LIFO PRESENTATION JUNE 10th 2016

1. PERSONAL INTRODUCTION AND BACK GROUND 2. BRIEF LIFO STATEMENT 3. FFAW CAMPAIGN 4. BREAK DOWN OF KEY LIFO ISSUES. NOVA SCOTIA AND UNDER 100FT FLEET PROCESSING. 5. CLOSING COMMENTS & RECOMMENDATION

Author : V Fiander Part 2. LIFO Last-in, First-out Policy

The Last In, First Out policy, known as LIFO, was introduced in 1997 after significant consultation and has been included in every Northern shrimp fisheries management plan for more than ten years. It has been consistently communicated to stakeholders that should there be a decline in the abundance of the resource, new participants/allocations would be reduced or removed from the fishery in reverse order of gaining access–last in, first out. LIFO was also reviewed by a third-party independent reviewer in 2012 who confirmed that the Department was appropriately applying the policy when required in a fair and transparent manner.

(From the fisheries and oceans website)

In the 1990s, as the shrimp stocks grew in abundance and the cod moratorium came into effect, temporary inshore licences were introduced throughout Atlantic giving priority access to the under 65 feet fleet and to aboriginals. A three-year plan was announced in 1997 with significant quota increases for both the offshore and temporary inshore licences. Since the introduction of the Last In, First Out policy (LIFO) in 1997, in SFA 6 the under 100ft sector received 90 percent with 10 percent going to the >100’ shrimp sector when stocks increased.

(From the fisheries and oceans website) Northern Shrimp Fishery Management Decisions For 2015/2016 I cannot belief we are looking at changing a long standing federal government, policy based on what a union wants or says. The FFAW in NL egos are now so big, their arrogance so great they think they are the social conscious of NL and think they speak for the provincial government of NL. They are woven into the very fabric of the province where every fish harvester and plant workers has to be a member. Their very membership doesn’t even want them! They have become the very thing that Unions were formed to prevent!! The FFAW is fighting to change a principal that ever union in the world is built around Seniority LAST IN FIRST OUT The oppressed truly has become the Oppressor PART 3 The FFAW campaign paper and my response to those statements.

The FFAW paper is from their web site and is titled Adjacency. It consists of two written pages (minus the photos and links at the bottom) Our resources, our jobs A fair share for rural Newfoundland and Labrador The future of our coastal communities is at risk. Thousands of jobs are in jeopardy due to unfair sharing of the northern shrimp resource.

The federal government has deliberately chosen to ignore the longstanding principle of adjacency to the benefit of the corporate-owned offshore fleet, to the detriment of our coastal communities.

Our northern shrimp resources are being taken out of our waters with no benefit to our province's economy. In 2014, the inshore shrimp fishery quota was cut by 27 per cent, while the offshore fishery was cut by only 3 per cent. If the current trends continue, the inshore fishery will be slashed by another 50 per cent in 2015.

Adjacency Traditionally, the principle of adjacency has been used to manage our fisheries. Adjacency means that those who live alongside the resource should benefit most from it.

Inshore, Offshore and the Northern Shrimp Fishery The northern shrimp fishery is split into the inshore and offshore fishery.

The inshore shrimp fishery is composed of over 250 owner-operated enterprises that employ over 1500 crew members from right here in Newfoundland and Labrador. All of the shrimp landed by the inshore fleet is processed in one of the 10 shrimp plants in Newfoundland and Labrador.

The offshore shrimp fishery is owned by large businesses and corporations, many are based outside of the province and even outside of Canada. Next to none of the shrimp landed by the offshore fleet is processed in Newfoundland and Labrador.

Northern Shrimp and Adjacency Communities depend on the resources adjacent to them. In 2014, the Northern Shrimp fishery was valued at $180 million, supporting 250 owner-operated enterprises, 1500 crew members, and over 1200 plant workers.

The inshore fleet landed 45,817 metric tonnes of northern shrimp in 2013, and after the cuts in 2014 they landed 38,555MT, all of which was processed in Newfoundland and Labrador.

Unfair Sharing Our rural communities rely on these resources, as they have for many generations. The federal government is unfairly sharing the northern shrimp resources in the waters off our province, allotting a much larger portion of the quota to the offshore fleet. The federal government is deviating from the longstanding principle of adjacency. They are favoring the offshore fleet and at the same time they are destroying the inshore fleet and our coastal communities. Join us in our campaign against this injustice and attack on rural NL Our resources, our jobs A fair share for rural Newfoundland and Labrador. The future of our coastal communities is at risk. Thousands of jobs are in jeopardy due to unfair sharing of the northern shrimp resource.

The off shore vessels through their partnerships with the licence holders distribute royalties, these royalties are divide among 116 coastal communities in Newfoundland and Labrador. Vessel operations directly support over 2,000 additional shore-based jobs, mostly in NL and Nova scotia.

The federal government has deliberately chosen to ignore the longstanding principle of 1. adjacency to the benefit of the corporate-owned offshore fleet, To the determent of our costal communities Our northern shrimp resources are being taken out of our waters with no benefit to our province's economy. This is an irresponsible and uninformed and misleading statement. FAS shrimp operators maintains 700 well-paying jobs (530 crew and 170 on shore) for workers of all ranks, FAS vessels purchase $89 M in local goods and services annually, related to maintenance, supplies, fuel, transshipment, cold storage, off loading, stevedoring, and a host of other specialized service. (capp)

Wade Locke, Memorial University economist from a presentation he gave at a St. John's Board of Trade ( source cbc news) “On average, one should expect that each tonne transferred from the Newfoundland and Labrador year-round sector to the Newfoundland and Labrador seasonal sector will cause Newfoundland and Labrador's GDP to fall by $540 per tonne.“ In 2014, the inshore shrimp fishery quota was cut by 27 per cent, while the offshore fishery was cut by only 3 per cent. If the current trends continue, the inshore fishery will be slashed by another 50 per cent in 2015.

