Chapter two - General policy framework

8. Application of Policy

This policy applies to the registration of fishers, fishing enterprises, the registration of fishing vessels and the issuance of fishing licences to engage in commercial fishing in Canadian fisheries waters on the Atlantic Ocean and the NAFO Convention Area. This policy also applies to commercial freshwater fisheries in the provinces of Newfoundland, New Brunswick, Nova Scotia, and Prince Edward Island. It does not apply to commercial freshwater fisheries in the province of Quebec or to commercial fishing for anadromous or catadromous fish within the tidal waters of Quebec.

This policy does not apply to licences issued under the Aboriginal Communal Fishing Licences Regulations.

9. Terminology

Unless defined below, expressions in this document have the same meanings as those found in the Fisheries Act, the Coastal Fisheries Protection Act, and the regulations made under those acts.

(1) Aboriginal Organization: as defined under the Aboriginal Communal Fishing Licences Regulations.

(2) Area of Historical Fishing: refers to a fishing area where a fisher has participated in fisheries during a period of not less than 24 months unless a longer period is provided into a management plan.

(3) Authorized Overlap: refers to those specific areas beyond home sectors where fishers restricted to using groundfish vessels less than 19.8m (65') LOA are permitted to continue fishing as a result of their home port being located in the extremities of their sector in 1981 specifically:

Home Port Division Authorized Overlap
4T 4Vn
4Vn 4T
3Pn 3Ps
3Ps 3Pn
4RS 2J
2J 4RS

(4) Breadth: for the purpose of determining Cubic Number, is the external, maximum horizontal distance measured across the vessel between perpendiculars erected at the extreme width of the vessel. This measurement excludes all appendages and trimming such as side fenders and rubbing strakes.

(5) Certification Board: means a Board established under provincial legislation for the certification of professional fishers.

(6) Core Enterprise: means a fishing unit composed of a fisher (head of enterprise), registered vessel(s) and the licences he holds and which has been designated as such in 1996 under approved criteria.

(7) Cubic Number: = Length x Breadth x Depth

(8) Depth: for the purpose of determining Cubic Number, is the vertical distance measured at the half-length point on the centre line of the vessel between the top of the uppermost continuous deck, to the top of the keel or rabbet line, whichever is greater. For open vessels, the depth shall be determined as 85 percent of the distance measured between the gunwale and the top of the keel or rabbet line.

(9) DFO Administrative Areas: means those portions of a DFO Region established for the purpose of administering departmental programs except in the Laurentian Region where two DFO Administrative Areas have been established (Laurentian Region north of 52°N and Laurentian Region south of 52°N), and in the Scotia-Fundy Sector of the Maritimes Region where the entire Sector is deemed to be a single DFO Administrative Area.

(10) Eastern Canada: consists of the provinces of New Brunswick, Newfoundland, Nova Scotia, Prince Edward Island and Quebec, and Baffin Island in the Northwest Territories..

(11) Grandfather Clause: refers to an exemption to policy authorized on the basis of historic activity or procedure. Such an exemption expires when a replacement licence is issued to another individual.

(12) Historic Overlap Privilege: refers to those specific areas beyond home sectors where inshore fishers are permitted to continue fishing for groundfish as a result of participation for a two year period during the years 1978-1980. (This qualifying period was extended to the years 1980 and 1981 when it could be shown that commitments had been made to have a vessel replaced prior to 1980.)

(13) Home Port: means that port identified by the fisher upon registering his vessel.

(14) Individual Quota: refers to an amount of fish from a specific stock allocated exclusively to a licence holder as a condition of licence.

(15) Inshore: refers to the fishing sector where fishers are restricted to using vessels less than 19.8m (65') LOA.

(16) Key Licences: means those licences specified in Annex I.

(17) Kouchibouguac National Park: means that area which lies within the boundaries of the Kouchibouguac National Park in the Province of New Brunswick.

(18) Length: for the purpose of determining Cubic Number, is the external, maximum horizontal distance measured between perpendiculars erected at the extreme ends of the vessel excluding all operational equipment and appendages.

(19) Length Overall (LOA): means the horizontal distance measured between perpendiculars erected at the extreme ends of the outside of the main hull of a vessel. Transom platforms extending beyond the stern of a vessel for the purposes of this policy will be considered part of the main hull of a vessel.

(20) Licence Split: refers to the case where more than one licence is held by the same person and that person wishes to either (a) use a separate vessel or separate vessels for one or each of these licences or (b) relinquish one of the licences and request that a replacement licence be issued to another person.

(21) Licensing Authority: The Minister of Fisheries and Oceans.

(22) Limited Entry: for the purpose of this policy, refers to those fisheries where the total number of licences is limited.

(23) Non-core enterprise: means a fishing unit composed of a fisher (head of enterprise), registered vessel(s) and the licences that he holds, but who did not meet the core eligibility criteria in 1996 or a fisher who loses his core status under the current policy.

(24) Non-vessel based licences: means licences other than those identified as vessel-based in Annex II.

(25) Partnership: means an arrangement recognized by DFO between two fishers each holding similar licences for the same species and operating from the same vessel.

(26) Person: for the purpose of this policy, means either an individual, a corporation or an Aboriginal organization.

(27) Resident: means, in respect of a licence, a person who has continuously had his main place of residence in a defined area for a period of not less than six months immediately preceding the time that residence becomes material for the purpose of licensing.

(28) Vessel-based licences: means those licences specified in Annex II.

(29) Zone: for the purpose of section 18(3), the following zones have been established in the Scotia-Fundy Sector of the Maritimes Region:

Zone 1: East of the Halifax/Guysborough County line.

Zone 2: Halifax, Lunenburg and Queens Counties.

Zone 3: Shelburne County.

Zone 4: Yarmouth, Digby, Annapolis, Kings, Hants, Colchester and Cumberland Counties in the Province of Nova Scotia and Westmorland, Albert, Saint John and Charlotte Counties in the Province of New Brunswick