Courtesy of Pacific Prawn Fishermen's Association "PROFESSIONALIZATION" EXPERIENCE IN NEWFOUNDLAND The following letter is taken directly from the November 2000 issue of Navigator Magazine, which is published in St. John’s, Newfoundland. The letter should be of interest to all fishermen in B.C. who have recently received a letter and application form to for "professional certification" by the British Columbia Council of Professional Fish Harvesters. Both the BC Council and the Newfoundland Council are members of the Canadian Council of Professional Fish Harvesters and share the same fundamental objectives for "professionalization" of the fish harvesting sector in Canada. (Editor’s note: The following letter supporting a court challenge by Wally Wrice against forced financial disclosure required by the Fish Harvesters Certification Board was signed, as indicated, by 18 individual fish harvesters from throughout Newfoundland). In 1996 the Provincial Government, by passing legislation through the House of Assembly, set up the Newfoundland and Labrador Professional Fish Harvesters Certification Board. The Board’s mandate at that time was: provide an advisory group for the federal and provincial governments; promote conservation and fish quality; set up a fish harvesters registry; set up and maintain a fish harvesters registration system; issue certificates to qualified fishers; set up and maintain a Code of Ethics for fish harvesters and to apply penalties against fish harvesters who break the Board’s Code of Ethics. Before stating our concerns, we want to state clearly that our group of fish harvesters agrees with the principle of professionalization of the fishery; however, in our opinion this Board has gone too far. The original concept of professionalization was for the protection of fish harvesters; there is something seriously wrong when we must now seek protection from the actions of this Board. All fish harvesters now have to provide a Consent Form to the Board (or hire a certified accountant) which allows the Board to have (1) access to their personal tax information at Revenue Canada; (2) access to information from HRDC on their Employment Insurance status and eligibility for the Atlantic Groundfish Strategy; (3) access to any other relevant information such as their social insurance number etc. The Board says that it needs all this personal and private financial information in order to determine if a harvester’s professional status is going to be renewed each year. The forced disclosure of this type of information is an invasion of privacy and is unnecessary. We therefore fully support the court action taken by Mr. Wally Wrice against this Board and Department of Fisheries and Oceans. The Board has passed policy which makes it mandatory that a harvester earns 75% of his/hear yearly income from fishing during the fishing season. If you don’t meet this criteria then you won’t be allowed to register with the Certification Board and, even though you may have been fishing for 30 years, all of a sudden you are no longer a professional fish harvester in the opinion of the Board. What has happened in this situation to change this person's status? This policy prevents fish harvesters from getting involved in other businesses outside the fishery and is discriminatory as no one else is subject to similar restrictions. The earnings criteria would normally not be a problem, but starting this year, DFO will not issue species licenses to anyone who is not registered with the Board. Now, the Certification Board is, for all intents and purposes, issuing all fishing licenses. DFO is merely going to give out the licenses to whoever the Board says. The Board is also taking over most other DFO licensing powers such as the ability to issue designations, because the designated skipper also has to be registered with the Board. It is extraordinary for a Provincial Board to be controlling a federally regulated industry such as fishing. With respect to the Code of Ethics that the Board passed (and was approved by the Minister of Fisheries and Agriculture, Mr. Efford) one section makes it mandatory for a fish harvester (non-co-op) to be a member in good standing of the union. If not, you are in breach of the Code of Ethics and your certification is taken away; then automatically DFO takes away your species licenses and you can’t fish, no matter how many years you have been in the industry. This code of Ethics also provides penalties for breaching any of the rules listed in it with up to a $10,000.00 fine or permanent cancellation of your certification being the worst that would happen. Of course if your certificate is gone then you are no longer a fish harvester and you can’t get a species license from DFO anyway. All of this can happen by breaking a Board rule that did not exist until last year and certainly was not an issue when you started fishing years before. These are only some of the problems we see with what the Professionalization Board has done and all of it; the invasion of our privacy by demanding tax and other government records, the imposition of yet another layer of penalty filled bureaucracy (to say nothing of attempting to limit how much money we, as citizens of Canada, can make) etc. is being supported and condoned by the Department of Fisheries and Oceans through its Regional Director in Newfoundland, Mr. Joe Price, who speaks for the Department of Fisheries and Oceans. Mr. Price is giving away the Federal Government’s authority to regulate our industry to the Professionalization Board, which will control your licenses. Our position is clear – we fully support the Court action taken by Mr. Wally Wrice against the Board and the Department of Fisheries and Oceans. When the Professionalization Board makes a financial investment in our fishing enterprises, then they can have a say in how we operate our businesses – not before. Signed by; Ed George, New Hbr. Sam Lambert. South Port. Levi Lynch Spaniards Bay, Jeff Collett, Fairhaven Frank Fleming,Hr. Main, Bruce Laymanoak Hr Pit Cove, Albert Hiscock, Bernard , Ross Petten,Port da Grave, Ray Newman Spring dale ,Paul Rider, Bonavista, Ivan Russell, Torbay, Fred Roberts ,Little Bay Islands . Perry Burton, Browns Arm. Ray Croft St. Johns , Glen Norman, Bonavista , Calvin Pickett , Centreville. So far, in British Columbia, membership in the B.C. Council of Professional Fish Harvesters is completely optional and voluntary. However, the B.C. Council has indicated that it may eventually take over the function of certifying fishermen and issuing the Fishermen’s Registrations (FRC’s or by their old name, PCFL’s) that are required by individuals in order to participate in commercial fishing (which has already happened in Newfoundland). Taking over the function of, and funds from, Fishermen’s Registrations is the proposed "pool of existing government funding" which will cover the costs of the ongoing program. As indicated in their own documents, in order for the B.C. Council of Professional Fish Harvesters to take over issuing Fishermen’s Registrations and certifying fishermen, they would have to have the support of both the Provincial Government and the Federal Government. The Pacific Prawn Fishermen's Association does not support the B.C. Council of Professional Fish Harvesters in their attempts to further "certify" and regulate participation our industry and we encourage our members and their crew to inform themselves about this important issue before considering whether to join the B.C. Council of Professional Fish Harvesters by responding to their Application Form.