BCTFA NEWLETTER #9 MARCH 23, 2003 Dear Member, Since the last General Meeting of this association on Jan 11th 2003 a couple of meetings have taken place and a couple more are scheduled in the very new future. I will briefly outline them in this letter with the understanding a full debriefing will be made at our next Annual General Meeting. (AGM). Canada/U.S. Bi-Lateral Implementation Meeting. On Jan 16th and 17th 2003 Gregg Holm, Vice President and myself travelled to Long Beach California representing Industry. Also in attendance: DFO from Vancouver and Ottawa, Federal Reps from the International Affairs Directorate and Economic Law Division, WFOA, U.S. Coast Guard, National Marine Fisheries Services and U.S. Federal Government reps from Washington, D.C. Until there has been official agreement and exchange of minutes of this meeting between Canada and U.S. the following is a collection of notes. Hopefully I will have these minutes for you at the AGM. The biggest hurdle to overcome (almost a whole day) was the definition of, what is Fishing! Boy, I didn’t know how complicated fishing was until Lawyers tried to define it. FISHING DEFINITION: Draft between Canada/US governments for the purposes of Annex "C": (a) all vessels are required to notify the appropriate authorities of their intent prior to entering the waters of the other party; (b) a vessel that has notified the appropriate authorities of its intent to fish prior to entering the waters under the fisheries jurisdiction of the other Party shall be considered to be fishing under the Treaty; (c) a vessel that has declared its intent to transit the waters under the fisheries jurisdiction of the other Party must have its gear stowed in an unfishable condition: (d) a vessel shall be considered to have ceased fishing if it enters waters of the other Party less than 12 miles from the baselines from which the territorial sea is measured and has so notified the appropriate authorities; (e) if a vessel has ceased fishing pursuant to (d), it must notify the appropriate authorities of its intent to fish or transit prior to re-entering the waters of the other Party in which fishing would be permitted under the Treaty; (f) a vessel must notify the appropriate authorities upon its departure from the other Party’s waters. The above will be put into fishermen’s language at the AGM! Key points: · U.S. President Bush Letter sent to Senate. (see news...) · Two diplomatic notes have been exchanged. A third note will be exchanged once both countries have taken the necessary internal steps to implement their treaty obligations. The third exchange of notes will bring the revised treaty into force. The US reported that the amended treaty has been transmitted to the Senate for advice and consent to ratification. Implementing legislation has been drafted for introduction into the House of Representatives and the Senate. Regulations and supporting documentation are being drafted in the expectation that Congress will pass the legislation. The highly migratory species fishery management plan is expected to be finalized in the fall. The US agreed to provide advance notice (by April) as to whether the legislation will be approved to enter the treaty into force by June 1 2003 so that all measures can be implemented in a timely manner. · We are in good shape with respect to broadcasting openings and closures to our respective fleets. Both countries will develop consistent language for announcements and explore the use of making reciprocal announcements so that notices of closures reach all locations. · A more formal protocol has been established for data collection and exchange under the North Pacific Albacore Workshop. Previous year catch data will be provided in February with annual consultation taking place in April. Submission of log books and fish slips is crucial to the process. The US will be requiring mandatory log books in the HMS mgmt plan. · There will be new hail system requirements in order to monitor effort and ensure each country is staying within its limits under the treaty. · The US outlined a number of options including providing funding to use the Canadian system to monitor the US fleet, developing its own separate system or cost sharing with Canada in development of a new system designed to monitor both fleets. The US is considering an IVR horizon system currently (a computerized call in system with an operator taking calls) used in the ground fish fishery for collecting catch information for quota management. Canada is exploring the option of using the Coast Guard marine traffic centre to record hails from the Canadian tuna fleet by expanding on the current system used to record hails from foreign vessels. · There is a need for a more accurate list of vessels, which will be fishing pursuant to the treaty. An initial list will be exchanged in April of which vessels we expect and then in June a list will be finalized of which vessels are licensed for US waters. Vessels can be added in season or deleted, but upon the US’s request there will be a seven day waiting period before a vessel that is added can commence fishing. This will apply only to the vessels who apply late for a licence and Canada will just have to make the date of the licence valid seven days after issuance. · Under the amended treaty vessels are required to display their vessel identification marking (VRN) which identifies the flag state of the vessel