This is appears to be true, it was done using the Last in First out Policy

1. Adjacency Traditionally, the principle of adjacency has been used to manage our fisheries. Adjacency means that those who live alongside the resource should benefit most from it.

In 1978 the Department of Fisheries and Oceans announced that the first 11 licences would be allocated to enterprises and organisations in Nova Scotia, New Brunswick, Quebec and Newfoundland and Labrador. The principle that people in coastal regions contiguous or adjacent to the resource ought to have priority in accessing the resource played a particularly important role in the allocation of shrimp licences to Newfoundland and Labrador. While two of the five licences for Newfoundland and Labrador were allocated to Fishery Products International, three licences were allocated to cooperatives along the coast of Labrador. Inshore, Offshore and the Northern Shrimp Fishery The northern shrimp fishery is split into the inshore and offshore fishery.

The proper DFO designation, vessels “less than 100ft, under 500t”,(referred to as the under 100ft fleet) and “over 100ft , over 500t”. The vast majority of the “inshore vessels” are a highly mobile fleet, that are often seen 100 miles or more off shore and many have been often seen in the vicinity of the 200 mile limit. If this is inshore what is offshore?

The inshore shrimp fishery is composed of over 250 owner-operated enterprises that employ over 1500 crew members from right here in Newfoundland and Labrador.

Very, few vessels appear to be actually owner operator, most are captains and crews hired by the owners. Many more are, are owned or controlled by large companies such as Quinlan brothers and Janes. Several more licenses are under direct control of Foreign Companies. Royal Greenland, majority owner of Quin sea, now controls, the vessels and licenses, and quota for not only northern shrimp but all other species as well. (march 11 2016) 3. All of the shrimp landed by the inshore fleet is processed in one of the 10 shrimp plants in Newfoundland and Labrador.

The offshore shrimp fishery is owned by large businesses and corporations, many are based outside of the province and even outside of Canada. Once again. This is an irresponsible and uninformed statement. All offshore vessels are Canadian flagged. All shrimp landed by offshore vessels, landed in Canada, passes through union hands, all have seniority lists. Last in first out.

Almost everyone operating in NL seems to have foreign partners or affiliates including Fogo island co-op. The only Foreign controlled company operating in NL&L is in the under 100ft, category, (Royal Greenland, majority owner of Quin sea).

Incidentally the FFAW seems unaware of this. The NL government signed off on it with out question. How ever former FFAW president, an NL NDP leader Earl McCurdy notice!! And he found this to be potentially one the biggest issues the NL fishery would ever face. Direct control over Canadian resources by foreigners. Other Community leaders wondered how long it will be before Royal Greenland vessels are here fishing Canadian quota. Another example of The FFAW being out of touch with reality. 3. Next to none of the shrimp landed by the offshore fleet is processed in Newfoundland and Labrador

Northern Shrimp and Adjacency Communities depend on the resources adjacent to them.

Communities very much depend on them over 116 communities in NL&L, Mostly in Labrador, and the Northern Peninsula, as well as the contiguous, communities in NS, NB, Quebec and Baffin Island.

In 2014, the Northern Shrimp fishery was valued at $180 million, supporting 250 owner-operated enterprises, (dealt with above) 1500 crew members and over 3. 1200 plant workers The inshore fleet landed 45,817 metric tonnes of northern shrimp in 2013, and after the cuts in 2014 they landed 38,555MT, all of which was 2.processed in Newfoundland and Labrador.

Unfair Sharing Our rural communities rely on these resources, as they have for many generations. The Canadian Northern shrimp fishery did not exist until 1978, under 100ft permits came in 1997, How many Generations is that? The federal government is unfairly sharing the northern shrimp resources in the waters off our province, allotting a much larger portion of the quota to the offshore fleet. The FFAW’s own statistics directly above shows once again, this is an irresponsible, and uninformed, and misrepresentative, statement. 45,817 T 2013 (offshore vessels 13,559 T) 38,555 T 2014 (off shore vessels 13,559 T)

The federal government is deviating from the longstanding principle of 1.adjacency. They are favoring the offshore fleet and at the same time 2. they are destroying the inshore fleet and our coastal communities. Join us in our campaign against this injustice and attack on rural NL

The only attack on rural NL is by The FFAW its self. Their irresponsible, uninformed, and misguide action shows the current FFAW is simply out of touch with reality. The FFAW choses to create, anarchy and social unrest where none exists. The FFAW standard operating procedure, seems to be to continually drive, fishermen against fishermen, friend against friend, Newfoundlander against Newfoundlander, Canadian against Canadian.

The FFAW’s is riding on the backs of every hard working fish harvester in the province of Newfound and Labrador. The FFAW seems to have no other interest than its own greed. If the under 100ft, fleet was remove from area 6 the FFAW would suffer a huge hit to its revenue base with 1500 less union dues paid in from May to December. If they cared about anything else they would try to find solutions, not create more problems.

FFAW seems to chose to ignore the reality of the devastation their misguided attack will have on rural Newfoundland and in particular Labrador. Rural communities are dependant on the royalties from the off shore vessels to maintain and continue sustainable economic growth. The lost of area 6 to offshore vessels means a 30% loss in quota, which means a 30% loss in Royalties. Also a 30% loss of revenue flowing into the local economies, of every community on the Labrador coast, Northern Peninsula, NS, NB and eastern and Northern Quebec and Baffin Island.

