1. PERSONAL INTRODUCTION AND BACK GROUND 2. BRIEF LIFO STATEMENT 3. - - PowerPoint PPT Presentation

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1. PERSONAL INTRODUCTION AND BACK GROUND 2. BRIEF LIFO STATEMENT 3. - - PowerPoint PPT Presentation

LIFO PRESENTATION JUNE 10 th 2016 1. PERSONAL INTRODUCTION AND BACK GROUND 2. BRIEF LIFO STATEMENT 3. FFAW CAMPAIGN 4. BREAK DOWN OF KEY LIFO ISSUES. NOVA SCOTIA AND NEWFOUNDLAND UNDER 100FT FLEET PROCESSING. 5. CLOSING COMMENTS &


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SLIDE 1
  • 1. PERSONAL INTRODUCTION AND BACK GROUND
  • 2. BRIEF LIFO STATEMENT
  • 3. FFAW CAMPAIGN
  • 4. BREAK DOWN OF KEY LIFO ISSUES.

NOVA SCOTIA AND NEWFOUNDLAND UNDER 100FT FLEET PROCESSING.

  • 5. CLOSING COMMENTS & RECOMMENDATION

Author : V Fiander LIFO PRESENTATION JUNE 10th 2016

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SLIDE 2

LIFO

The Last In, First Out policy, known as LIFO, was introduced in 1997 after significant consultation and has been included in every Northern shrimp fisheries management plan for more than ten years. It has been consistently communicated to stakeholders that should there be a decline in the abundance of the resource, new participants/allocations would be reduced or removed from the fishery in reverse

  • rder of gaining access–last in, first out. LIFO was also reviewed by a third-party

independent reviewer in 2012 who confirmed that the Department was appropriately applying the policy when required in a fair and transparent manner.

(From the fisheries and oceans website)

Last-in, First-out Policy

Part 2.

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SLIDE 3

In the 1990s, as the shrimp stocks grew in abundance and the cod moratorium came into effect, temporary inshore licences were introduced throughout Atlantic Canada giving priority access to the under 65 feet fleet and to aboriginals. A three-year plan was announced in 1997 with significant quota increases for both the offshore and temporary inshore licences.

Since the introduction of the Last In, First Out policy (LIFO) in 1997, in SFA 6 the under 100ft sector received 90 percent with 10 percent going to the >100’ shrimp sector when stocks increased.

(From the fisheries and oceans website) Northern Shrimp Fishery Management Decisions For 2015/2016

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SLIDE 4

I cannot belief we are looking at changing a long standing federal government, policy based on what a union wants or says. The FFAW in NL egos are now so big, their arrogance so great they think they are the social conscious of NL and think they speak for the provincial government of NL. They are woven into the very fabric of the province where every fish harvester and plant workers has to be a member. Their very membership doesn’t even want them! They have become the very thing that Unions were formed to prevent!! The FFAW is fighting to change a principal that ever union in the world is built around Seniority LAST IN FIRST OUT

The oppressed truly has become the Oppressor

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SLIDE 5

PART 3

The FFAW campaign paper and my response to those statements. The FFAW paper is from their web site and is titled

  • Adjacency. It consists of two written pages (minus

the photos and links at the bottom)

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SLIDE 6

Our resources, our jobs A fair share for rural Newfoundland and Labrador The future of our coastal communities is at risk. Thousands of jobs are in jeopardy due to unfair sharing of the northern shrimp resource. The federal government has deliberately chosen to ignore the longstanding principle of adjacency to the benefit of the corporate-owned offshore fleet, to the detriment of our coastal communities. Our northern shrimp resources are being taken out of our waters with no benefit to our province's economy. In 2014, the inshore shrimp fishery quota was cut by 27 per cent, while the offshore fishery was cut by only 3 per cent. If the current trends continue, the inshore fishery will be slashed by another 50 per cent in 2015. Adjacency Traditionally, the principle of adjacency has been used to manage our fisheries. Adjacency means that those who live alongside the resource should benefit most from it.

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Inshore, Offshore and the Northern Shrimp Fishery The northern shrimp fishery is split into the inshore and offshore fishery. The inshore shrimp fishery is composed of over 250 owner-operated enterprises that employ over 1500 crew members from right here in Newfoundland and Labrador. All of the shrimp landed by the inshore fleet is processed in one of the 10 shrimp plants in Newfoundland and Labrador. The offshore shrimp fishery is owned by large businesses and corporations, many are based outside of the province and even outside of Canada. Next to none of the shrimp landed by the offshore fleet is processed in Newfoundland and Labrador.

Northern Shrimp and Adjacency Communities depend on the resources adjacent to them. In 2014, the Northern Shrimp fishery was valued at $180 million, supporting 250 owner-operated enterprises, 1500 crew members, and over 1200 plant workers. The inshore fleet landed 45,817 metric tonnes of northern shrimp in 2013, and after the cuts in 2014 they landed 38,555MT, all of which was processed in Newfoundland and Labrador.

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SLIDE 8

Unfair Sharing Our rural communities rely on these resources, as they have for many generations. The federal government is unfairly sharing the northern shrimp resources in the waters off our province, allotting a much larger portion of the quota to the offshore fleet. The federal government is deviating from the longstanding principle of adjacency. They are favoring the offshore fleet and at the same time they are destroying the inshore fleet and our coastal communities. Join us in our campaign against this injustice and attack on rural NL

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SLIDE 9

The federal government has deliberately chosen to ignore the longstanding principle

  • f 1. adjacency to the benefit of the corporate-owned offshore fleet, To the determent
  • f our costal communities

Our resources, our jobs A fair share for rural Newfoundland and Labrador. The future of our coastal communities is at risk. Thousands of jobs are in jeopardy due to unfair sharing of the northern shrimp resource. The off shore vessels through their partnerships with the licence holders distribute royalties, these royalties are divide among 116 coastal communities in Newfoundland and Labrador. Vessel operations directly support over 2,000 additional shore-based jobs, mostly in NL and Nova scotia.

