered to represent their interest.I agree that to be true among those who have a basic knowledge of the situation. there is however a very large portion of recreational fishers that do not. Heck I would hazard to guess that out of 250-300k fishing licenses sold every year there are far more that do not even know we have the SFAC/AB process with volunteers working on our behalf than do. Thankfully those dedicated to making the difference clearly do.
However I do think if we are to make change we need to educate those who do not (no matter how frustrating it is at times) and help grow memberships in the key groups that can ultimately band together to do what is needed to challenge the key issues.
I guess that is why no matter how many times I say I am walking away I never do.