The FFAW and its president continually show they are out of touch with reality, and they just don’t care!!. The FFAW seems to be quite content to let Labrador and the Northern Peninsula and all of Eastern Canada suffer through its irresponsible action, so an area on the Island can prosper. * Part 4

1.NOVA SCOTIA AND NEWFOUNDLAND

1.UNDER 100ft & 500 TON FLEET (IN SHORE)

1.PLANT WORKERS NOVA SCOTIA AND NEWFOUNDLAND The NS and NL have been connected both socially and economically for a very long time.

THE NS and NL fishery have been intertwined for hundreds of years, before the time of salt bankers. Most of the fishing and scallop draggers in NS had Newfoundlanders as crewmembers, some had a lot. Many decedents of Newfoundlanders are still fishing in NS today.

One NL boat was on Georges bank fishing Haddock just last year. A newfoundland company based FAS scalloper fishes out of Riverport NS and has Quota on Georges Bank and has for some time.

A NS based company processes its catch caught off Nova Scotia in Grand Bank NL. The crews are a mix of Newfoundlanders and Nova Scotia's.

Both Nova Scotia based offshore shrimp companies, have and do employ many Newfoundlanders, one company is 50% owned by a Labrador based license holder.* The vast majority of goods travelling in or out of NL Travels on a NS road and a Ferry leaving from Nova Scotia, or goes through the port of Halifax by container.*

The FFAW its self has a huge NS connection, Father Desmond McGrath, and Richard Cashing (President 1) and founders of the FFAW both went to St.FX in Antigonish NS, Earl McCurdy (president 2) was born in Halifax NS. Keith Sullivan (president 3) also went to St.FX in Antigonish NS.

The current version of FFAW choses to ignore their own involvement in the issuing offshore licenses (or are unaware). The current FFAW president lacks the leadership and foresight that former FFAW and founding president (Honorable)Richard Cashin OC had. Richard Cashin not only helped but insisted the offshore licenses be distributed in such away that strong sustainable socio- economic development in the fishery was built in Atlantic and Eastern Canada far into the future. Richard Cashin form the forward of Charting a new course toward the fishery of the future. 1993 The over capacity, the destruction of a finite resource, the damage to socioeconomic development, the potential chaos, social unrest, and anarchy, were all predicted as possible out comes if the fishery were not handled properly. *

I suggest to you that Richard Cashin would never in a million years suspected these things would come from his own union. The very union Richard Cashin, and Father Des, and the people of Burego NL worked so hard and gave up so much to begin. The FFAW has taken the great insight Richard Cashin had for the prosperity of th Atlantic costal region Canada, and shrunk it down to a microcosm for its own is own greed. The current version of The FFAW is a disgrace, and an embarrassment to unions every where!! If I were a plant worker in NL now I would be nervous!! SENIORITY means nothing. Your seniority could be next!!! Example 1: Hibernia

Atlantic Accord allowed the Canada Newfoundland Offshore Petroleum Board (CNOPB) to grant production licenses and to regulate offshore exploration and development, with matters relating to legislation, taxation, and royalties shared between the governments.

NL receives jobs and royalties

The shareholders of Hibernia Management and Development Company Ltd. (HMDC) are: ExxonMobil Canada (33.125%), Chevron Canada Resources (26.875%), Suncor (20%), Canada Hibernia Holding Corporation (8.5%), Murphy Oil (6.5%) and Statoil Canada Ltd. (5%).

Unifor local 2121. Seniority list LIFO The Come By Chance refinery is for the first time processing crude oil that comes from fields located in Canada's offshore. May 2015

Hibernia started producing oil on November 17, 1997. None of Hibernia’s oil Has been refined in NL&L the crude has been shipped to refineries in the U.S., while some also was shipped elsewhere in Canada, as well as to European refineries.

The oil that was first refined in 2015 came from the White Rose, this was in production for 10years. Example 2: voisey's bay

Voisey’s is Located in norther Labrador between Nain and Davis inlet. The Owner is Brazilian mining giant Vale, the largest mining company in the world . Royalties are paid to the local Innu and Inuit communities as well as providing much needed local work. It was also instrumental in settling outstanding land claims for both aboriginal groups.

The smelter is located in Long Harbour, about an hour from St. Johns.

United Steelworkers Local 9508. Seniority list LIFO To the FFAW adjacency in the very strictest sense of the word as the Means those closest to the resource should reap maximum benefit from it.

Nain to Goose bay 371 KM Labrador city 522 KM St. Anthony 699 KM Iqaluit 884 KM North Sydney 1153 KM ST. Johns NL 1170 KM Example 3: Muskrat Falls Location, south west Labrador also know as the lower church hill.

December 10, 2013 The following are speaking notes delivered by the Honourable Kathy Dunderdale, Premier of Newfoundland and Labrador, on the Finalization of the Federal Loan Guarantee for Muskrat Falls Project:

“As history unfolds before us, I am thrilled to have our partners with us, the Government of Canada, the Government of Nova Scotia, Nalcor, Emera and the Innu Nation.”

“the Labrador Island Link and the Maritime Link. This project is a game changer for Newfoundland and Labrador, the Atlantic Provinces, Canada and indeed, Eastern North America.” “We are affirming that the Muskrat Falls Project is indeed one of the most significant ventures Canada has ever undertaken. Not only are “WE” doing this now, but the Government of Canada, on behalf of all Canadians, is standing here “WITH” us, tapping its power as one of the strongest economies in the world, to secure financing at the best possible rates so that we can achieve the maximum possible benefits from the development of Muskrat Falls”.

The FFAW received 2.3 million dollars on behalf of local fishers (Area 14A) as compensation for lost future revenue in the electrical cable corridor from Labrador to the island. Fish Harvester were asked to sign consent forms by the FFAW after the negotiation was completed. The FFAW had to be sue (successfully) so the fishermen could get their money!!!

