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General

Q1. Where can I obtain more information on the changes to gear tagging in commercial fisheries?

A1. Information on the changes to gear tagging and vessel tabs may be found on the Fisheries and Oceans Canada website at www.dfo-mpo.gc.ca/fm-gp/sdc-cps/nir-nei/tags-etiquettes-eng.htm. There is also a quick link to all of the fisheries management service delivery changes from the Department's website home page at www.dfo-mpo.gc.ca/index-eng.htm under the heading “Fisheries Service Changes in 2013”.

Q2. Where can I find a copy of the Protocol for Gear Tagging in Atlantic Commercial Fisheries?

A2. The Protocol for Gear Tagging in Atlantic Commercial Fisheries may be found on the Department's website at www.dfo-mpo.gc.ca/fm-gp/sdc-cps/protocol-eng.htm. A search engine will also take you to this location on the site.

Q3. Why doesn't Fisheries and Oceans Canada just continue to buy the tags and sell them to harvesters?

A3. Fisheries and Oceans Canada does not have the legal authority to sell tags to harvesters.

Vessel Tabs

Q4. Why are validation tabs being eliminated in the Pacific?

A4. At a time when radio and other communications systems were generally poor or non-existent, validation tabs were used in the Pacific Region to provide visual confirmation that a fishing vessel had the appropriate species licence for the current year. Technological advances now allow Fishery Officers to verify either by radio or by computer that vessels are properly licensed. This has eliminated the need for validation tabs.

Q5. How will the Pacific roe herring gillnet fishery be impacted?

A5. After the 2013 roe herring fishery, industry will be required to assume responsibility for the cost and distribution of decals used for tagging roe herring gillnets. In conjunction with industry, the Department will consider alternative marking systems in this fishery.

Cost of Tags

Q6. What are my tags going to cost me?

A6. The cost to acquire tags is not information that Fisheries and Oceans has because this will be set by your tag supplier. A list of approved tag suppliers will be posted on this website, and the Department's regional websites, in the near future.

Q7. I already pay for tags in my fishery - does the new process apply to me?

A7. The new tagging protocol applies only to those fisheries that had tags supplied by Fisheries and Oceans Canada. If you were already paying for your tags under an established process, the new system will not apply to you.

Q8. Why is Fisheries and Oceans Canada supplying tags to some commercial harvesters who fish early in the year, but making harvesters who fish later in 2013 purchase their tags?

A8. Fisheries and Oceans Canada was required to provide tags until the regulations requiring this was changed. March 31, 2013 was the earliest that this change could be completed.

Q9. In the past, the fees I paid for my licence included payment for my gear tags. Now that I have to buy tags separately, will I be paying less for my licence in 2013?

A9. Where Fisheries and Oceans Canada provided tags in the past, those tags were paid for by the Department and the cost was not included in licence fees. Consequently, licence fees will not be reduced to compensate harvesters who are now required to purchase tags from approved tag suppliers.

Getting Tags (including Replacement Tags)

Q10. Where do I get my tags?

A10. Tag suppliers are responsible to submit tagging plans to Fisheries and Oceans Canada for approval. Once a tag supplier has been approved, they will be added to a list of approved tag suppliers that will be available on our website – in Regional-specific areas as well as the Service Delivery Changes section. You will need to review the list of approved tag suppliers once available and choose the one you prefer to supply your tags.

Q11. I am confused about how I will receive my replacement tags. Will I receive the 10% up front with my tag order or will I receive replacement tags as required?

A11. As outlined in the Protocol for Gear Tagging in Atlantic Commercial Fisheries, two methods are available to obtain replacement tags. Tag suppliers are required to outline how they will deliver replacement tags under both scenarios. The option available to you to obtain replacement tags will depend on what has currently been negotiated within your fishing area through normal consultative processes. If you currently receive additional tags up front with your original tag order, this will continue. If you currently receive replacement tags as required, this will also be the case under the industry-funded approach.

