Prince Edward Island Fisheries Minister Kevin MacAdam today confirmed that the province will continue to demand the restoration of the original and traditional 25-fathom line as a resolution to the current herring seiner fishery off the north shore of the Island. He outlined the province’s position today and provided a detailed background of the measures that have been taken and further actions that are being explored on the matter.
Mr. MacAdam said that, despite repeated calls for the restoration of the line, many meetings and phone calls with the federal minister and ongoing negotiations between the Prince Edward Island Fishermen’s Association, the seiner fleet and officials of the federal, Prince Edward Island and New Brunswick governments, the dispute is no closer to being settled than it was more than a year ago.
In his briefing today, Mr. MacAdam said he has obtained legal opinions that suggest there is no basis for the change made by the Department of Fisheries and Oceans to the 1983 boundary line and that an error was made in the changes to the exclusion zone off the north shore of Prince Edward Island. The provincial government is actively examining its options on this matter, and takes issue with the constitutional grounds upon which Minister Regan has exercised his discretion under the federal Fisheries Act. Minister Regan has stated in his October 20, 2004 news release, “Fishery resources belong to the people of Canada, not to any particular group or province.”
Mr. MacAdam said he has also obtained a legal opinion with respect to the payment and deployment of the Royal Canadian Mounted Police in the event of a legal protest at the federal government wharf in Souris. Based on that opinion, he said these matters are believed to be the responsibility of the federal government.
He is also requesting meetings with the House of Commons and Senate Standing Committees on Fisheries. He, along with representatives of the Prince Edward Island Fishermen’s Association, want to present a detailed overview of the outstanding issues affecting the Prince Edward Island fishery.
BACKGROUNDER
During the 1960s and 1970s, approximately 80 percent of the herring landings in the Gulf of St. Lawrence were by purse seiners. The stock collapsed in 1981, following which 77 percent of the allocation was provided to the gillnet fleet, with 23 percent remaining in the hands of the seiners.
Between 1983 and 1985, the Department of Fisheries and Oceans revised and consolidated its regulations into The Atlantic Fisheries Regulations, 1985. The position of the historical boundary line which restricted seiners from access to the northeast section of Prince Edward Island was altered by DFO without explanation in 1984.
In 1996, DFO restricted the seiner herring harvest in the Bay of Chaleur to 50 percent of their quota, pending scientific research. To date, the research has been limited. By 2001, the seiners had stepped up their harvest off the north shore of Prince Edward Island.
Between 2001 and 2003, former provincial fisheries ministers Chester Gillan and Greg Deighan repeatedly requested DFO to resolve the herring boundary issue and protect herring stocks off Prince Edward Island. These actions were supported by a unanimous resolution of the Prince Edward Island Legislature in 2001. No action was taken by DFO. Continuing to September of 2003, Premier Binns wrote to the federal fisheries minister requesting the seiner exclusion line be restored.
In late October and early November of 2003, Prince Edward Island fishermen blocked access to the wharf in Souris where the seiners were unloading their catch.
Actions Taken Since Then:
Over the past year, there have been numerous meetings, phone calls and correspondence dealing with this issue. These have involved Premier Binns and Prime Minister Martin, Ministers MacAdam, Thibault and Regan, representatives of the Prince Edward Island Fishermen’s Association, the seiner fleet, the New Brunswick government and the Royal Canadian Mounted Police.
An independent report prepared by Allister Surette summarized the positions taken by the various parties to the dispute and outlined a number of options. No action was taken on the report.
Throughout, the province has been consistent in its demands for the restoration of the 25-fathom line.
Since his appointment as fisheries minister in October of 2003, Mr. MacAdam has obtained a number of legal opinions which outline various options available to the province.
On November 5, 2003, advice was received with respect to apparent errors which resulted in the omission of the original 25-fathom boundary line. The effect of the change was to bring the line of the exclusion zone so close to the inshore boundary of Prince Edward Island as to be completely unreasonable and ineffective from a fisheries management perspective. This cannot be justified from any conservation policy perspective. Various actions are being considered to bring about the reinstatement of the original 1983 line and the traditional exclusion zone.
A detailed legal opinion has also been received with respect to the deployment and payment of the Royal Canadian Mounted Police in the event of a legal protest at Souris harbour and wharf. It is the view of the provincial government that these considerations fall within the exclusive responsibility of the Government of Canada.
Over the years, Prince Edward Island has been pursuing fair and equitable access to the fishery on the east coast and a stronger voice in fisheries management decisions. It has not received a fair allocation of resources such as shrimp, snow crab and tuna, has been rebuffed in its efforts to seek input on lobster management issues, and has been denied the right to defend its interests in the herring fishery. Mr. MacAdam, along with representatives of the Prince Edward Island Fishermen’s Association, are requesting meetings with the House of Commons and the Senate Standing Committees on Fisheries to outline the province’s position and to seek the active intervention of the Committees on these and other issues. The province is exploring all options in this matter.