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Our northern shrimp resources are being taken out of our waters with no benefit to our province's economy.

Wade Locke, Memorial University economist from a presentation he gave at a St. John's Board of Trade ( source cbc news)

“On average, one should expect that each tonne transferred from the Newfoundland and Labrador year-round sector to the Newfoundland and Labrador seasonal sector will cause Newfoundland and Labrador's GDP to fall by $540 per tonne.“ This is an irresponsible and uninformed and misleading statement. FAS shrimp

  • perators maintains 700 well-paying jobs (530 crew and 170 on shore) for

workers of all ranks, FAS vessels purchase $89 M in local goods and services annually, related to maintenance, supplies, fuel, transshipment, cold storage, off loading, stevedoring, and a host of other specialized service. (capp)

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SLIDE 11
  • 1. Adjacency

Traditionally, the principle of adjacency has been used to manage our fisheries. Adjacency means that those who live alongside the resource should benefit most from it. In 2014, the inshore shrimp fishery quota was cut by 27 per cent, while the offshore fishery was cut by

  • nly 3 per cent. If the current trends continue, the inshore fishery will be slashed by another 50 per

cent in 2015. This is appears to be true, it was done using the Last in First out Policy In 1978 the Department of Fisheries and Oceans announced that the first 11 licences would be allocated to enterprises and organisations in Nova Scotia, New Brunswick, Quebec and Newfoundland and Labrador. The principle that people in coastal regions contiguous or adjacent to the resource ought to have priority in accessing the resource played a particularly important role in the allocation of shrimp licences to Newfoundland and Labrador. While two of the five licences for Newfoundland and Labrador were allocated to Fishery Products International, three licences were allocated to cooperatives along the coast of Labrador.

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Very, few vessels appear to be actually owner operator, most are captains and crews hired by the

  • wners. Many more are, are owned or controlled by large companies such as Quinlan brothers and
  • Janes. Several more licenses are under direct control of Foreign Companies. Royal Greenland,

majority owner of Quin sea, now controls, the vessels and licenses, and quota for not only northern shrimp but all other species as well. (march 11 2016) The proper DFO designation, vessels “less than 100ft, under 500t”,(referred to as the under 100ft fleet) and “over 100ft , over 500t”. The vast majority of the “inshore vessels” are a highly mobile fleet, that are often seen 100 miles or more off shore and many have been often seen in the vicinity

  • f the 200 mile limit. If this is inshore what is offshore?

Inshore, Offshore and the Northern Shrimp Fishery The northern shrimp fishery is split into the inshore and offshore fishery.

The inshore shrimp fishery is composed of over 250 owner-operated enterprises that employ over 1500 crew members from right here in Newfoundland and Labrador.

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SLIDE 13

The offshore shrimp fishery is owned by large businesses and corporations, many are based outside

  • f the province and even outside of Canada.

Once again. This is an irresponsible and uninformed statement. All offshore vessels are Canadian

  • flagged. All shrimp landed by offshore vessels, landed in Canada, passes through union hands, all

have seniority lists. Last in first out. Almost everyone operating in NL seems to have foreign partners or affiliates including Fogo island co-op. The only Foreign controlled company operating in NL&L is in the under 100ft, category, (Royal Greenland, majority owner of Quin sea). Incidentally the FFAW seems unaware of this. The NL government signed off on it with out question. How ever former FFAW president, an NL NDP leader Earl McCurdy notice!! And he found this to be potentially one the biggest issues the NL fishery would ever face. Direct control over Canadian resources by foreigners. Other Community leaders wondered how long it will be before Royal Greenland vessels are here fishing Canadian quota. Another example of The FFAW being out of touch with reality.

  • 3. All of the shrimp landed by the inshore fleet is processed in one of the 10 shrimp plants in

Newfoundland and Labrador.

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SLIDE 14

In 2014, the Northern Shrimp fishery was valued at $180 million, supporting 250

  • wner-operated enterprises, (dealt with above) 1500 crew members and over 3. 1200

plant workers Northern Shrimp and Adjacency Communities depend on the resources adjacent to them. Communities very much depend on them over 116 communities in NL&L, Mostly in Labrador, and the Northern Peninsula, as well as the contiguous, communities in NS, NB, Quebec and Baffin Island.

  • 3. Next to none of the shrimp landed by the offshore fleet is processed in

Newfoundland and Labrador

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SLIDE 15

The inshore fleet landed 45,817 metric tonnes of northern shrimp in 2013, and after the cuts in 2014 they landed 38,555MT, all of which was 2.processed in Newfoundland and Labrador. Unfair Sharing

Our rural communities rely on these resources, as they have for many generations. The Canadian Northern shrimp fishery did not exist until 1978, under 100ft permits came in 1997, How many Generations is that? The federal government is deviating from the longstanding principle of 1.adjacency. They are favoring the offshore fleet and at the same time 2. they are destroying the inshore fleet and our coastal communities. The federal government is unfairly sharing the northern shrimp resources in the waters off our province, allotting a much larger portion of the quota to the offshore fleet. The FFAW’s own statistics directly above shows once again, this is an irresponsible, and uninformed, and misrepresentative, statement. 45,817 T 2013 (offshore vessels 13,559 T) 38,555 T 2014 (off shore vessels 13,559 T)

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SLIDE 16

Join us in our campaign against this injustice and attack on rural NL The only attack on rural NL is by The FFAW its self. Their irresponsible, uninformed, and misguide action shows the current FFAW is simply out of touch with reality. The FFAW choses to create, anarchy and social unrest where none

  • exists. The FFAW standard operating procedure, seems to be to continually drive,

fishermen against fishermen, friend against friend, Newfoundlander against Newfoundlander, Canadian against Canadian. The FFAW’s is riding on the backs of every hard working fish harvester in the province of Newfound and Labrador. The FFAW seems to have no other interest than its own greed. If the under 100ft, fleet was remove from area 6 the FFAW would suffer a huge hit to its revenue base with 1500 less union dues paid in from May to December. If they cared about anything else they would try to find solutions, not create more problems.

