Vol. 135, No. 47 — November 24, 2001

Regulations Amending the Pacific Fishery Regulations, 1993

Statutory Authority

Fisheries Act

Sponsoring Department

Department of Fisheries and Oceans

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The Department of Fisheries and Oceans (DFO) charges commercial fishers a fee for shrimp-trawl licences. Since 1998, these fees have included management costs (e.g. program delivery and human resource costs) that fund collaborative programs, such as at-sea sampling, research (including stock surveys) and catch monitoring, that have been implemented in the fishery. The management portion of these fees is returned to DFO by way of a Treasury Board agreement that is due to sunset in March 2002. This is the last fishery managed under the Pacific Fishery Regulations, 1993 that recovers fees for management through a Treasury Board agreement.

Other examples of fisheries managed under the Pacific Fishery Regulations, 1993, where the Department has ended the collection of management fees through a regulated licence fee and moved to voluntary collection of these costs by industry organizations, include the halibut fishery and the prawn fishery. Two Treasury Board agreements concerning the management fees for halibut and prawn fisheries expired on March 31, 2001, and licence fees in these fisheries were amended by regulation prior to the opening of the fishing season.

DFO is encouraging fishers to form industry associations to enable industry representatives to assume greater responsibilities in the development and delivery of the commercial harvest plans, and to become more directly responsible for considering the effects, impacts and costs of implementing the harvest plans. In 1997, a representative shrimp-trawl industry association was formed — the Pacific Coast Shrimpers' Cooperative Association (PCSCA) — to enter into collaborative programs and agreements with DFO. The PCSCA represents over 200 (approximately 85 percent) shrimp-trawl licence holders, five processors, communal commercial licence/holders and a number of industry associations (i.e., the West Coast Shrimp Fishery Association, the B.C. Beam Trawlers' Association, the Deep Sea Trawlers Association, and the Northern Shrimp Trawlers' Association).

As part of this movement towards the voluntary collection of management fees by industry organizations, DFO is proposing to eliminate regulated industry contributions to management costs by amending the Pacific Fishery Regulations, 1993, under the Fisheries Act, thereby reducing the fee for commercial shrimp-trawl fishing.

DFO's position is that licence holders should voluntarily contribute funds for improved management of their fisheries through the development of joint project agreements with DFO rather than as a regulated requirement. DFO and the shrimp-trawl industry, through the PCSCA, are discussing joint project agreements to fund management programs and program delivery costs for the 2002-fishing season. The PCSCA takes an active role in developing arm's length co-management arrangements between industry stakeholders and DFO.

Alternatives

The status quo is an alternative. However, the recovery of management costs through a Treasury Board agreement was set out as a temporary measure that will expire in March 2002. The shrimp industry is aware of this. The timing of this proposal coincides with the expiration of the Treasury Board agreement for the administration of shrimp-trawl management costs. If the Regulations were not amended, fishers would continue to pay licence fees that include management costs, but there would be no arrangements to recover these monies from the Consolidated Revenue Fund, and fishers would not receive the intended benefits. In addition, the status quo is not consistent with DFO's current direction with respect to a more co-operative approach. As licence fees are prescribed by regulation, a regulatory amendment is required to effect a reduced licence fee.

Benefits and Costs

The current fee is based on the overall length of the vessel and ranges between $1,100, for a vessel less than 11.69 m in overall length to $4,100 for a vessel that is 23.1 m or more in overall length. The fee for a shrimp-trawl licence will be reduced to $100 for vessels of all lengths, which represents a reduction in the range of $1,000 to $4,000 for each of the 248 commercial shrimp-trawl licence holders.

As a consequence of the regulatory amendment and joint project agreements, the Government's administrative costs for the collection and allocation of management fees will be eliminated. Some of these governmental savings will be offset by increased workload in human resources and development, negotiations and implementation of collaborative agreements with the industry.

Industry organizations may experience increased administrative costs in establishing alternative arrangements for the continuation of these management activities. However, they may also be able to establish less costly supplier services than those previously negotiated because they will have more say in how these arrangements are negotiated and structured. The shrimp-trawl industry would assume more responsibility for management of the fishery by directly paying monitoring costs (e.g. at-sea sampling and catch monitoring).

