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Conflict between mobile and fixed gear herring fishers in the southern Gulf of St. Lawrence

Open letter to the Minister of Fisheries and Oceans

Mr. Minister:

It is my pleasure to present this report as facilitator leading an independent process to identify issues surrounding the conflict between the inshore fleet of the southern Gulf of St. Lawrence and the seiner fleet based in N.B. and operating in the southern Gulf of St. Lawrence.

The purpose of this initiative was to frame the above problem by getting the parties to the conflict to precisely define their concerns and issues, to identify areas of consensus between the parties and to offer options that could be considered for resolving the dispute.

This report takes into consideration a number of consultations within a four week period with representatives of parties involved in the dispute between the gillnet fishery and the large seiner fishery in the Gulf.

Other interests, including DFO officials, were also consulted in order to properly understand some of the issues. Considerable effort was afforded in searching for relevant documents, including research into the reason for altering the boundary line and closure period between 1978 and 1984 in the vicinity of PEI.

This was an exercise about dialogue and determining the scope of the problem, not an exercise about allocations or access to herring. It was about identifying options that could be considered in order to achieve an orderly fishery in 2004 and in the years to come.

There were many issues and concerns presented, and the positions of the parties involved are now clearly recorded in a public document.

Mr. Minister, it is evident that there exist entrenched disagreements. There does not appear to be any hard and fast solutions, however this report may be a first step in a serious and concentrated effort to resolve this conflict. Serious consideration has to be given to proper leadership from all parties involved (fishers, provincial governments and DFO) and proper mechanisms for dealing with these disagreements.

The groups were very cooperative and supportive of this process, and hopeful that this process will lead to options that could be considered by DFO in order to achieve an orderly fishery in the years to come.

Trusting that the content of this report, including the options and suggestions presented will provide you, Mr. Minister and your Department with some framework for further decision making in order to achieve a multi-year management plan for the herring fishery in the southern Gulf of St. Lawrence.

Yours sincerely,
Allister Surette

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Introduction

DFO has maintained from the outset that this process was not an exercise about allocations and access to herring. This clearly means that both fleets are entitled to fish herring in the southern Gulf of St. Lawrence as per the present allocations (76.83% / 23.17%). Since elimination of a fleet is not an option, fishers and DFO, supported by the provinces, must find ways of resolving disputes so that an orderly and viable fishery for both fleet sectors is the result.

It is also evident that this fishery or any fishery cannot be managed on the basis of perceptions and mistrust. Mechanisms must be established in order to overcome the mistrust that exists between the fishers and between the fishers and the Department of Fisheries and Oceans.

Furthermore, today’s scientific techniques have progressed considerably since the early days of the herring fishery, but it must be recognized that there will never be an exact science regarding the fishery. It is apparent that much can and must be done by all parties in order to have open and honest dialogues relative to discussing issues and concerns.

Finally, as a result of certain media reports circulating in the public domain on the issue of the conflict between the large seiner fishery and the inshore gillnet fishers, and of certain comments made during these consultations regarding gear type and fishing methods and to the use of terms such as "trawling" and "dragging", it appeared appropriate to include an appendix explaining the purse seine fishing method as well as the gillnet fishing method (see Appendix A – Gillnet Fishing and Purse Seine Fishing).

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Mandate and Method

The purpose of this initiative was to establish an independent process in order to frame the problem by getting the parties involved to precisely define their concerns and issues surrounding the conflict between the P.E.I. and Eastern N.B. inshore fishers and the N.B. large seiners, to identify areas of consensus between the parties and to offer options that could be considered for resolving the dispute (see Appendix B - Terms of Reference and Appendix C – News Release).

The facilitator met face-to-face with representatives of the "primary parties" as identified in the terms of reference and consulted with a number of other groups as is documented in the following section. Notes were taken by the facilitator during these meetings and were returned to each party in order to validate, as well as clarify, add or delete details and issues if necessary. Some parties also presented a written document. As well, some parties presented supporting documents which were reviewed and used by the facilitator during the analysis of the general concerns and issues. The facilitator also consulted DFO officials to get their points of view and to seek appropriate information and documents.

The facilitator extracted from these consultations what appeared to be key issues to this conflict and conducted further analysis of these issues in a later section of this report.

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