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SLIDE 17

FFAW seems to chose to ignore the reality of the devastation their misguided attack will have on rural Newfoundland and in particular Labrador. Rural communities are dependant on the royalties from the off shore vessels to maintain and continue sustainable economic growth. The lost of area 6 to offshore vessels means a 30% loss in quota, which means a 30% loss in Royalties. Also a 30% loss of revenue flowing into the local economies, of every community on the Labrador coast, Northern Peninsula, NS, NB and eastern and Northern Quebec and Baffin Island. The FFAW and its president continually show they are out of touch with reality, and they just don’t care!!. The FFAW seems to be quite content to let Labrador and the Northern Peninsula and all of Eastern Canada suffer through its irresponsible action, so an area on the Island can prosper. *

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Part 4

1.NOVA SCOTIA AND NEWFOUNDLAND 1.UNDER 100ft & 500 TON FLEET (IN SHORE) 1.PLANT WORKERS

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NOVA SCOTIA AND NEWFOUNDLAND

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The NS and NL have been connected both socially and economically for a very long time. THE NS and NL fishery have been intertwined for hundreds of years, before the time of salt bankers. Most of the fishing and scallop draggers in NS had Newfoundlanders as crewmembers, some had a lot. Many decedents

  • f Newfoundlanders are still fishing in NS today.

One NL boat was on Georges bank fishing Haddock just last year. A newfoundland company based FAS scalloper fishes out of Riverport NS and has Quota on Georges Bank and has for some time. A NS based company processes its catch caught off Nova Scotia in Grand Bank

  • NL. The crews are a mix of Newfoundlanders and Nova Scotia's.

Both Nova Scotia based offshore shrimp companies, have and do employ many Newfoundlanders, one company is 50% owned by a Labrador based license holder.*

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SLIDE 21

The vast majority of goods travelling in or out of NL Travels on a NS road and a Ferry leaving from Nova Scotia, or goes through the port of Halifax by container.* The FFAW its self has a huge NS connection, Father Desmond McGrath, and Richard Cashing (President 1) and founders of the FFAW both went to St.FX in Antigonish NS, Earl McCurdy (president 2) was born in Halifax NS. Keith Sullivan (president 3) also went to St.FX in Antigonish NS. The current version of FFAW choses to ignore their own involvement in the issuing offshore licenses (or are unaware). The current FFAW president lacks the leadership and foresight that former FFAW and founding president (Honorable)Richard Cashin OC had. Richard Cashin not only helped but insisted the offshore licenses be distributed in such away that strong sustainable socio- economic development in the fishery was built in Atlantic and Eastern Canada far into the future.

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The FFAW has taken the great insight Richard Cashin had for the prosperity of th Atlantic costal region Canada, and shrunk it down to a microcosm for its own is

  • wn greed.

I suggest to you that Richard Cashin would never in a million years suspected these things would come from his own union. The very union Richard Cashin, and Father Des, and the people of Burego NL worked so hard and gave up so much to begin. The current version of The FFAW is a disgrace, and an embarrassment to unions every where!! If I were a plant worker in NL now I would be nervous!! SENIORITY means nothing. Your seniority could be next!!!

Richard Cashin form the forward of Charting a new course toward the fishery of the future. 1993

The over capacity, the destruction of a finite resource, the damage to socioeconomic development, the potential chaos, social unrest, and anarchy, were all predicted as possible out comes if the fishery were not handled properly. *

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The shareholders of Hibernia Management and Development Company Ltd. (HMDC) are: ExxonMobil Canada (33.125%), Chevron Canada Resources (26.875%), Suncor (20%), Canada Hibernia Holding Corporation (8.5%), Murphy Oil (6.5%) and Statoil Canada Ltd. (5%).

Unifor local 2121. Seniority list LIFO

Example 1: Hibernia

Atlantic Accord allowed the Canada Newfoundland Offshore Petroleum Board (CNOPB) to grant production licenses and to regulate offshore exploration and development, with matters relating to legislation, taxation, and royalties shared between the governments.

NL receives jobs and royalties

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The Come By Chance refinery is for the first time processing crude oil that comes from fields located in Canada's offshore. May 2015 Hibernia started producing oil on November 17, 1997. None of Hibernia’s oil Has been refined in NL&L the crude has been shipped to refineries in the U.S., while some also was shipped elsewhere in Canada, as well as to European refineries. The oil that was first refined in 2015 came from the White Rose, this was in production for 10years.

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Voisey’s is Located in norther Labrador between Nain and Davis inlet. The Owner is Brazilian mining giant Vale, the largest mining company in the world . Royalties are paid to the local Innu and Inuit communities as well as providing much needed local work. It was also instrumental in settling

  • utstanding land claims for both aboriginal groups.

Example 2: voisey's bay

United Steelworkers Local 9508. Seniority list LIFO

The smelter is located in Long Harbour, about an hour from St. Johns.

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Nain to Goose bay 371 KM Labrador city 522 KM

  • St. Anthony 699 KM

Iqaluit 884 KM North Sydney 1153 KM

  • ST. Johns NL 1170 KM

To the FFAW adjacency in the very strictest sense of the word as the Means those closest to the resource should reap maximum benefit from it.

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SLIDE 27

Example 3: Muskrat Falls

Location, south west Labrador also know as the lower church hill.

December 10, 2013 The following are speaking notes delivered by the Honourable Kathy Dunderdale, Premier of Newfoundland and Labrador,

  • n the Finalization of the Federal Loan Guarantee for Muskrat Falls

Project:

“As history unfolds before us, I am thrilled to have our partners with us, the Government of Canada, the Government of Nova Scotia, Nalcor, Emera and the Innu Nation.” “the Labrador Island Link and the Maritime Link. This project is a game changer for Newfoundland and Labrador, the Atlantic Provinces, Canada and indeed, Eastern North America.”