18 accredited labour unions at muskrat falls. All have a Seniority list LIFO UNDER 100 ft & 500 TON FLEET

Offshore shrimp vessels through good management practices, observer monitoring, and accurate log book record keeping, had area 6 in an excellent stable sustainable condition, when the temporary licences were issued in 1997.

The <100 ft fishing season normally last from spring (May after Crab season has ended) until late Fall (November or Early December)

According to DFO In SFA6, Shrimp eggs are developed internally through the summer. In late summer-early fall, the shrimp mate and the eggs “spawn” to be carried under the tail of the female for up to 10 months, hatching in the spring-early summer. This is also when the <100ft fishing season is at its peak . http://www.dfo-mpo.gc.ca/science/publications/uww-msm/articles/northernshrimp-crevettenorique-eng.html

The biomass in Area 6 is down by about 40 percent since 2015 The under 100ft onboard activities are virtually un-monitored with an average of 5% and a maximum of 10% observer converge.

No by-catch protocol! Shrimp is very often dumped if the by-catch mix is too high. (watch cold water cowboys, where they talk about dumping a high by-catch mix). season 1 episode 5.

No QMP (Quality Management Program) plan in place (again cold water cowboys where a hydraulic hose breaks all over the catch) Season 1 episode 7*

The unfortunate reality is the under <100ft fleet through its huge over capacity and fishing power is responsible for the destruction of the vital breeding stock in area 6 which lead to the huge depletion of the Bio-mass. The entire under 100ft fleet has a systemic culture of misreporting, fishing in closed areas, fishing when the season is closed, and numerous other fisheries violations almost two many to count since 1997 when the first temporary permits were issued.

Newfoundland and Labrador Region December | November | October | September | August | July | June | May | April | March | February | January Convictions for the first four months of 2016 http://www.dfo-mpo.gc.ca/media/charges-inculpations/nl-tnl-eng.htm

The following 56 names are those convicted by DFO for fisheries Violations in the fist four months of 2016, not charged but CONVICTED. Newfoundland and Labrador region convictions under the Fisheries Act

Charge Information (Section & Penalties, Forfeitures, Prohibitions Name and Place of Residence Species Dates of Conviction Description) or Orders

Section 22(7) Fisher General Regulations - Condition of licence Donald Purchase Possession of one Atlantic halibut 3PN/4R commercial GEAC fishery. $500.00 fine with 6 months to pay 2016-04-20 Channel - Port aux Basques, NL during the commercial cod fishery contrary to licence conditions

$500.00 fine to be paid forthwith Andy Osmond, Section 91(1) Atlantic Fishery Prohibited from applying for any type Regulations -Fish for Atlantic cod Recreational Ground fish of fishing licence or engaging in any 2016-04-19 Birchy Head, NL during close time form or type of recreational fishing for a period of 6 months

Section 22(7) Fishery General Claude Button Regulation - Failure to offload crab $500.00 fine with 1 year to pay Snow Crab 2016-04-15 New Chelsea, NL with the presence or supervision of a All crab forfeited certified dockside monitor Section 22(7) Fishery General Brian Keith Coates Regulation - Failure to offload crab $500.00 fine with 1 year to pay Snow Crab 2016-04-15 Brownsdale, NL with the presence or supervision of a All crab forfeited certified dockside monitor $1250.00 fine, Section 78 Fisheries Act David Martin Section 22(7) Fishery General Greenland Halibut (Turbot) 2016-04-12 Regulations – Exceeded trip limit $500.00 fine, Section 79 Fisheries Shoe Cove, NL Act (claw back) 6 months to pay Section 6(1)(B) Wildlife Act - Amos Eason Fishing in a scheduled salmon $ 500.00 fine Trout/Salmon inland recreational 2016-04-11 river without a valid inland Forfeiture of rod and reel Long Pond, NL licence

Section 22 (7) Fishery General Regulations - No person carrying out any activity under the authority Lindsay Small $1500.00 fine, Section 78 of a licence shall contravene or fail Greenland Halibut (Turbot) Claw back of $2000.00, Section 79 2016-04-06 to comply with any condition of the Grand Falls – Windsor, NL With 6 months to pay licence. Failure to release Turbot after maximum catch limit was reached.

Section 22(7)Fishery General Keith Oates Regulations - Failure to offload crab $1000.00 fine with 1 year to pay Snow crab 2016-04-01 Bay Bulls, NL with the presence or supervision of All crab forfeited a certified dockside monitor

$1500.00 fine, to be paid in 90 days Section 44(2) Atlantic Fishery Murray Lavers at a rate of $500.00 every 30 days. Regulations - Retaining more than Area 14 Herring Forfeiture of $3357.45 representing 2016-03-29 10 per cent undersized herring in , NL 25 per cent of the value of the fish a fishing trip. seized.

Section13(1)(c) Atlantic Fishery Greer Hunt Regulations - person not named in Atlantic Bluefin Tuna $1250.00 fine with 2 months to pay 2016-03-24 St. John’s, NL licence operating fishing vessel 22(7) of the Fishery General Leo Savoury Jr. Regulations - possession of 3 v- Lobster (area 11) $1250.00 fine with 6 months to pay 2016-03-21 Belleoram, NL notched female lobster