Q12. If a harvester needs replacement tags quickly, how will this be accomplished under the new tagging program?

A12. The Protocol for Gear Tagging in Atlantic Commercial Fisheries sets out that Tagging Plans must include the provision of replacement tags to harvesters within two days of the harvester requesting replacements. The two-day replacement window may only vary if the tag supplier has the agreement of the harvesters covered by the tagging plan.

Q13. How will tagging work in fishing areas where there are split seasons and harvesters use one set of gear in the first part of the season and different gear in the second part of the season?

A13. Situations such as these occur in a number of Regions. In some fisheries with split seasons, harvesters use the same fishing gear in both seasons. In these instances it may be possible to use the same tags for both seasons. In fisheries where different gear is used during the second part of the season, harvesters will need a second set of tags: either a second set of original tags or, possibly, replacement tags. Regional staff will work with harvesters and tag suppliers to determine and implement the option that best suits the situation, on a case-by-case basis.

Tagging Plans and Tag Suppliers

Q14. What does a tagging plan look like and is there a format for a tagging plan?

A14. A template for a tagging plan may be found at www.dfo-mpo.gc.ca/fm-gp/sdc-cps/nir-nei/tags-etiquettes-temp-gab-eng.htm.

Q15. Is it essential that Tagging Plan proposals include the exact tag to be used in the required colour before the tagging plan can be approved?

A15. Fisheries and Oceans Canada is committed to ensuring that tag suppliers provide tags that are durable and that are, and will remain, legible. In administering departmental tagging programs, the Department has been provided samples that fail to meet these standards. Consequently, to ensure the integrity of tags, we need to see a sample of the actual tag proposed to supply to industry.

However, the Department does not require these samples to be the colour specified in the Tagging Protocol if the proponent provides assurance that the tag will be the actual pantone colour specified in the Tagging Protocol or if the proponent provides a colour chip of the actual colour they will be using. Similarly the Department will only need to see how information will be recorded on the tag to ensure that it is legible and durable. For sample purposes, this information does not have to be in the format required by the Tagging Protocol.

Q16. How will the criteria for tagging plans be scored and who will sit on the evaluation board?

A16. Tagging plan proposals are to be submitted to the Director of Resource Management in the applicable region (Attention: Tagging Officer), Fisheries and Oceans Canada for review and evaluation against the Protocol for Gear Tagging in Atlantic Commercial Fisheries. The evaluation of tagging plans is not a competitive process. The Department will work with proposed tag suppliers in an attempt to resolve any deficiencies in proposed tagging plans.

Q17. Is there a recourse or appeal process if my tagging plan proposal is not approved?

A17. Departmental staff will work with all tagging plan proponents to try and resolve any deficiencies that result in a proposed tagging plan not being approved. Outstanding concerns should be addressed with the Director of Resource Management in the applicable Region where the tagging plan was assessed.

Q18. Will tagging plans submitted to Fisheries and Oceans Canada be treated confidentially or will they be available to the public and proponents of other tagging plans?

A18. The Department will post lists of approved tag suppliers but will not be making tagging plans publicly available. Fisheries and Oceans Canada will treat tagging plan submissions in accordance with Government of Canada policies on maintaining records and in accordance with legislation on Access to Information and Privacy.

Q19. Will there be a formal call letter for tagging plans or should Associations and groups start immediately preparing and submitting plans?

A19. The process to become a tag supplier is not a competitive process and Fisheries and Oceans Canada will not be issuing a call letter for tag suppliers. Tag suppliers should submit tagging plan proposals as soon as possible to ensure that tagging plans are approved and tags are available for fisheries opening after April 1, 2013. NOTE: Tagging plan submission dates for 2013.

Q20. Why is Fisheries and Oceans Canada not giving existing fishing organizations the first opportunity to obtain and supply tags to their local harvesters?

A20. The Department can set the criteria for tagging plans and require that these plans identify who will be supplying tags. However, Fisheries and Oceans Canada does not have the authority to give any group preferential treatment when considering who will become a tag supplier. Existing fishing organizations have the opportunity to submit tagging plans to the Department for consideration of approval.

