As of January 1, 2010, the European Union’s regulation on Illegal, Unreported, and
Unregulated (IUU) fishing is effective and products derived from catches landed after this
date will require a DFO-validated catch certificate in order for you to access the EU market.
You can now apply for these catch certificates via DFO’s Catch Certification Office
(CCO) using the Fisheries Certificate System (FCS).
Ukraine: Possible Restrictions Withdrawn
After considerable lobbying and representations, the Ukraine has formally withdrawn its
Order No. 14 which would have allowed imports of food products from only plants that have
been visited and approved by Ukraine food inspection officials. As such, seafood exports to
the Ukraine will continue according to the current regulations.
Capelin-Taiwan
In testing imported capelin from Canada, Taiwan food safety officials detected trace
amounts of formalin. Formalin is a watery solution of formaldehyde, a non-approved
preservative used in some aquaculture operations. In response, Taiwan threatened to halt
further imports of Canadian capelin.
The Canadian Food Inspection Agency (CFIA) was able to quickly confirm to the Taiwan
authorities that Canadian capelin (i) is not an aquaculture product; (ii) that formalin in capelin
is a naturally occurring substance; and (iii) Capelin products are fully acceptable for human
consumption.
Fisheries Property Rights/Catch Shares
Following a presentation by a consultant of the World Bank to the Federal, Provincial, and
Territorial Fisheries & Aquaculture Minister in June, 2009, the Ministers instructed their
Deputy Ministers to establish a task group to bring forward a comprehensive discussion
paper on property right/catch shares in the fisheries so that Ministers can engage in a
discussion on the issue and its applicability in the Canadian fisheries beginning with their
next meeting in June 2010. Michael Gardner, Gardner Pinfold Consulting Economists ltd.,
Halifax has been contracted to develop the discussion paper.
The initiative is timely – land claim settlements in BC will provide native groups with tangible
property rights regarding their share of BC fisheries; the Supreme Court’s Saulnier ruling
identified a fishing licence as property in specific circumstances; the new US Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act (2006) specifically
provides in legislation ‘Limited Access Privileges (i.e. ITQ’s) which provide exclusive
percentages of an annual catch limit (ACL i.e. TAC) among participants; influential
environmental groups (Environmental Defence, etc) and academe (Boris Worm, etc) are
public in their support of catch share fisheries management regimes; the World Bank is
promoting the approach, particularly in developing countries.
DFO Response to the Saulnier Supreme Court Ruling
In response to the Supreme Court Saulnier decision, the Department of Fisheries and
Oceans (DFO) has developed procedures for working with trustees in bankruptcy and
secured creditors and their receivers. These procedures apply to licences issued in all
regions of the country for commercial fishing activities.
Bankruptcy
In the case of a bankruptcy, DFO will accept requests respecting licences from a trustee in
bankruptcy upon submission of a “certificate of appointment” of trustee in bankruptcy.
DFO’s licensing policy and eligibility criteria continue to apply, and the Minister retains the
discretion to approve or deny the request.
Performance of a Security Interest in Canada except Quebec
In the case of performance of a security interest, DFO will provide information and policy
advice relating to specific licences subject to a security agreement registered under the
appropriate provincial legislation, upon submission of the following information and
documents:
• A copy of the Security Agreement and a Search Report of the appropriate provincial
registry, and
• A copy of the Notice of Appointment of a Receiver or a copy of the Court Order
appointing the Receiver.
In Quebec in the exercise of Hypothecary Rights
In the context of exercise of hypothecary rights, DFO will provide information and policy
advice relating to specific licences subject to a deed of hypothec registered under provincial
legislation upon submission of the following information and documents:
• A copy of the deed of hypothec and an extract of the provincial registry, and
• A copy of the prior notice to exercise a hypothecary right and a copy of the proof of
service to the licence holder.
In all provinces
In the case of performance of a security interest (in Canada except Quebec) or exercise of
hypothecary rights (in Quebec), DFO will accept requests respecting licences from a
secured creditor and/or its receiver, where the fishing licence is subject to a security
agreement or to a deed of hypothec registered under the appropriate provincial legislation
upon submission of the following information and documents:
• Written consent of the license holder, who will personally sign the request for the
transaction requested, or
• A court document outlining and confirming that the secured creditor’s claim for the
transaction is valid and enforceable. These include court documents appointing a
receiver or a court order confirming the secured creditor’s rights.
Each situation will be handled on a case-by-case basis. DFO’s licensing policy and eligibility
criteria continue to apply, and the Minister retains the discretion to approve or deny the
request.
This process complements the Notice and Acknowledgment System, implemented in 2007.
The Notice form allows the Recognized Financial Institution (RFI) to notify DFO that they
have a financial arrangement with a licence holder in respect of a particular licence. When a
Notice is on file, an Acknowledgement form, signed by a representative of the RFI is
required when a request for “licence re-issuance” or “quota transfer” is submitted to DFO.
CFIA Short-Weight Initiative
Following a meeting in November 2009 between CFIA and the FCC’s Short-Weight Working
Group, CFIA will be launching shortly a 3 month dedicated short-weight survey: pulling 300
samples for net weight inspection of shrimp, squid, Alaska Pollock, and basa from China,
Vietnam, India, Indonesia, Taiwan, and Thailand. The survey will include inspections at
public storage and unannounced visit to private storage.
For this round, CFIA will focus on importers. However, they will look for repacking at private
storage facilities. With respect to squid, they will issue a new guidance to the inspectors to
ensure all ice is removed.
Canadian Centre for Fisheries Innovation (CCFI) – New Managing Director
Bob Verge has been appointed the new Managing Director of CCFI, replacing Carey Bonnell
who now is Head, School of Fisheries, Fisheries & Marine Institute, Memorial University.
Bob has an extensive background in the fisheries as well as research and development. Bob
takes up his position on January 18.
