Archived - PIIFCAF - Implications for licence holders

 Impact of Filing a Declaration for Licence Holders

The Declaration will ask the question:

Based on the definition of a "Controlling Agreement", are you, as a licence holder, a party to a "Controlling Agreement" regarding any vessel-based licence(s) currently held in your name?

1. Licence Holder answers "No" - Impact of Declaring No "Controlling Agreement"

   Where a licence holder declares NOT to be a party to a "Controlling Agreement" in relation to any vessel-based fishing licence(s) issued in his name, and there is NO REASON TO BELIEVE the licence holder has filed a false Declaration, the licence holder will be eligible to be categorized as Independent Core.

   A licence holder who is categorized as Independent Core will be eligible for all benefits previously available to Core fish harvesters.

   The Independent Core category may be used as a criterion to gain access to future initiatives.

2. Licence Holder answers "Yes" - Impact of Declaring a Pre-Existing "Controlling Agreement"

   Where a licence holder declares, as of April 12, 2007 (the date of the announcement), to be a party to a "Controlling Agreement" with respect to any of the vessel-based fishing licences issued in his name, the licence holder will be required to TERMINATE the "Controlling Agreement(s)" or AMEND it to bring it in line with PIIFCAF WITHIN 7 YEARS in order to be eligible to continue to hold these licences beyond the 7 years.

   The head of a core enterprise who declares that the vessel-based licence(s) he holds are the subject of a "Controlling Agreement" that existed prior to April 12, 2007:

   1. will not be eligible to be assigned the Independent Core category, and
   2. will not be eligible to be issued new or replacement licences,

   as long as he remains a party to a "Controlling Agreement".

   However, the head of a core enterprise that declares that the vessel-based licence(s) he holds are the subject of a "Controlling Agreement" that existed prior to April 12, 2007 will be eligible to request the issuance of a replacement licence(s), including the licence(s) that are subject to a "Controlling Agreement".

   The head of the core enterprise will continue to be categorized as Core and will not be eligible to hold additional new or replacement licence(s) until such time as the "Controlling Agreement(s)" has been terminated or is brought in line with this policy and the categorization of Independent Core has been approved by DFO. Core fish harvesters may not be eligible for access to future initiatives.

   Once a licence holder has demonstrated to DFO's satisfaction that they are NO LONGER A PARTY TO A "CONTROLLING AGREEMENT" in relation to any vessel-based fishing licences issued in his/her name, the licence holder may file a new Declaration and assignment of Independent Core will be considered. This action must be completed prior to the end of the 7 year period.

3. Licence Holder "does not respond" to request - Impact of Not Filing a Declaration

   Licence holders who do not file a Declaration before March 31, 2008 will NOT be eligible to be re-categorized.

   After March 31, 2008 and until such time as the Declaration is filed, DFO will not be able to process requests made by the licence holder for the following licensing transactions:

   • renewal notices for fish harvester registration, vessel registration and licences
   • issuance of fishing tags in relation to licences
   • issuance of licences or licence conditions related to licences
   • requests for vessel registration / transfer / replacements
   • issuance of fish harvester's registration commonly referred to as the "PFR"
   • requests for issuance of a replacement licence (often referred to as a request to "transfer" the licence)
   • issuance of new licences

4. Impact of Entering into a "Controlling Agreement" after the Announcement Date

   Where it has been determined that a licence holder has entered into a "Controlling Agreement", AFTER April 12, 2007 with respect to any of the vessel-based fishing licences held, ,the following applies:

   • The licence holder will NOT be eligible to be categorized as Independent Core.
   • The licence holder will not be eligible to be issued the licence that is subject to a "Controlling Agreement" in the following year or subsequent years.
   • The licence holder will not be eligible to request the issuance of a replacement licence (often referred to as a request to "transfer" the licence) for the licence that is subject to a "Controlling Agreement".
   • Licence holders will be eligible to request renewal of licences that are not the subject of a "Controlling Agreement".

5. Impact of Filing a False Declaration

   Where it has been determined that a licence holder has filed a false Declaration, the following applies:

   • The licence holder will be categorized as Core.
   • The licence holder will not be eligible to be issued the licence that is subject to a "Controlling Agreement" in the following year or subsequent years.
   • The licence holder will not be eligible to be assigned the Independent Core category until such time any licence subject to a "Controlling Agreement" expires.
   • The licence holder will not be eligible to request the issuance of a replacement licence (often referred to as a request to "transfer" the licence) for the licence that is subject to a "Controlling Agreement".
   • Licence holders will be eligible to request renewal of licences that are not the subject of a "Controlling Agreement".
   • False declarations will be referred to C&P for consideration of taking appropriate enforcement action.

 Implications for New Entrants

The Declaration asks the question:

Based on the definition of a "Controlling Agreement", are you, as a qualified new entrant, a party to a "Controlling Agreement" regarding the licence(s) being requested?"

1. New Entrant answers "No" - Impact of Declaring No "Controlling Agreement"

   Where a qualified new entrant declares NOT to be party to a "Controlling Agreement" in relation to any vessel-based fishing licence(s) being requested, and there is NO VALID REASON OR SUPPORTING EVIDENCE FOR THE DEPARTMENT TO BELIEVE that the new entrant has filed a false Declaration, the new entrant will be eligible to be categorized as Independent Core.

   The Independent Core category may be used as a criterion to gain access to future initiatives.

2. Impact of Not Filing a Declaration

   Applicant will not be eligible to have the licence issued in his/her name.

3. Impact of Entering into a "Controlling Agreement" after April 12, 2007

   Where it has been determined that a new entrant is determined to have entered into a "Controlling Agreement" AFTER April 12, 2007, with respect to any of the vessel-based fishing licences being requested, the new entrant will NOT be eligible to be categorized as Independent Core and will not be eligible to hold the requested licence(s).

4. Impact of Filing a False Declaration

   Where it has been determined that a new entrant has filed a false declaration, the following applies:

   • The new entrant will NOT be eligible to be categorized as Independent Core;
   • Any issuance of licences to the new entrant prior to determining the Declaration was false, will be reassessed to determine if they were issued in error;
   • False Declarations will be referred to C&P for consideration of taking appropriate enforcement action.