Consultation

The proposed change has been discussed with the Shrimp Trawl Sectoral Committee over the past three years. This Committee is the main advisory body to DFO on matters pertaining to the shrimp-trawl fisheries. It includes elected representatives of the commercial vessel owners, and invited representatives of buyers, the Government of British Columbia, the Sport Fishing Advisory Board, and First Nations.

In 1998, owners of vessels licensed for the shrimp-trawl fishery were advised that the arrangement allowing management fees to be collected as part of the licence fee was temporary and would terminate in 2002 upon sunset of the Treasury Board agreement. This notice has been published annually since 2000 in the shrimp-trawl fishery management plans that were developed in consultation with industry, including communal commercial/fishing licence holders. Management plans are distributed to licence holders as well as coastal First Nations and are available on DFO's Internet site or on request.

The reduction in the shrimp-trawl licence fee that represents the management cost component is anticipated by industry. The PCSCA has expressed concern about the change to the proposed fee schedule. Their concern is that not all licensed shrimp-trawl fishers will voluntarily contribute to co-management fees. Some shrimp fishers choose not to fish in a given year; they then may question why they should pay for co-management costs for that year. They are, however, still required to apply for a licence and pay the regulated licence fee. This raises concerns about the PCSCA's ability to collect sufficient funds to continue to fund co-management activities, such as contracting for catch monitoring services and undertaking stock surveys that may provide for fishing opportunities. Further, the shrimp-trawl industry has been impacted in recent years by:

(1) the salmon licence retirement program, which resulted in a shift from salmon to shrimp fishing and, therefore, increased the number of full-time shrimp trawlers;

(2) DFO's conservation measures to reduce the by-catch of eulachon in the shrimp-trawl fishery, which has shortened the shrimp-trawl fishing season; and

(3) a decline, since 1997, in the total landed value and gross income.

DFO and the industry, through the PCSCA, are currently engaged in establishing a new means for the collection of management fees similar to those used by the prawn and halibut fishers. DFO will no longer require licence holders to fund co-management programs. DFO's fishery managers will continue to work with industry to assist them in developing new mechanisms to independently collect funds for co-management activities and provide them with advice and examples from other fisheries (e.g. prawn and halibut) that have successfully implemented such arrangements. The PCSCA is active in soliciting funds from other agencies to undertake research and development programs to benefit the shrimp-trawl fishery.

The three Aboriginal communities that hold communal-commercial shrimp-trawl licences pay the same fees as other commercial fishers and will be similarly affected by the change in fee schedule under this amendment.

Compliance and Enforcement

In accordance with its mandate, DFO will continue to administer compliance with the requirements of the licence fees and enforcement of the Regulations, under the Fisheries Act. The individuals affected by the amendment will be reminded of the new licence fee when they receive their 2002 application form, which is sent directly to each licence holder by mail.

Contacts

Wendy Grider, Chief, Regulations Unit, Conservation and Protection, Fisheries Management, Fisheries and Oceans Canada, 470-555 West Hastings Street, Vancouver, British Columbia V6B 5G3, (604) 666-6408 (Telephone), (604) 666-4313 (Facsimile), GriderW@pac.dfo-mpo.gc.ca (Electronic mail); or Jason McLinton, Policy Analyst, Legislative and Regulatory Affairs, Fisheries and Oceans Canada, 200 Kent Street, Ottawa, Ontario K1A 0E6, (613) 998-9380 (Telephone), (613) 990-2811 (Facsimile), McLintonJ@dfo-mpo.gc.ca (Electronic mail).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to sections 8 and 43 (see footnote a) of the Fisheries Act, proposes to make the annexed Regulations Amending the Pacific Fishery Regulations, 1993.

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Wendy Grider, Chief, Regulations Unit, Conservation and Protection, Fisheries Management, Department of Fisheries and Oceans, 470-555 West Hastings Street, Vancouver, British Columbia, V6B 5G3. Telephone: (604) 666-6408, Facsimile: (604) 666-4313.