Section 22(7) Fishery General $1000.00 fine with 12 months to pay Regulations – illegal buy/sell/possess Section 33(2)(a) Fishery General Atlantic Halibut Regulations - fail to release incidental $1000.00 fine with 12 months to pay catch. Preston Grandy Section 22(7) Fishery General 2016-03-16 Garnish, NL Regulations – illegal gear/used $1000.00 fine with 12 months to pay illegally Snow crab- Section 63(1) Fisheries Act - make Commercial false or misleading statements to $1000.00 fine with 12 months to pay Fishery Officer. $1250.00 fine Jamie Mouland Fishery General Regulations 22(7) -

exceed amount of turbot permitted to Turbot 2016-03-15 $2500.00 claw back for turbot caught La Scie, NL be landed in licence conditions in excess of quota Fishery General Regulations 22(7) - $2000.00 fine with exceed maximum amount of capelin to 12 months to pay Richard Gillett be landed in any one day Capelin 2016-03-10 Fishery General Regulations 22(7) - $2000.00 fine with , NL fail to fully and accurately complete 12 months to pay fishing logbook Section 22(7) of Fishery General Glen Driscoll Regulations - failure to fully and Stewardship Atlantic cod $1500.00 with 6 months to pay 2016-03-02 accurately complete the DFO Grates Cove, NL fishing logbook Section 22(7) of Fishery General Glen Driscoll Regulations - failure to fully and Stewardship Atlantic cod $1500.00 with 6 months to pay 2016-03-02 accurately complete the DFO Grates Cove, NL fishing logbook

Section 22(7) of Fishery General $1500.00 with 6 months to pay Joseph Sullivan Regulations - retrieve crab fishing

gear from more than one crab fishing Snow crab 2016-03-02 $2835.00 ordered to pay as clawback Harbour Grace, NL area during same trip without an At for crab landed in 2014 Sea Observer onboard

Section 22(7) of Fishery General Kimberley Tuck Regulations - failure to provide an accurate estimate of catch onboard Stewardship Atlantic cod $1000.00 paid forthwith 2016-03-02 Hant’s Harbour, NL vessel to Dockside Monitoring Company

Section 22(7) of Fishery General $2000.00 with 6 months to pay Herbert Cooper Regulations - failure to fully and Stewardship Atlantic cod 2016-03-02 accurately complete the DFO fishing Forfeiture of $469.66 (value of 657 lbs Old Perlican, NL logbook of Atlantic Cod)

Fined $1,250.00 under Sec 78 Fisheries Act

Lyndon Small Fishery General Regulations 22(7)- Greenland halibut (turbot) Fined $5,450.00 under Sec 79 2016-02-24 Baie Verte, NL Exceeded trip limit Fisheries Act (clawback)

One month to pay

Morris Anstey Fishery General Regulations 22(7) Failure to fully and accurately Shrimp $10,000.00 fine, 2 years to pay 2016-02-23 Summerford, NL complete fishing log on a daily basis Fined $1,250.00 under Sec 78 Fisheries Act

Lyndon Small Fishery General Regulations 22(7)- Greenland halibut (turbot) Fined $5,450.00 under Sec 79 2016-02-24 Baie Verte, NL Exceeded trip limit Fisheries Act (clawback)

One month to pay Fishery General Regulations 22(7) Failure to fully and accurately complete $10,000.00 fine, 2 years to pay fishing log on a daily basis Fishery General Regulations 22(7) $10,000.00 fine, 2 years to pay Fishing Shrimp in the Funk Island Forfeiture of 4000 lbs of shrimp valued Morris Anstey Deep Closed Area at $7,363.20 Shrimp 2016-02-23 For the next 5 years, Mr. Anstey’s Summerford, NL vessel or any vessel he operates must have a VMS unit that reports every 15

minutes Mr. Anstey is not permitted to transfer his licence until his fines are paid in full Fishery General Regulations 22(7) $2,500.00 fine, 3 years to pay Byron Oxford Fishing Shrimp in the Funk Island Shrimp 2016-02-23 Springdale, NL Deep Closed Area Clawback valued at $4,397.10 Fishery General Regulations 39.3(2) $1500.00 fine, 18 months to pay

Providing false information in the Ernest King course of their duties Stewardship Cod 2016-02-18 Fishery General Regulations 39.3(2) Goose Cove, Trinity Bay, NL

$1500.00 fine, 18 months to pay Providing false information in the course of their duties Fishery General Regulations 39.3(2) $1500.00 fine, 18 months to pay

Ernest King Providing false information in the course of their duties Stewardship Cod 2016-02-18 Goose Cove, Trinity Bay, NL Fishery General Regulations 39.3(2)

$1500.00 fine, 18 months to pay Providing false information in the course of their duties Lloyd Oldford $1500.00 fine, 30 days to pay Atlantic Fishery Regulations 40 Herring (Fixed Gear (Gillnet)) 2016-02-15 Fishing Herring during the closed time Red Cliff, Bonavista Bay, NL Forfeiture of seized gear Fishery General Regulations 22(7) $1500.00 fine, 2 months to pay Hubert Wells Failure to affix valid tags on fishing Commercial -Cod 2016-02-15 Belleoram, NL gear (nets) No forfeitures Wildlife Act Sec 27 $750.00 fine with 6 months to pay Newfoundland and Labrador Fishery $750.00 fine with 6 months to pay Donnette Slaney Regulations Sec10(2) Atlantic salmon $750.00 fine with 6 months to pay 2016-02-10 St.Lawrence, NL Newfoundland and Labrador Fishery Prohibited from fishing 5 years. Regulations Sec10(2) Rod/reel and 2 Atlantic salmon forfeited Section 79.2 Fisheries Act - Breach of 90 days in custody Court Order Forfeiture of rod, reel and treble hook Atlantic Salmon - recreational 12 months’ probation 2016-02-03 Section 10(2) NFR Attempt to jig fish 5 years’ prohibition from fishing any Kevin Lavhey Sr waters