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“We are affirming that the Muskrat Falls Project is indeed one of the most significant ventures Canada has ever undertaken. Not only are “WE” doing this now, but the Government of Canada, on behalf of all Canadians, is standing here “WITH” us, tapping its power as one of the strongest economies in the world, to secure financing at the best possible rates so that we can achieve the maximum possible benefits from the development of Muskrat Falls”. The FFAW received 2.3 million dollars on behalf of local fishers (Area 14A) as compensation for lost future revenue in the electrical cable corridor from Labrador to the island. Fish Harvester were asked to sign consent forms by the FFAW after the negotiation was completed. The FFAW had to be sue (successfully) so the fishermen could get their money!!!

18 accredited labour unions at muskrat falls. All have a Seniority list LIFO

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UNDER 100 ft & 500 TON FLEET

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According to DFO In SFA6, Shrimp eggs are developed internally through the

  • summer. In late summer-early fall, the shrimp mate and the eggs “spawn” to be

carried under the tail of the female for up to 10 months, hatching in the spring-early

  • summer. This is also when the <100ft fishing season is at its peak .

http://www.dfo-mpo.gc.ca/science/publications/uww-msm/articles/northernshrimp-crevettenorique-eng.html

Offshore shrimp vessels through good management practices, observer monitoring, and accurate log book record keeping, had area 6 in an excellent stable sustainable condition, when the temporary licences were issued in 1997. The <100 ft fishing season normally last from spring (May after Crab season has ended) until late Fall (November or Early December) The biomass in Area 6 is down by about 40 percent since 2015

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No by-catch protocol! Shrimp is very often dumped if the by-catch mix is too high. (watch cold water cowboys, where they talk about dumping a high by-catch mix). season 1 episode 5. No QMP (Quality Management Program) plan in place (again cold water cowboys where a hydraulic hose breaks all over the catch) Season 1 episode 7* The under 100ft onboard activities are virtually un-monitored with an average of 5% and a maximum of 10% observer converge. The unfortunate reality is the under <100ft fleet through its huge over capacity and fishing power is responsible for the destruction of the vital breeding stock in area 6 which lead to the huge depletion of the Bio-mass.

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SLIDE 32

Newfoundland and Labrador Region

December | November | October | September | August | July | June | May | April | March | February | January

Convictions for the first four months of 2016 http://www.dfo-mpo.gc.ca/media/charges-inculpations/nl-tnl-eng.htm

The following 56 names are those convicted by DFO for fisheries Violations in the fist four months of 2016, not charged but CONVICTED. The entire under 100ft fleet has a systemic culture of misreporting, fishing in closed areas, fishing when the season is closed, and numerous other fisheries violations almost two many to count since 1997 when the first temporary permits were issued.

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Name and Place of Residence Charge Information (Section & Description) Species Penalties, Forfeitures, Prohibitions

  • r Orders

Dates of Conviction Donald Purchase Channel - Port aux Basques, NL Section 22(7) Fisher General Regulations - Condition of licence Possession of one Atlantic halibut during the commercial cod fishery contrary to licence conditions 3PN/4R commercial GEAC fishery. $500.00 fine with 6 months to pay 2016-04-20 Andy Osmond, Birchy Head, NL Section 91(1) Atlantic Fishery Regulations -Fish for Atlantic cod during close time Recreational Ground fish $500.00 fine to be paid forthwith Prohibited from applying for any type

  • f fishing licence or engaging in any

form or type of recreational fishing for a period of 6 months 2016-04-19 Claude Button New Chelsea, NL Section 22(7) Fishery General Regulation - Failure to offload crab with the presence or supervision of a certified dockside monitor Snow Crab $500.00 fine with 1 year to pay All crab forfeited 2016-04-15 Brian Keith Coates Brownsdale, NL Section 22(7) Fishery General Regulation - Failure to offload crab with the presence or supervision of a certified dockside monitor Snow Crab $500.00 fine with 1 year to pay All crab forfeited 2016-04-15 David Martin Shoe Cove, NL Section 22(7) Fishery General Regulations – Exceeded trip limit Greenland Halibut (Turbot) $1250.00 fine, Section 78 Fisheries Act $500.00 fine, Section 79 Fisheries Act (claw back) 6 months to pay 2016-04-12

Newfoundland and Labrador region convictions under the Fisheries Act

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SLIDE 34

Amos Eason Long Pond, NL Section 6(1)(B) Wildlife Act - Fishing in a scheduled salmon river without a valid inland licence Trout/Salmon inland recreational $ 500.00 fine Forfeiture of rod and reel 2016-04-11 Lindsay Small Grand Falls – Windsor, NL Section 22 (7) Fishery General Regulations - No person carrying

  • ut any activity under the authority
  • f a licence shall contravene or fail

to comply with any condition of the

  • licence. Failure to release Turbot

after maximum catch limit was reached. Greenland Halibut (Turbot) $1500.00 fine, Section 78 Claw back of $2000.00, Section 79 With 6 months to pay 2016-04-06 Keith Oates Bay Bulls, NL Section 22(7)Fishery General Regulations - Failure to offload crab with the presence or supervision of a certified dockside monitor Snow crab $1000.00 fine with 1 year to pay All crab forfeited 2016-04-01 Murray Lavers Port Saunders, NL Section 44(2) Atlantic Fishery Regulations - Retaining more than 10 per cent undersized herring in a fishing trip. Area 14 Herring $1500.00 fine, to be paid in 90 days at a rate of $500.00 every 30 days. Forfeiture of $3357.45 representing 25 per cent of the value of the fish seized. 2016-03-29 Greer Hunt

  • St. John’s, NL

Section13(1)(c) Atlantic Fishery Regulations - person not named in licence operating fishing vessel Atlantic Bluefin Tuna $1250.00 fine with 2 months to pay 2016-03-24