Q21. Has Fisheries and Oceans Canada considered that many harvester associations are “not-for-profit” organizations and this will this impact their ability to participate in the competitive process for the submission of tagging plans?

A21. Fisheries and Oceans will evaluate all tagging plans that are submitted on the basis of the criteria set out in the Protocol for Gear Tagging in Atlantic Commercial Fisheries. This is not a competitive process, and any individual or group that submits a tagging plan that meets the criteria outlined in the protocol can become a tag supplier.

Q22. How firm is Fisheries and Oceans Canada on the requirement to meet deadlines on the submission of tagging plans set out in the Protocol for Gear Tagging in Atlantic Commercial Fisheries?

A22. Fisheries and Oceans Canada is exercising flexibility in applying the deadlines in the Tagging Protocol in advance of the 2013 fishery. The Department is taking this approach for 2013 to facilitate the development of tagging plans and to ensure that tags are available for fisheries opening on April 1, 2013.

Q23. How often will DFO update the list of approved tag suppliers?

A23. The list of tagging suppliers will be updated on an ongoing basis as tagging plans are approved by the Department.

Q24. Will tag suppliers be able to withhold tags from a harvester in the absence of payment by that harvester?

A24. The purchase of tags by a harvester from a tag supplier is a financial business transaction between those two parties and does not involve Fisheries and Oceans Canada.

Q25. What controls will be in place to prevent harvesters from getting tags from more than one supplier?

A25. Fisheries and Oceans Canada will control this through licence conditions that limit fish harvesters to obtaining tags from one supplier and require licence holders to maintain a record of all tags they are fishing. This record must be kept onboard the fishing vessel while fishing.

Q26. Can a tag supplier provide a more comprehensive service to harvesters such as assisting them in the use of the online licensing system and other services?

A26. Yes, provided this does not create a conflict of interest between the tag supplier and harvesters. There would be no conflict of interest if a tag supplier also operated as a representative for the online licensing system; however, the decision to appoint a representative for the system is a private one.

Q27. How will the tag supplier obtain the address of a fish harvester? Will the Department supply this?

A27. The Department is unable to provide addresses of fish harvesters to tag suppliers due to the Privacy Act. We can supply lists of fish harvester names and their licence number; however, fish harvesters will need to ensure that their respective tag supplier has their mailing address if tags are being mailed out.

Tag Manufacturers

Q28. Can a tag manufacturer also be a tag supplier?

A28. Tag manufacturers have the option to become tag suppliers if they submit a tagging plan that is approved by Fisheries and Oceans Canada

Q29. Are tag manufacturers prepared to work with several tag suppliers who have approved tagging plans?

A29. This is a question that Fisheries and Oceans Canada cannot answer. This question should to be directed to a tag manufacturer as the Department is not a party to agreements between tag manufacturers and tag suppliers.

Legal Issues and Conflict of Interest

Q30. Are there any legal/liability issues associated with becoming a tag supplier?

A30. Fisheries and Oceans Canada will not be a party to arrangements between tag suppliers and harvesters; therefore, the Department is not in a position to provide advice on the legal issues that may arise between those two parties.

Q31. Will fish buyers or other individuals or companies that are in a business relationship with harvesters be eligible to become tag suppliers and thereby influence or put leverage on harvesters by controlling the supply of tags?

A31. Prior to approving a Tagging Plan, Fisheries and Oceans Canada will assess whether approval would create a conflict of interest between the tag supplier and harvesters.

Q32. The Protocol for Gear Tagging in Atlantic Commercial Fisheries states that tagging plans will not be approved where that approval will result in a conflict of interest between the tag supplier and harvesters. How does the Department define a conflict of interest?

A32. A conflict of interest may exist where the duties of a tag supplier would conflict with its own private interests in the fishing industry such that it could improperly influence its performance with respect to the distribution of tags to individual harvesters.