Fisheries Act Section 79.6 Breach of 90 days in custody Terrenceville, NL Court Order Forfeiture of rod, reel and treble hook Atlantic Salmon - recreational 12 months’ probation 2016-02-03 Newfoundland Fishery Regulations Atlantic Salmon - recreational 5 years’ prohibition from fishing any Section 10(2) Attempt to jig fish waters $3000.00 fine to be paid on a monthly basis at the sum of $100.00 per month and receipts to be sent to the Fisheries and Oceans Office in Josh Lockyer Newfoundland and Labrador Recreational Atlantic salmon and Springdale as proof of payment. 2016-02-02 Fishery Regulations Section 10.(2) trout Hampden, NL Prohibited from holding a fishing licence and not permitted on or near inland waters for a period of Three (3)years $3000.00 fine to be paid on a monthly basis at the sum of $100.00 per month and receipts to be sent to the Fisheries and Oceans Office in Bradley Banks Newfoundland and Labrador Recreational Atlantic salmon and Springdale as proof of payment 2016-02-02 Fishery Regulations Section 10.(2) trout Hampden, NL Prohibited from holding a fishing licence and not permitted on or near inland waters for a period of three (3) years John Worthman Section 22(7) Fisheries (General) $500.00 fine, 30 days to pay Regulations -- Failing to offload all Stewardship Cod 2016-01-27 Green’s Harbour, NL catch once offloading had started Forfeiture: 40 lbs of Atlantic cod fillets Brent Adams Violation of licence condition, Section 22(7) Fisheries (General) Regulations. Shrimp Fishing Area 6 $500.00 fine with 30 days to pay 2016-01-25 Creston South, NL Non-operational VMS Ex. $750.00 fine; 6 months to pay

Otto Smith Atlantic Fishery Regulations 91(3) – 5 extra fish forfeited Recreational Ground fish 2016-01-21 Exceed daily limit recreational cod Sunnyside, NL 1 year prohibition from fishing recreationally in Canadian waters David W. Lear Section 22(7) Fisheries (General) $2000.00 fine, 30 days to pay Regulations – Possession of lobsters Lobster Fishery 2016-01-20 Port de Grave, NL less than 82.5 mm Forfeiture: 2 lobsters Paul Harris Section 22 (7) Fisheries (General) $2000.00 fine. 9 V-notched female Regulations – Retaining V-notch Lobster – Commercial 2016-01-19 lobsters seized (released live) Grand Bank, NL lobsters $1000.00 fine, paid forthwith; 1 year Bruce Fudge Atlantic Fishing Regulations 91(3) – Recreational Cod Fishery prohibited from taking part in 2016-01-19 Valleypond, NL Exceeding bag limit recreational cod fishery Section S. 36(1)(b) Fisheries David Parsons (General) Regulations – Possess fish that was dealt with in such a manner Recreational Ground fish $100.00 fine with 90 days to pay 2016-01-18 , NL the number could not be readily determined Section S. 36(1)(b) Fisheries Glen Holloway (General) Regulations – Possess fish that was dealt with in such a manner Recreational Ground fish $100.00 fine with 90 days to pay 2016-01-18 Glovertown, NL the number could not be readily determined Section 115.2 – Atlantic Fishery Regulations – Leaving fishing gear $750.00 fine unattended for more than 72 hours Raymond Spurrell Section 22(7) Fisheries (General) Regulations – Failing to take a Snowcrab (3L) $1000.00 fine 2016-01-14 Butter Cove, NL Fisheries Observer Section 22(7) Fisheries (General Regulations) – Failing to take a $1000.00 fine Fisheries Observer $500.00 fine, 6 months Thomas Mercer Section 91(3)(a) Atlantic Fishery

Regulations – Exceeding daily bag 2014 Recreational Ground fish 2016-01-14 2 Year Prohibition on recreational Bay Roberts, NL limit ground fish fishing Section 111.1(3)(a) of Newfoundland $100.00 fine with 45 days to pay and Labrador Wildlife Regulations – Daniel Cormier Angling in non-scheduled inland All angling gear was forfeited Recreational Inland 2016-01-13 waters of the province without Superior, ON possessing a valid non-resident inland 1 year prohibition from being on, at, or fishery licence to take trout near inland waters Section 111.1(3)(a) of $100.00 fine with 45 days to pay Newfoundland and Labrador

Daniel Cormier Wildlife Regulations – Angling in All angling gear was forfeited non-scheduled inland waters of the Recreational Inland 2016-01-13

Superior, ON province without possessing a 1 year prohibition from being on, at, valid non-resident inland fishery or near inland waters licence to take trout Section 111.1(3)(a) of Newfoundland $100.00 fine with 45 days to pay and Labrador Wildlife Regulations – Stephen Blanchard Angling in non-scheduled inland All angling gear was forfeited Recreational Inland 2016-01-13 waters of the province without Etobicoke, ON possessing a valid non-resident inland 1 year prohibition from being on, at, or fishery licence to take trout near inland waters $1000.00 fine, 6 months to pay Edwin K. Noonan Section 91(3)(a) Atlantic Fishery

Regulations – Exceeding the daily Recreational Ground fish 2016-01-13 Prohibited from recreational fishing for Mount Pearl, NL bag limit cod for 1 year Section 3(2) of the Management of Guy Villeneuve Contaminated Fisheries Regulations – Shellfish/CSSP $200.00 fine with 30 days to pay 2016-01-05 Fish for bivalve molluscs in a Port au Port, NL contaminated fishing area Bryan Greenham Section 91(3) Atlantic Fishery $800.00 fine and forfeiture of five cod Regulations – Catch and retain more Recreational Ground fish (Cod) 2016-01-05 fish Bayview, NL than allowable bag limit of cod Section 22(7) Fisheries (General) Derrell Tulk $1000.00 with six months to pay. Regulations – Failed to provide Stewardship Cod Fishery Forfeiture of 235 lbs of cod fish valued 2016-01-05 accurate trip summary to Dockside Aspen Cove, NL at $146.88 Monitoring Company Section 28(3) Marine Mammal Terry Rideout Regulations – Failing to palpate Seal $1000.00 fine 2016-01-05 cranium as soon as possible after Newtown, NL shooting seal $750.00 fine for each count with 12 months to pay