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Leo Savoury Jr. Belleoram, NL 22(7) of the Fishery General Regulations - possession of 3 v- notched female lobster Lobster (area 11) $1250.00 fine with 6 months to pay 2016-03-21 Preston Grandy Garnish, NL Section 22(7) Fishery General Regulations – illegal buy/sell/possess Atlantic Halibut $1000.00 fine with 12 months to pay 2016-03-16 Section 33(2)(a) Fishery General Regulations - fail to release incidental catch. $1000.00 fine with 12 months to pay Section 22(7) Fishery General Regulations – illegal gear/used illegally Snow crab- Commercial $1000.00 fine with 12 months to pay Section 63(1) Fisheries Act - make false or misleading statements to Fishery Officer. $1000.00 fine with 12 months to pay Jamie Mouland La Scie, NL Fishery General Regulations 22(7) - exceed amount of turbot permitted to be landed in licence conditions Turbot $1250.00 fine $2500.00 claw back for turbot caught in excess of quota 2016-03-15

Richard Gillett

Twillingate, NL Fishery General Regulations 22(7) - exceed maximum amount of capelin to be landed in any one day Capelin $2000.00 fine with 12 months to pay 2016-03-10 Fishery General Regulations 22(7) - fail to fully and accurately complete fishing logbook $2000.00 fine with 12 months to pay Glen Driscoll Grates Cove, NL Section 22(7) of Fishery General Regulations - failure to fully and accurately complete the DFO fishing logbook Stewardship Atlantic cod $1500.00 with 6 months to pay 2016-03-02

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Glen Driscoll Grates Cove, NL Section 22(7) of Fishery General Regulations - failure to fully and accurately complete the DFO fishing logbook Stewardship Atlantic cod $1500.00 with 6 months to pay 2016-03-02 Joseph Sullivan Harbour Grace, NL Section 22(7) of Fishery General Regulations - retrieve crab fishing gear from more than one crab fishing area during same trip without an At Sea Observer onboard Snow crab $1500.00 with 6 months to pay $2835.00 ordered to pay as clawback for crab landed in 2014 2016-03-02 Kimberley Tuck Hant’s Harbour, NL Section 22(7) of Fishery General Regulations - failure to provide an accurate estimate of catch onboard vessel to Dockside Monitoring Company Stewardship Atlantic cod $1000.00 paid forthwith 2016-03-02 Herbert Cooper Old Perlican, NL Section 22(7) of Fishery General Regulations - failure to fully and accurately complete the DFO fishing logbook Stewardship Atlantic cod $2000.00 with 6 months to pay Forfeiture of $469.66 (value of 657 lbs

  • f Atlantic Cod)

2016-03-02 Lyndon Small Baie Verte, NL Fishery General Regulations 22(7)- Exceeded trip limit Greenland halibut (turbot) Fined $1,250.00 under Sec 78 Fisheries Act Fined $5,450.00 under Sec 79 Fisheries Act (clawback) One month to pay 2016-02-24 Morris Anstey Summerford, NL Fishery General Regulations 22(7) Failure to fully and accurately complete fishing log on a daily basis Shrimp $10,000.00 fine, 2 years to pay 2016-02-23

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Lyndon Small Baie Verte, NL Fishery General Regulations 22(7)- Exceeded trip limit Greenland halibut (turbot) Fined $1,250.00 under Sec 78 Fisheries Act Fined $5,450.00 under Sec 79 Fisheries Act (clawback) One month to pay 2016-02-24

Morris Anstey

Summerford, NL Fishery General Regulations 22(7) Failure to fully and accurately complete fishing log on a daily basis Shrimp $10,000.00 fine, 2 years to pay 2016-02-23 Fishery General Regulations 22(7) Fishing Shrimp in the Funk Island Deep Closed Area $10,000.00 fine, 2 years to pay Forfeiture of 4000 lbs of shrimp valued at $7,363.20 For the next 5 years, Mr. Anstey’s vessel or any vessel he operates must have a VMS unit that reports every 15 minutes

  • Mr. Anstey is not permitted to transfer

his licence until his fines are paid in full

Byron Oxford

Springdale, NL Fishery General Regulations 22(7) Fishing Shrimp in the Funk Island Deep Closed Area Shrimp $2,500.00 fine, 3 years to pay Clawback valued at $4,397.10 2016-02-23 Ernest King Goose Cove, Trinity Bay, NL Fishery General Regulations 39.3(2) Providing false information in the course of their duties Stewardship Cod $1500.00 fine, 18 months to pay 2016-02-18 Fishery General Regulations 39.3(2) Providing false information in the course of their duties $1500.00 fine, 18 months to pay

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Ernest King Goose Cove, Trinity Bay, NL Fishery General Regulations 39.3(2) Providing false information in the course of their duties Stewardship Cod $1500.00 fine, 18 months to pay

2016-02-18 Fishery General Regulations 39.3(2) Providing false information in the course of their duties $1500.00 fine, 18 months to pay Lloyd Oldford Red Cliff, Bonavista Bay, NL Atlantic Fishery Regulations 40 Fishing Herring during the closed time Herring (Fixed Gear (Gillnet)) $1500.00 fine, 30 days to pay Forfeiture of seized gear 2016-02-15 Hubert Wells Belleoram, NL Fishery General Regulations 22(7) Failure to affix valid tags on fishing gear (nets) Commercial -Cod $1500.00 fine, 2 months to pay No forfeitures 2016-02-15 Donnette Slaney St.Lawrence, NL Wildlife Act Sec 27 Atlantic salmon $750.00 fine with 6 months to pay 2016-02-10 Newfoundland and Labrador Fishery Regulations Sec10(2) $750.00 fine with 6 months to pay Newfoundland and Labrador Fishery Regulations Sec10(2) $750.00 fine with 6 months to pay Prohibited from fishing 5 years. Rod/reel and 2 Atlantic salmon forfeited Kevin Lavhey Sr Terrenceville, NL Section 79.2 Fisheries Act - Breach of Court Order Atlantic Salmon - recreational 90 days in custody Forfeiture of rod, reel and treble hook 2016-02-03 Section 10(2) NFR Attempt to jig fish 12 months’ probation 5 years’ prohibition from fishing any waters Fisheries Act Section 79.6 Breach of Court Order Atlantic Salmon - recreational Atlantic Salmon - recreational 90 days in custody Forfeiture of rod, reel and treble hook 2016-02-03 Newfoundland Fishery Regulations Section 10(2) Attempt to jig fish 12 months’ probation 5 years’ prohibition from fishing any waters