To assess if there is a potential conflict of interest, the Department will consider whether the proposed tag supplier has a vested interest in: commercial fishing licences in the fishery that the supplier proposes to supply tags; or receiving, processing or disposing of the catch or the proceeds from the catch of an individual harvester or a group of harvesters in the fishery that the supplier proposes to supply tags. The potential for a proposed tag supplier to influence the activities of harvesters through deliberate actions to either provide or to refuse or restrict the issuance of tags to those harvesters will also be considered in assessing conflict of interest situations.

Q33. Will DFO enter into any legally binding arrangements with tag manufacturers or tag suppliers?

A33. Fisheries and Oceans is not a party to agreements between harvesters and tag suppliers. The Department will not be entering into binding arrangements with tag manufacturers, distributors or harvesters for tags required by harvesters in accordance with the Protocol for Gear Tagging in Atlantic Commercial Fisheries.

Enforcement

Q34. How will the new tags be used to enforce the rules of a fishery?

A34. In fisheries where gear tags are required, commercial fishing licences will set out the number of traps or other gear that a licence holder is authorized to fish. As a condition of their fishing licence, each licence holder will be required to tag their gear with numbered tags which identify the harvester and the number of traps being fished. This system will enable Fishery Officers to track tags back to individual harvesters to ensure trap limits are followed.

Q35. How will the Department ensure industry's tags are as good as the ones issued today?

A35. To ensure integrity and enforceability of the tag distribution system, organizations wishing to facilitate the ordering and distribution of tags will need to obtain the Department's approval. Approval will be based on criteria assessed through trap tag plans that outline the ordering, storage and distribution process. Fishery Officers will also conduct audits of tag supply organizations and continue to enforce trap limits as part of their regular enforcement activities.

Q36. Why is Fisheries and Oceans Canada allowing multiple tag suppliers in an area when this will undermine the integrity of the tagging system and create problems for enforcement of the tagging requirements and trap limits?

A36. There is no evidence to suggest that having multiple tag suppliers in an area will undermine the integrity of the tagging program or create enforcement problems. All tag suppliers are required to meet the criteria set out in the Protocol for Gear Tagging in Atlantic Commercial Fisheries. The criteria set out in this protocol were developed to ensure the integrity and enforceability of gear tagging.

Q37. If there are a number of tag suppliers supplying tags and replacement tags in an area, how will Fisheries and Oceans ensure that these tags are properly managed and controlled?

A37. Tag suppliers will be required keep records of all tags issued and to advise the Department when replacement tags are issued. Licence conditions will also be used to ensure that harvesters obtain original and replacement tags from the same supplier and maintain records of all tags they are using. These controls on the issuance and use of tags, combined with tag supplier and harvester record keeping, will ensure the integrity of the tagging program.

Q38. Why is Fisheries and Oceans Canada requiring that tags be a specified colour and marked with fishing area and a manufacturers identification, when all that is required is the harvester's licence number and a sequential number?

A38. The Department has determined that an identification and colour requirement for tags will ensure the enforceability and integrity of the tagging program. Colour and fishing area is required to provide visual confirmation that the tag is valid for the current year in the area where it is being fished. The manufacturer's identification is important to ensure that tags are not counterfeit

Q39. Why is Fisheries and Oceans Canada requiring a different colour tag every year, when choosing a single colour tag would not have required harvesters to buy new tags each year?.

A39. Requiring a different colour tag each year reflects the current practice in most fisheries. However, if harvesters in a fishery or area want to move to multi-year tags that do not require annual replacement, Fisheries and Oceans Canada will consider this during industry consultations on their fishery.

Q40. Will tag suppliers be required to appear in court and testify in cases when harvesters are charged with tagging related offences?

A40. The requirement for an individual to testify in a court case is determined by the evidence requirements and the details of the case, so it is extremely difficult to make that determination in advance. However, like anyone else, if tag suppliers can provide relevant evidence required in a court case they may be compelled by subpoena to appear in court.