Ottawa, November 22, 2001

RENNIE M. MARCOUX
Acting Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE PACIFIC FISHERY REGULATIONS, 1993

AMENDMENTS

1. Subitem 3(16) (see footnote 1) of Part I of Schedule II to the Pacific Fishery Regulations (see footnote 2), 1993 is replaced by the following:

Item	Column I Registration or Licence	Column II Fee ($)
3.	Commercial Fishing Licences - Annual
(16)	Category S - Shrimp Trawl	$100.00

COMING INTO FORCE

2. These Regulations come into force on the date on which they are registered.

[47-1-o]

Order Amending the Export Control List

Statutory Authority

Export and Import Permits Act

Sponsoring Department

Department of Foreign Affairs and International Trade

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The Convention on the Prohibition of the Use, Stockpiling, Production, and Transfer of Anti-Personnel Landmines and on their Destruction (Anti-personnel Landmine Treaty) was opened for signature in Ottawa on December 3, 1997, and has been signed by 133 states. A further six states have since acceded to the Treaty. It is the first international instrument to ban an entire range of weaponry that has been in regular and widespread use. Under the terms of the Treaty, States Parties are required, inter alia, never to use, stockpile or develop anti-personnel landmines. For the purposes of export controls, item 5503, which covers anti-personnel mines, has been added to the Export Control List (ECL) pursuant to the Export and Import Permits Act (EIPA).

Alternatives

The Treaty is unique. Since signing the Treaty in December 1997, Canada has given its commitment to honour the terms and obligations contained in the Treaty. One of the key obligations is to impose export controls on the export of anti-personnel mines to ensure that such goods are not used anywhere in the world. There are no other alternatives that would provide us with this ability.

Benefits and Costs

All landmines, including anti-personnel mines, are already controlled in Group 2 of the booklet "A Guide to Canada's Export Controls," or item 2004 of the ECL. However, to ensure that the terms of the Treaty can be met, that is, that the Minister of Foreign Affairs has the authority to impose a prohibition of these dangerous items, a decision was made to include anti-personnel mines as a separate item in the ECL.

Except for the 1 668 landmines in use by the Canadian Armed Forces for training purposes, Canada neither possesses nor intends to use anti-personnel mines in the future. In order to ensure that there are no future imports, the Import Control List (ICL) is being amended accordingly.

Consultation

Consultations have been held with the Department of National Defence and various Divisions within the Department of Foreign Affairs and International Trade. Considerable effort was put into the signing ceremonies held in Ottawa in December 1997 and broad support was received.

Compliance and Enforcement

Goods contained in the ECL are subject to export permits. Failure to be in possession of the required export permit can result in prosecution and conviction under the EIPA.

Contact

Mr. Thomas E. Jones, Deputy Director (Technology), Export Controls Division, Export and Import Controls Bureau, 125 Sussex Drive, Ottawa, Ontario K1A 0G2, (613) 996-0197 (Telephone), (613) 996-9933 (Facsimile).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to paragraph 3(d) and section 6 (see footnote b) of the Export and Import Permits Act, proposes to make the annexed Order Amending the Export Control List.

Interested persons may make representations with respect to the proposed Order within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Thomas Jones, Deputy Director, Export Controls Division, Department of Foreign Affairs and International Trade, 125 Sussex Drive, Ottawa, Ontario K1A 0G2.

Ottawa, November 22, 2001

RENNIE M. MARCOUX
Acting Assistant Clerk of the Privy Council

ORDER AMENDING THE EXPORT CONTROL LIST

AMENDMENT

1. The schedule to the Export Control List (see footnote 3) is amended by adding the following after item 5502:

Anti-personnel Mines

5503. Anti-personnel mines as defined in section 2 of the Anti-Personnel Mines Convention Implementation Act. (All destinations)

COMING INTO FORCE

2. This Order comes into force on the day on which it is registered.

[47-1-o]

Footnote a

S.C. 1991, c. 1, s. 12

Footnote 1

SOR/98-237

Footnote 2

SOR/93-54

Footnote b

S.C. 1991, c. 28, s. 3

Footnote 3

SOR/89-202

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