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Bradley Banks Hampden, NL Newfoundland and Labrador Fishery Regulations Section 10.(2) Recreational Atlantic salmon and trout $3000.00 fine to be paid on a monthly basis at the sum of $100.00 per month and receipts to be sent to the Fisheries and Oceans Office in Springdale as proof of payment Prohibited from holding a fishing licence and not permitted on or near inland waters for a period of three (3) years 2016-02-02 John Worthman Green’s Harbour, NL Section 22(7) Fisheries (General) Regulations -- Failing to offload all catch once offloading had started Stewardship Cod $500.00 fine, 30 days to pay Forfeiture: 40 lbs of Atlantic cod fillets 2016-01-27 Brent Adams Creston South, NL Violation of licence condition, Section 22(7) Fisheries (General) Regulations. Non-operational VMS Shrimp Fishing Area 6 $500.00 fine with 30 days to pay 2016-01-25 Otto Smith Sunnyside, NL Atlantic Fishery Regulations 91(3) – Exceed daily limit recreational cod Recreational Ground fish

  • Ex. $750.00 fine; 6 months to pay

5 extra fish forfeited 1 year prohibition from fishing recreationally in Canadian waters 2016-01-21 David W. Lear Port de Grave, NL Section 22(7) Fisheries (General) Regulations – Possession of lobsters less than 82.5 mm Lobster Fishery $2000.00 fine, 30 days to pay Forfeiture: 2 lobsters 2016-01-20 Josh Lockyer Hampden, NL Newfoundland and Labrador Fishery Regulations Section 10.(2) Recreational Atlantic salmon and trout $3000.00 fine to be paid on a monthly basis at the sum of $100.00 per month and receipts to be sent to the Fisheries and Oceans Office in Springdale as proof of payment. Prohibited from holding a fishing licence and not permitted on or near inland waters for a period of Three (3)years 2016-02-02

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Paul Harris Grand Bank, NL Section 22 (7) Fisheries (General) Regulations – Retaining V-notch lobsters Lobster – Commercial $2000.00 fine. 9 V-notched female lobsters seized (released live) 2016-01-19 Bruce Fudge Valleypond, NL Atlantic Fishing Regulations 91(3) – Exceeding bag limit Recreational Cod Fishery $1000.00 fine, paid forthwith; 1 year prohibited from taking part in recreational cod fishery 2016-01-19 David Parsons Glovertown, NL Section S. 36(1)(b) Fisheries (General) Regulations – Possess fish that was dealt with in such a manner the number could not be readily determined Recreational Ground fish $100.00 fine with 90 days to pay 2016-01-18 Glen Holloway Glovertown, NL Section S. 36(1)(b) Fisheries (General) Regulations – Possess fish that was dealt with in such a manner the number could not be readily determined Recreational Ground fish $100.00 fine with 90 days to pay 2016-01-18 Raymond Spurrell Butter Cove, NL Section 115.2 – Atlantic Fishery Regulations – Leaving fishing gear unattended for more than 72 hours Snowcrab (3L) $750.00 fine 2016-01-14 Section 22(7) Fisheries (General) Regulations – Failing to take a Fisheries Observer $1000.00 fine Section 22(7) Fisheries (General Regulations) – Failing to take a Fisheries Observer $1000.00 fine Thomas Mercer Bay Roberts, NL Section 91(3)(a) Atlantic Fishery Regulations – Exceeding daily bag limit ground fish 2014 Recreational Ground fish $500.00 fine, 6 months 2 Year Prohibition on recreational fishing 2016-01-14 Daniel Cormier Superior, ON Section 111.1(3)(a) of Newfoundland and Labrador Wildlife Regulations – Angling in non-scheduled inland waters of the province without possessing a valid non-resident inland fishery licence to take trout Recreational Inland $100.00 fine with 45 days to pay All angling gear was forfeited 1 year prohibition from being on, at, or near inland waters 2016-01-13

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Daniel Cormier Superior, ON Section 111.1(3)(a) of Newfoundland and Labrador Wildlife Regulations – Angling in non-scheduled inland waters of the province without possessing a valid non-resident inland fishery licence to take trout Recreational Inland $100.00 fine with 45 days to pay All angling gear was forfeited 1 year prohibition from being on, at,

  • r near inland waters

2016-01-13 Stephen Blanchard Etobicoke, ON Section 111.1(3)(a) of Newfoundland and Labrador Wildlife Regulations – Angling in non-scheduled inland waters of the province without possessing a valid non-resident inland fishery licence to take trout Recreational Inland $100.00 fine with 45 days to pay All angling gear was forfeited 1 year prohibition from being on, at, or near inland waters 2016-01-13 Edwin K. Noonan Mount Pearl, NL Section 91(3)(a) Atlantic Fishery Regulations – Exceeding the daily bag limit Recreational Ground fish $1000.00 fine, 6 months to pay Prohibited from recreational fishing for cod for 1 year 2016-01-13 Guy Villeneuve Port au Port, NL Section 3(2) of the Management of Contaminated Fisheries Regulations – Fish for bivalve molluscs in a contaminated fishing area Shellfish/CSSP $200.00 fine with 30 days to pay 2016-01-05 Bryan Greenham Bayview, NL Section 91(3) Atlantic Fishery Regulations – Catch and retain more than allowable bag limit of cod Recreational Ground fish (Cod) $800.00 fine and forfeiture of five cod fish 2016-01-05 Derrell Tulk Aspen Cove, NL Section 22(7) Fisheries (General) Regulations – Failed to provide accurate trip summary to Dockside Monitoring Company Stewardship Cod Fishery $1000.00 with six months to pay. Forfeiture of 235 lbs of cod fish valued at $146.88 2016-01-05 Terry Rideout Newtown, NL Section 28(3) Marine Mammal Regulations – Failing to palpate cranium as soon as possible after shooting seal Seal $1000.00 fine 2016-01-05