for enforcement purposes. It was agreed that Canadian vessels will display a "C" behind or in front of the VRN number currently painted on the vessel of the same size. · U.S vessels will display a "U". · The US has requested an understanding with Canada that the Treaty is not intended to permit longlining as a gear for fishing tuna in US waters. Second Tuna Advisory Meeting; was held in Nanaimo on Jan 30th and 31st 2003. Will it be Plan A or Plan B? Lisa Mijacika provided a summary of options for discussion on the main components and rules for the conditions of licence and management plan under two scenarios Plan A (no treaty amendment in 2003) or Plan B (treaty ratified for 2003). Plan A: 1) Fishermen will have to apply for a US tuna licence ($500 fee) to fish tuna in the US waters. The licences will be issued under Section 68 of the Fishery (General) Regulations. The vessel will make application. Rationale: DFO exercises better control and knows who is fishing. Provides a list to the US of which vessels are specifically licensed. The treaty has unique obligations and this is now a separate fleet with separate requirements. There should be improved compliance with reporting. DFO will have a targeted group of licence holders to communicate with on the issues. Who can apply: Any vessel interested in fishing in the US waters may apply. DFO will advise that treaty implementation is inevitable and longer term planning will involve criteria to apply based on past participation. Vessels, which do not hold a schedule II licence wishing to fish on the high seas, will also require a separate licence. 2) The hail system will be improved so that DFO is monitoring effort in vessel fishing months in preparation for the Treaty amendments.The hail system could entail: a) hail-out and advise of entry into US waters (start fishing or transiting) b) assigned a hail verification number c) hail-in and quote verification to report when fishing stopped d) hail and advise if cancelled trip e) hail to provide 30 day updates on fishing activity. For example if a vessel leaves in June and may not report to DFO until October and not sure if still in the US zone. The key is that DFO is better aware of fishing activity of each vessel in the US zone (time). DFO will make the requirement to provide the logbook in hard copy and electronic copy a condition of licence. A US tuna licence will be issued once we receive notification the vessel master has made arrangements for keypunching and the logbook. TAB is supportive of a review process whereby DFO sends out a catch summary for each vessel and provides fishermen an opportunity to verify the records. However there should be standards set up for sources of information that are acceptable to verify any additional catch. Plan B: If 2003 is the first year of the new treaty DFO will implement a plan that limits effort in the US zone to 680 vessel fishing months with a limit on the number of vessels eligible to apply for a US waters licence. Developing a criteria to select 170 vessels based on past participation with a quantitative criteria based on specific effort amounts (landings/years) cannot be implemented for the 2003 season. DFO believes the information reported by way of logbooks and fish slips is capturing approximately 70% of the actual catch and effort. A review process of catch information for individual vessels should be set up to verify the information before it is used to formulate a criteria for selection of vessels. Out of the numerous options presented on Plan B, to TAB, the most support was for DFO to issue licences and monitors months in season through the hail system and closes the fishery in the US waters once we meet the limit of 680 vessel fishing months. For example, DFO advises industry in September of the effort to date and if close to exceeding then issues notification of closure and if not keeps the fishery open. TAB also showed the most support to the following screening criteria options: i. The vessel applying must be currently licensed with either a vessel based or Section 68 (as of December 31, 2002); and ii. Limit access to only those vessels that have participated in the US zone pre control date (April 15, 2000) in the years 1995-1999 as substantiated by government records. This excludes new entrants who started in the fishery in 2000 or 2001. This would mean 236 vessels may be eligible to apply based on DFO records. There are a number of vessels which fished tuna in the US zone during the period specified but are no longer licensed so will not be eligible to apply for a licence. Some of these vessels were sold, sunk, retired licences etc. This will likely reduce the number of vessels eligible by 10%. · TAB raised the option of transferable vessel fishing months or transferable licences. However, DFO advised that this type of system is not possible for 2003. Plan B is a one year plan to introduce the limits under the new treaty and the priority is to establish control of the fleet size and effort before a measure that allows this much flexibility would be implemented. A re-allocation of months system involves licence amendments and additional resources. · Some concern was raised over the vessel applying and the vessel participation being what is screened for eligibility (rather than licence or man) to apply because vessels have been sold etc. DFO explained the complexity of following the licence rather than the vessel