Section 33 of Fisheries Act David Kenway All angling gear forfeited

Recreational Inland 2016-01-04 Section 10(2) of Newfoundland Gallants, NL All Atlantic salmon forfeited and Labrador Fishery Regulations

1 year prohibition from being on, at, or near inland waters $3000.00 fine; Mr Phillips was also Kenneth Phillips Section 53(b) Atlantic Fishery fined an additional $6066.04 as Regulations – Possession of Snow Crab 2016-01-04 clawback of monies acquired by Bonavista, NL Snowcrab less than 95mm illegal means Section 6(4) of the Wildlife $300.00 fine Allan Benoit regulations 1 year prohibition of fishing inland Mississauga, ON (Originally of St. Recreational Salmon fishery 2015-12-22 Possession of an Atlantic Salmon waters Alban’s, NL) that was not properly tagged Forfeiture of salmon/tag Fisheries Act Section 62— $1000.00 fine Obstruction of a Fishery Officer

Stephen Talbot Fisheries Act Section 63(1) – Providing False and Misleading Snow Crab $1750.00 fine and section 79.2(i) 2015-12-21 Englee, NL Information to a Fishery Officer order of the Fisheries Act. Installation of VMS for a period of Fisheries Act Section 22(7)—Failing three years to Hail $500.00 fine David Savoury Fishery (General) Regulations

Section 13(1)(b)—Use a vessel that Lobster – Commercial 2015-12-16 Forfeiture of 251 lbs of lobster worth Garnish, NL was not authorized in licence $1962.82 Levi Dominix Fishery (General) Regulations, Section 22(7)— Lobster tag not 2015 Lobster Commercial $1000.00 fine with 6 months to pay 2015-12-09 English Harbour West, NL affixed to pot Atlantic Fishery Regulations $1500.00 fine, 2 years to pay plus 22(7) – Exceeding number of $2850.00 claw back for amount of crab pots crab taken from excess pots

Larry Pinksen $1000.00 fine, 2 years to pay Crab Fishery 2015-12-08

Wild Cove, White Bay, NL Fisheries (General) Regulations There was also a 79.2 order stating 27(1)(a) Tending fishing gear with that Mr. Pinksen must have all fines wrong CFV number displayed paid in full before he can transfer his licenses

Section 22(7) Fisheries (General) Regulations – Inaccurate hail Duane Oram $1000.00 for each count and 3L Cod Stewardship Fishery 2015-12-08 Section 22(7) Fisheries (General) forfeiture of $556.50 worth of cod Hare Bay, NL Regulations – Inaccurate log book entry

$1000.00 fine Shawn Hickey Atlantic Fishery Regulations S.44

(1) —Unlawfully possess herring Herring 2015-12-04 Forfeiture of full proceeds of the Benoit’s Cove, NL that is less than 26.5 cm in length catch in the amount of $2633.08

Fishery (General) Regulations, Frazer Scanlon Section 22(7)— Failing to palpate Seal $500.00 fine with 6 months to pay 2015-12-01 Castors River North, NL seal cranium Newfoundland & Labrador N.L. crab fishermen often break rules: DFO CBC News Posted: Jun 03, 2010 12:40 PM NT Last Updated: Jun 03, 2010 12:38 PM NT

Federal fisheries researchers found that 20 per cent of the Newfoundland and Labrador crab fishermen they monitored were breaking fishing regulations — some were taking more than their quota and many were fishing in areas they weren't licensed to fish in.

Two separate Department of Fisheries and Oceans investigations in 2007, 2008 and 2009 looked at crab fishing by boats in the huge area off the province's east coast known as 3L.

"We found a number of violations, including leaving port without the observer, exceeding quotas, fishing in an area they weren't licensed for," said Ben Rogers, the area chief for conservation and protection with DFO in Newfoundland and Labrador.

One study found 12 of 60 boats had violated fishing regulations. The other study had similar results. DFO said its main concern is that fishermen misreported where they caught their crab. Rogers said that some boats are catching all or most of their quotas in an area where they aren't licensed to catch crab, but claiming they were caught in a licensed area. He said they're doing this because they can't find crab in the area they are licensed to fish in.

"Short-term gain, but long-term pain. They can catch their crab quickly right now, but in the long term it will impact on the future of the stocks," said Rogers. He explained that misreporting is a problem for DFO scientists, who set annual quotas for different areas based on what they believe are accurate catch reports from fishermen.

Fisheries officials said 25 vessels received 58 charges for illegal activity — mostly misreporting

Twenty-one of those 25 have been convicted on illegal fishing charges. Their total fines and forfeitures amount to almost $500,000. DFO officials said Wednesday that another 14 cases are underway 80 people charged, hefty fines handed out in Operation Gearshift

In the past year or so the courts in this province have dealt out some of the highest fines ever to people convicted of fisheries-related offences — in particular to fish harvesters misreporting catches and logbook information in the snow crab and northern shrimp fisheries.

The charges were the result of a major investigation known as Operation Gearshift conducted by the Department of Fisheries and Oceans (DFO).

The investigation began in April 2009 and concluded in March 2012, with individual cases making their way through the courts ever since.

In all, 72 fish harvesters were charged, and one dockside Monitor.