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David Kenway Gallants, NL Section 33 of Fisheries Act Section 10(2) of Newfoundland and Labrador Fishery Regulations Recreational Inland $750.00 fine for each count with 12 months to pay All angling gear forfeited All Atlantic salmon forfeited 1 year prohibition from being on, at, or near inland waters 2016-01-04 Kenneth Phillips Bonavista, NL Section 53(b) Atlantic Fishery Regulations – Possession of Snowcrab less than 95mm Snow Crab $3000.00 fine; Mr Phillips was also fined an additional $6066.04 as clawback of monies acquired by illegal means 2016-01-04 Allan Benoit Mississauga, ON (Originally of St. Alban’s, NL) Section 6(4) of the Wildlife regulations Possession of an Atlantic Salmon that was not properly tagged Recreational Salmon fishery $300.00 fine 1 year prohibition of fishing inland waters Forfeiture of salmon/tag 2015-12-22 Stephen Talbot Englee, NL Fisheries Act Section 62— Obstruction of a Fishery Officer Snow Crab $1000.00 fine 2015-12-21 Fisheries Act Section 63(1) – Providing False and Misleading Information to a Fishery Officer Fisheries Act Section 22(7)—Failing to Hail $1750.00 fine and section 79.2(i)

  • rder of the Fisheries Act.

Installation of VMS for a period of three years David Savoury Garnish, NL Fishery (General) Regulations Section 13(1)(b)—Use a vessel that was not authorized in licence Lobster – Commercial $500.00 fine Forfeiture of 251 lbs of lobster worth $1962.82 2015-12-16 Levi Dominix English Harbour West, NL Fishery (General) Regulations, Section 22(7)— Lobster tag not affixed to pot 2015 Lobster Commercial $1000.00 fine with 6 months to pay 2015-12-09

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Larry Pinksen Wild Cove, White Bay, NL Atlantic Fishery Regulations 22(7) – Exceeding number of crab pots Crab Fishery $1500.00 fine, 2 years to pay plus $2850.00 claw back for amount of crab taken from excess pots 2015-12-08 Fisheries (General) Regulations 27(1)(a) Tending fishing gear with wrong CFV number displayed $1000.00 fine, 2 years to pay There was also a 79.2 order stating that Mr. Pinksen must have all fines paid in full before he can transfer his licenses Duane Oram Hare Bay, NL Section 22(7) Fisheries (General) Regulations – Inaccurate hail Section 22(7) Fisheries (General) Regulations – Inaccurate log book entry 3L Cod Stewardship Fishery $1000.00 for each count and forfeiture of $556.50 worth of cod 2015-12-08 Shawn Hickey Benoit’s Cove, NL Atlantic Fishery Regulations S.44 (1) —Unlawfully possess herring that is less than 26.5 cm in length Herring $1000.00 fine Forfeiture of full proceeds of the catch in the amount of $2633.08 2015-12-04 Frazer Scanlon Castors River North, NL Fishery (General) Regulations, Section 22(7)— Failing to palpate seal cranium Seal $500.00 fine with 6 months to pay 2015-12-01

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Newfoundland & Labrador

N.L. crab fishermen often break rules: DFO

CBC News Posted: Jun 03, 2010 12:40 PM NT Last Updated: Jun 03, 2010 12:38 PM NT

Federal fisheries researchers found that 20 per cent of the Newfoundland and Labrador crab fishermen they monitored were breaking fishing regulations — some were taking more than their quota and many were fishing in areas they weren't licensed to fish in. Two separate Department of Fisheries and Oceans investigations in 2007, 2008 and 2009 looked at crab fishing by boats in the huge area off the province's east coast known as 3L. "We found a number of violations, including leaving port without the observer, exceeding quotas, fishing in an area they weren't licensed for," said Ben Rogers, the area chief for conservation and protection with DFO in Newfoundland and Labrador.

One study found 12 of 60 boats had violated fishing regulations. The other study had similar results. DFO said its main concern is that fishermen misreported where they caught their crab.

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Rogers said that some boats are catching all or most of their quotas in an area where they aren't licensed to catch crab, but claiming they were caught in a licensed area. He said they're doing this because they can't find crab in the area they are licensed to fish in. "Short-term gain, but long-term pain. They can catch their crab quickly right now, but in the long term it will impact on the future of the stocks," said Rogers. He explained that misreporting is a problem for DFO scientists, who set annual quotas for different areas based on what they believe are accurate catch reports from fishermen. Fisheries officials said 25 vessels received 58 charges for illegal activity — mostly misreporting Twenty-one of those 25 have been convicted on illegal fishing charges. Their total fines and forfeitures amount to almost $500,000. DFO officials said Wednesday that another 14 cases are underway

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80 people charged, hefty fines handed out in Operation Gearshift In the past year or so the courts in this province have dealt out some of the highest fines ever to people convicted of fisheries-related offences — in particular to fish harvesters misreporting catches and logbook information in the snow crab and northern shrimp fisheries. The charges were the result of a major investigation known as Operation Gearshift conducted by the Department of Fisheries and Oceans (DFO). The investigation began in April 2009 and concluded in March 2012, with individual cases making their way through the courts ever since. In all, 72 fish harvesters were charged, and one dockside Monitor. “The ongoing focus revealed a number of issues to officers and investigators, things like falsifying fishing log books, which is misreporting the areas of fishing activity to the department,” Slaney said.

