Chapter four - Vessel replacement rules for vessels less than 19.8M (65') LOA

24. Vessel Replacement Rules

(1) The replacement of a vessel utilized in more than one fishery (e.g. groundfish and shrimp) will be governed by the most restrictive vessel replacement rules.

(2) If a vessel less than 65' (19.8m) LOA in any fishery is replaced with one of a smaller size than the vessel being replaced, a licence holder will retain his eligibility to reenter in the future a vessel as large as the replaced vessel.

A. Groundfish

Vessels less than 10.7m (35') LOA

(3) The holder of a licence authorized to use a vessel less than 10.7m (35') LOA may not have his licence amended to authorize the use of any vessel 10.7m (35') LOA and greater and having a cubic number greater than 71m3 (2500ft3) LOA. (Grandfather clause provided)

(4) In the Newfoundland Region, subject to subsection (2), non-core fishers may not replace their vessels with one longer than the one currently registered.

(5) Notwithstanding subsection (3), in the Newfoundland Region, the holder of a licence authorized to use a vessel between 7.6m (25') LOA and 10.7m (35') LOA may not have his licence amended to use a vessel longer than the vessel being replaced.

Vessels 10.7m (35') LOA up to but not including 19.8m (65') LOA

(6) The holder of a licence authorized to use a vessel within a size class set out in the tables to this section may not have his licence amended to authorize the use of any vessel:

(a) greater than the upper length limit set out for that class; and

(b) with a cubic number that exceeds the cubic number of the vessel being replaced (Grandfather clause provided)

VESSEL SIZE CLASSES
(Maritimes/Laurentian Regions)
(Western Portion of the Newfoundland Region)

SIZE CLASS LENGTH OVERALL
meters (feet)
CUBIC NUMBER
Maximum
A. 10.7 - 13.7 (35 - 44.9) 170m3( 6,004.4ft3)
B. 13.7 - 19.79 (45 - 64.9) 600m3(21,192.0ft3)

VESSEL SIZE CLASSES
(Eastern and Southern Portions of the Newfoundland Region)

SIZE CLASS LENGTH OVERALL
meters (feet)
CUBIC NUMBER
Maximum
C. 10.7 - 16.49 (35 - 54.9) 330m3(11,655.6ft3
D. 16.5 - 19.79 (55 - 64.9) 600m3(21,192.0ft3)

(7) In the Newfoundland Region, notwithstanding subsections (2) and (6), non-core fishers may not replace their vessels with one longer than or having a cubic number larger than the one currently registered.

(8) Where the cubic number of the vessel to be replaced is not provided, equivalent cubic numbers listed in Annex VI will be used.

Laurentian Region

B. Scallop

(9) The holder of a scallop licence may not have his licence amended to use a vessel 15.2m (50') LOA or longer, except for that portion of Scallop Fishing Area 18B (south of Anticosti Island) where vessels up to 19.8m (65') LOA may be utilized.

C. Inshore Crab, Lobster, Whelk, Capelin, Mackerel, or Herring, Sea Urchin, or Clam

(10) The holder of an inshore crab, lobster, whelk, capelin, mackerel or herring licence may not have his licence amended to use a vessel 15.2m (50') LOA or longer.

D. Midshore Crab (Area 12)

(11) The holders of a midshore crab licence may not have his licence amended to use a vessel 30.5 m (100') LOA or longer.

Newfoundland Region

E. All Species

(12) The same vessel replacement rules applicable to groundfish also apply to all other species.

Maritimes Region - Gulf Sector

F. All Species Other Than Groundfish

(13) The holder of a licence authorized to use a vessel less than 13.7m (45') LOA may not have his licence amended to use a vessel 13.7m (45') LOA or longer.

(14) The holder of a licence authorized to use a vessel between 13.7m (45') LOA and 15.2m (50') LOA may not have his licence amended to use a vessel 15.2m (50') LOA or longer.

(15) The holder of a licence authorized to use a vessel between 15.2m (50') LOA and 19.8m (65') LOA may be authorized to use a vessel 25 percent longer but may not have his licence amended to use a vessel 19.8m (65') LOA or longer.

Maritimes Region - Scotia-Fundy Sector

G. Lobster

(16) The holder of a lobster licence for Lobster Fishing Area 33 or 34 may not have his licence amended to authorize the use of a vessel 13.7m (45') LOA or longer.

H. Herring

(17) The holder of a herring drift net licence having a home port in Lobster Fishing Area 34 may not have his licence amended to use a vessel 13.7m (45') LOA or longer.

(18) The holder of a herring drag seine licence may not have his licence amended to use a vessel 19.8m (65') LOA or longer.

I. Scallop

(19) The holder of a scallop licence for Scallop Fishing Area 29 (inshore Scotian Shelf) may not have his licence amended to use a vessel 13.7m (45') LOA or longer if his present vessel is less than 13.7m (45') LOA, or a vessel 19.8m (65') LOA or longer if his present vessel is between 13.7m (45') LOA and 19.8m (65') LOA.

(20) The holder of a scallop licence for the Bay of Fundy, Mid-Bay, or Upper Bay of Fundy fisheries may replace his vessel with one within the same 1.5m (5') interval, established by the LOA of the vessel being replaced.

(21) For the purpose of subsection 20, 1.5m (5') length intervals commence at any length which is a multiple of 5' and include that length and the next 4'11", i.e., 15'-19'11", 20'-24'11", 25'-29'11", 30'-34'11", 35'-39'11", 40'-44'11", etc.

J. Mackerel

(22) The holder of a mackerel purse seine licence for eastern Nova Scotia (4VW) may not have his licence amended to use a vessel 13.7m (45') LOA or longer.

K. Inshore Quahaug

(23) The holder of an inshore quahaug licence for mecanical harvesting may not have his licence amended to use a vessel 13.7m (45') LOA or longer.

L. Other Species

(24) The holder of a licence for any other species may not have his licence amended to use a vessel 19.8m (65') LOA or longer.