“The ongoing focus revealed a number of issues to officers and investigators, things like falsifying fishing log books, which is misreporting the areas of fishing activity to the department,” Slaney said. “They caught snow crab, and shrimp in some cases, in one area and reported it in their fishing logbook that it was actually caught somewhere else,” Slaney said. “Other types of offences were exceeding the amount of gear being fished, and exceeding individual quotas, and using fishing gear belonging to other harvesters.”

“We look at misreporting as a very serious conservation concern and a lot of the processes, from my experience talking to science, stock management is designed to incorporate fairness for all harvesters,” Slaney said.

“And if you have this ongoing activity, it is difficult for these people to do a good job managing”.

“Logbooks are designed to get input from harvesters, so this is a significant concern”. There has been Numerous DFO (Non Recreational or inland)violations in NL Region every year Since 1997 when the First <100ft appeared in area 6.

If the Current FFAW president Mr. Sullivan, doesn’t believe the DFO statistics maybe he could ask the Convicted criminals from his own area who paid some of the biggest fines in NL history. Fish Harvesters convicted for misreporting catches include: •Gerard Power of Calvert, fined $75,000; •Ronald Sullivan of Calvert, fined $40,000; •Lawrence Sullivan of Calvert, fined $35,000; •Frederick Goodridge of Renews, fined $9,000. These are the people The FFAW would have the Federal Government, through DFO put in charge of the management and stewardship of area 6

Virtually the whole system of accountability for under 100ft fleet is on the honour system!!

We see how well that’s been working out. SHRIMP PEELING PLANT WORKERS There are typically 1200 Shrimp peeling plants workers, (approx.) unfortunately for these hard working people they too are caught in the middle of the FFAW’s irresponsible, and uninformed, and misguide attack on rural NL & L

The shrimp landed are low quality, low value product, in onion bags on ice. Most often are sold on an international market at a greatly reduced price (when compared to FAS shrimp).

These iced shrimp require immediate and time sensitive production, requiring three shifts (24 hours a day). This often leads to labour shortages, Which all to often leads to temporary foreign workers. This when people often do not even qualify for unemployment. (numerous newspaper articles from 2014,15,16) The number of temporary foreign workers in Newfoundland as of Dec. 1, 2005 was 936, according to the report. Seven years later, (2012) it was 2,551. increasing more every year.

http://www.stats.gov.nl.ca/ According to the Newfoundland and Labrador government the unemployment rate as of April 2016 was 14.7%

Published on April 14, 2016 OCI considering temporary foreign workers for Fortune plant Ocean Choice International (OCI) has job openings at its fish plant in Fortune but apparently no takers. Ocean Choice International placed a province-wide ad for trimmers for the company’s plant in Fortune recently but didn’t get much response. There were 43 temporary foreign workers ready to go to work at the Royal Greenland Plant in the Bay de Verde when the devastating fire occurred in April of this year. Quinlan Brothers, Ocean Choice International LP all used temporary foreign workers.

“Reacting to the news that the federal government has lifted restrictions on temporary foreign workers for seasonal employers, FFAW president Keith Sullivan told CBC Radio's The Broadcast that a local solution is the better way forward.

“Better jobs, not foreign workers, are the answer to labour shortages at fish plants in the province, according to the head of the Fish, Food and Allied Workers”. The off shore vessels current produce IQF (immediate quick frozen) industrial shrimp. Because of EU tariffs on cooked and peeled shrimp had a rate of 20%, it was normally not economically viable to utilize FAS shrimp unless they were going into Canadian or North American Markets.

Peeling plants in NL should have first option on purchasing at fare market value (less normal shipping cost) all offshore FAS industrial shrimp.

With the Option for high quality offshore FAS shrimp, peeling plants would have a steady raw material supply. This supply would provide much needed steady employment, and reduce or eliminate the need for temporary foreign workers.

With this high end product coming into the plants, the chances of having a high end, high dollar, profitable product coming out should increase greatly.

This should be done regardless of what SFA area the industrial shrimp it comes from, regardless of what happens with CETA. An agreement needs to be reached where this can happen, sooner rather than later.

CLOSING COMMENTS AND RECCOMENDATIONS Setting aside the LIFO issues , no matter the outcome there will be no winners and most likely only losers from this, the damage to area 6 seems to be done. Many of the riffs the FFAW have created between costal communities, and between the Island and Labrador, may never truly heal. The FFAW seems to have accomplish a few things.

1. By producing the type of documents that can be found on their website, they seem to have proven they are more incompetent than any one imagined.

2. They seem to have proven they are less relevant than anytime in their history.

3. they are simply out of touch with reality by continually creating problems and not finding solutions. The change from temporary permits to full licenses, that created this whole mess is something that was done by the Federal minster of fisheries through DFO. The off shore vessels had nothing to do with creating this, and the Federal government through DFO needs to fix it.

LIFO as a government policy has been in place since 1997, everyone has been aware of it from the beginning. It was reviewed in 2012 and found to be fair. I belief it needs to be kept in the place not just for Financial reasons. It is the Right thing to do for the long term sustainability of the northern shrimp fishery. 1.Changing the role of the offshore vessels in area 6, as well document, will do more harm than good. All of Labrador, Newfoundland's GDP , as well as economies of NS, NB, Quebec and Baffin island will be affected.

2.The impact to the plant workers can be minimized by having the industrial shrimp from the off shore boats processed in NL plants. 3. The under 100ft fleet has way too many boats, and with way too much catching capacity involved in the shrimp fishery. The number of boats has to be drastically reduce. The onboard monitoring and accountability for the Boats needs to improve. The condition of the stocks has to come before the number of boats and Harvesters, if the fishery in area 6 can ever again become sustainable. *

4. It seems nothing has been learned!!! Codfish is on the come back or possibly even here in sustainable numbers. The over capacity has to be looked at now!!!! so we are not back here again in 20 years, a new tags program.

THE END