such as more than one vessel could qualify from the same fishing history since licences have been transferred and any vessel based licence authorized fishing tuna as a schedule II species in the past. TAB agrees the focus should be on active vessels in the US zone being granted continued access and recommends an process for any extenuating scenarios. · TAB recognizes that whichever plan is implemented is contingent upon the US advising Canada of the treaty legislation status, however stresses the need for appeal process be established for selection of vessels in the longer term the fleet to have sufficient notice of the new requirements to apply for a US licence by June 1. TAB agreed DFO should broadly distribute a mail out on the application process and new changes to conditions of licence and the management plan. TAB also agreed that if we are implementing Plan B and industry wide meeting should be organized to distribute information to the fleet. The BCTFA will help organize an open to all meeting. Next Meetings: BCTFA –AGM-- (See Attachment) this is your mandatory two-week notice. This attachment can double as a notice. Please post it in a conspicuous place in your community. It is my hope that by this date we will have word from the U.S as to whether or not they can put into force the new treaty. I keep in constant touch with the WFOA and Ottawa on any word. As of Friday, March 21st , no news. With the U.S. at war I think the U.S. senate has more important things on their agenda. As soon as I receive word it will be posted on our website and our email membership will be notified and they hopefully will spread the word to the rest of you. Next Canada/U.S. bi-lateral meeting: It is Canada’s turn to host the next round of meetings. They will be held in Vancouver, B.C. April 15th and 16th 2003. The BCTFA will be in attendance representing you. I strongly suspect by this date the U.S. will know if they can implement the new treaty for 2003. As usual an agenda is agreed on a week or so before the meeting and hopefully an announcement will be made. So in all likely hood we will know by the A.G.M. Next Tab/Industry meetings: An April TAB meeting is not necessary unless Plan "B" is being implemented. If we’re operating under Plan "B" then TAB will meet and then DFO will announce a Tuna Industry Meeting sometime late April or early May. April 26th in Nanaimo is being considered. I should have firmer information for you at the AGM. Log book /Hail system meetings: In the coming weeks DFO will meet with various industry reps. Lisa Mijacika and Diana Tragger will be in attendance at our AGM and will update you on any decisions, that have been made on these two topics. Canadian Highly Migratory Species Foundation (CHMSF) Lorne Clayton, Executive Director, of the foundation has asked this association to put forward names for nomination as directors of CHMSF. Gregg Holm has agreed to let his name stand. If a member wants his name to stand as a director on this board please give me a call. Also, if you know of anyone that you think might be interested, fishermen, scientists, buyers, processors, etc., forward their names to Lorne Clayton at 250-658-0179. The foundation has a web site, the address is www.chmsf.ca. It is also linked to our website is www.bctfa.com. DFO/TAB Websites: "Tuna consultations" is linked to our website for easy access by members. All the latest information, minutes of TAB meetings are all there including amendments to the Treaty. North Pacific Albacore Tuna-Pacific region is another DFO web site linked to us. It can be found by clicking the links button on the home page. By using our website everything pertaining to Tuna can be accessed including WFOA, American Fishermen research Foundation, Coast Guard, CHMSF, DFO etc. We are continuously up grading the site. Next upgrade will be after AGM and this year’s membership book is published. Interesting Stat Charts: The DFO has issued some interesting charts. They are quite large. Click here to view, but they will take some time to load. This should encourage you to give DFO a call and request what records they have on your boat. Based on DFO records it is becoming very apparent they are getting very close to identifying a "future Tuna Fleet" that will be licensed to fish in U.S. waters. When you have your records from DFO between the years 95-99 compare them to your own. If there is a discrepancy, bring it to DFO’s attention. It could make the difference whether or not you get a future licence to fish in U.S waters. There will not be any further limitations to fish off shore or in Canadian Waters. As of March 31, 2003 no Canadian Boat is licensed to fish in the U.S EEZ. You will be instructed as to when and how you can make an application to fish in the U.S. Waters. These and other stat charts will be discussed at our AGM. Please remember that you will have to extrapolate those records that reflect your catch in U.S. waters only. A "Ranking" of the fleet will be based on participation and tonnage while in U.S. waters. In closing, I hope this newsletter has helped in your quest for information. I know there are many questions still out there and I will endeavour to find the answers. I HOPE TO SEE ALL OF YOU ON April 12th. Maybe on that day I will have solid answers for you. It could very well be the day we have all been waiting for and the anticipation will finally be over. Larry Teague, President, BCTFA