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“They caught snow crab, and shrimp in some cases, in one area and reported it in their fishing logbook that it was actually caught somewhere else,” Slaney said. “Other types of offences were exceeding the amount of gear being fished, and exceeding individual quotas, and using fishing gear belonging to other harvesters.” “We look at misreporting as a very serious conservation concern and a lot of the processes, from my experience talking to science, stock management is designed to incorporate fairness for all harvesters,” Slaney said. “And if you have this ongoing activity, it is difficult for these people to do a good job managing”. “Logbooks are designed to get input from harvesters, so this is a significant concern”.

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Fish Harvesters convicted for misreporting catches include:

  • Gerard Power of Calvert, fined $75,000;
  • Ronald Sullivan of Calvert, fined $40,000;
  • Lawrence Sullivan of Calvert, fined $35,000;
  • Frederick Goodridge of Renews, fined $9,000.

There has been Numerous DFO (Non Recreational or inland)violations in NL Region every year Since 1997 when the First <100ft appeared in area 6. If the Current FFAW president Mr. Sullivan, doesn’t believe the DFO statistics maybe he could ask the Convicted criminals from his own area who paid some of the biggest fines in NL history.

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We see how well that’s been working out. These are the people The FFAW would have the Federal Government, through DFO put in charge of the management and stewardship of area 6 Virtually the whole system of accountability for under 100ft fleet is on the honour system!!

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SHRIMP PEELING PLANT WORKERS

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There are typically 1200 Shrimp peeling plants workers, (approx.) unfortunately for these hard working people they too are caught in the middle of the FFAW’s irresponsible, and uninformed, and misguide attack on rural NL & L These iced shrimp require immediate and time sensitive production, requiring three shifts (24 hours a day). This often leads to labour shortages, Which all to often leads to temporary foreign workers. This when people often do not even qualify for unemployment.

(numerous newspaper articles from 2014,15,16)

The shrimp landed are low quality, low value product, in onion bags on ice. Most

  • ften are sold on an international market at a greatly reduced price (when

compared to FAS shrimp).

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The number of temporary foreign workers in Newfoundland as of Dec. 1, 2005 was 936, according to the report. Seven years later, (2012) it was 2,551. increasing more every year.

http://www.stats.gov.nl.ca/

According to the Newfoundland and Labrador government the unemployment rate as of April 2016 was 14.7%

Published on April 14, 2016

OCI considering temporary foreign workers for Fortune plant Ocean Choice International (OCI) has job openings at its fish plant in Fortune but apparently no takers. Ocean Choice International placed a province-wide ad for trimmers for the company’s plant in Fortune recently but didn’t get much response.

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“Reacting to the news that the federal government has lifted restrictions on temporary foreign workers for seasonal employers, FFAW president Keith Sullivan told CBC Radio's The Broadcast that a local solution is the better way forward. “Better jobs, not foreign workers, are the answer to labour shortages at fish plants in the province, according to the head of the Fish, Food and Allied Workers”. There were 43 temporary foreign workers ready to go to work at the Royal Greenland Plant in the Bay de Verde when the devastating fire occurred in April

  • f this year. Quinlan Brothers, Ocean Choice International LP all used

temporary foreign workers.

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The off shore vessels current produce IQF (immediate quick frozen) industrial shrimp. Because of EU tariffs on cooked and peeled shrimp had a rate of 20%, it was normally not economically viable to utilize FAS shrimp unless they were going into Canadian or North American Markets. Peeling plants in NL should have first option on purchasing at fare market value (less normal shipping cost) all offshore FAS industrial shrimp. With the Option for high quality offshore FAS shrimp, peeling plants would have a steady raw material supply. This supply would provide much needed steady employment, and reduce or eliminate the need for temporary foreign workers. With this high end product coming into the plants, the chances of having a high end, high dollar, profitable product coming out should increase greatly. This should be done regardless of what SFA area the industrial shrimp it comes from, regardless of what happens with CETA. An agreement needs to be reached where this can happen, sooner rather than later.

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CLOSING COMMENTS AND RECCOMENDATIONS

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Setting aside the LIFO issues , no matter the outcome there will be no winners and most likely only losers from this, the damage to area 6 seems to be done. Many of the riffs the FFAW have created between costal communities, and between the Island and Labrador, may never truly heal. The FFAW seems to have accomplish a few things.

  • 3. they are simply out of touch with reality by continually creating problems and not

finding solutions.

  • 1. By producing the type of documents that can be found on their website, they seem

to have proven they are more incompetent than any one imagined.

  • 2. They seem to have proven they are less relevant than anytime in their history.
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LIFO as a government policy has been in place since 1997, everyone has been aware of it from the beginning. It was reviewed in 2012 and found to be fair. I belief it needs to be kept in the place not just for Financial reasons. It is the Right thing to do for the long term sustainability of the northern shrimp fishery. The change from temporary permits to full licenses, that created this whole mess is something that was done by the Federal minster of fisheries through DFO. The off shore vessels had nothing to do with creating this, and the Federal government through DFO needs to fix it.

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1.Changing the role of the offshore vessels in area 6, as well document, will do more harm than good. All of Labrador, Newfoundland's GDP , as well as economies of NS, NB, Quebec and Baffin island will be affected. 2.The impact to the plant workers can be minimized by having the industrial shrimp from the off shore boats processed in NL plants.

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THE END

  • 3. The under 100ft fleet has way too many boats, and with way too much catching

capacity involved in the shrimp fishery. The number of boats has to be drastically

  • reduce. The onboard monitoring and accountability for the Boats needs to
  • improve. The condition of the stocks has to come before the number of boats and

Harvesters, if the fishery in area 6 can ever again become sustainable. *

  • 4. It seems nothing has been learned!!! Codfish is on the come back or possibly

even here in sustainable numbers. The over capacity has to be looked at now!!!! so we are not back here again in 20 years, a new tags program.