Inshore Scallop - Maritimes Region
Appendix 5
SFA 29 East of Baccaro (East of 65°30' W) Licence Transfer Policy - (Effective June 11, 2004)
In SWNS portion of SFA 29, East of Baccaro scallop licences may only be reissued to a qualified new entrant or head of a Core enterprise as follows:
- Licences held by residents with homeports within Yarmouth, Digby, Annapolis, Kings and Shelburne Counties could be transferred to another resident with a homeport within Yarmouth/Digby/Annapolis/Kings/Shelburne County area.
- Licences held by residents with homeports within Lunenburg, Queens Counties and the SWNS portion of Halifax County could be transferred to another resident with a homeport within Lunenburg/Queens/SWNS portion of Halifax County area.
In ENS portion of SFA 29, East of Baccaro scallop licences may only be reissued to a qualified new entrant or head of a Core enterprise who is a resident in ENS.
East of Baccaro licences are not transferable between Eastern Nova Scotia and Southwest Nova Scotia Management Areas; or vice versa (or to Southern New Brunswick from either Area).
Please note, the definition of "resident" is as currently defined in section 9(27) of the Commercial Fisheries licensing Policy For Eastern Canada, 1996.
This amendment does not affect the authorized fishing area within SFA 29 which remains as all areas inside the 12 Mile Territorial Sea Limit from Baccaro Point, Shelburne County (65°30W) to Cape North in Cape Breton, subject to annual licence conditions, variation orders etc.
Appendix 6
INSHORE SCALLOP ADVISORY COMMITTEE - TERMS OF REFERENCE - Revised January 2010
PURPOSE
The Inshore Scallop Advisory Committee will provide input and advice to Fisheries and Oceans Canada (DFO) on the conservation, protection, management and enhancement of the scallop resource in the Bay of Fundy and approaches which includes Scallop Fishing Areas 28 A, 28B, 28 C and 28D. The SFA 28 areas may also be referred to as Scallop Production Areas 1(1A and 1B), 2, 3, 4, 5, and 6 (6A, 6B and 6C) The committee will serve as the consultative forum for the development of an Ecosystem Based Fisheries Management Plan, with annual individual Fleet Fishing Plans.
SCOPE
The Committee will
- provide recommendations and advise on policy and regulations on Regional policy governing the Bay of Fundy scallop fishery;
- make recommendations on annual total allowable catches, quotas, licensing policies, fishing seasons, size limits, bycatch provisions, gear restrictions, annual fishing plans and ecosystem issues;
- make recommendations on management styles to be applied to each of the three fleets;
- make recommendations on the introduction of new fishing technologies, enhancement techniques or other issues that may affect the existing management measures;
- give consideration to biological and other information as it affects the management of the resource;
- discuss and promote research to address the concerns of the fishery and fishing industry;
- make recommendations regarding resolution of ongoing fishery management issues.
MEMBERSHIP
The composition of the Committee membership will reflect the structure and nature of the inshore scallop fishery.
The Committee will include members from accredited associations representing licence holders and fleet sectors, the Mid and Upper Bay Management Board, Aboriginal First Nations, buyer/processors, provincial governments and DFO. Additional members from community groups, municipal governments or similar agencies may also be included.
Representatives for licence holders will be selected through a process developed by and acceptable to that and the Committee. Each group will set criteria to establish the terms under which each member will serve the Committee, such as length of term, group or interests represented, alternative representation, removal or re-appointment to the Committee, etc.
All associations will be required annually to confirm membership of the appointed representative and that they hold a current scallop licence by providing to DFO a current list of all association members who hold scallop licences.
Committee membership (seats) will be as follows:
| Chair: DFO | |
| Co-Chair: As appointed by Committee members | |
| Committee members: | |
| Full Bay Fleet Mid and Upper Bay Fleet (from the Mid and Upper Bay Management Board) |
6 6 |
| Aboriginal – Full, Mid or Upper Bay scallop licence holders | |
| Buyer/Processor(s): | 1 |
| Nova Scotia New Brunswick |
1 1 |
| Provincial Governments: | |
| Province of Nova Scotia – NS DAF Province of New Brunswick - NB DAFA |
1 1 |
| Fisheries and Oceans Canada: | |
| Resource Management (RHQ) Conservation & Protection Area Directors/alternate Science Branch Economics Branch Oceans and Habitat Branch |
1 2 3 1 1 1 |
Others:
Committee representatives may determine eligibility and establish criteria for approving or denying additional requests for representation by other non-licence holder interest groups, or for removal of an existing representatives from the Committee.
Ex-officio members may be appointed as required. This may include representatives for municipalities, community business interests, other community interest groups, other provincial and federal government departments. At the discretion of the Committee, the Chair or Co-Chair will invite participation in meetings as required.
ADMINISTRATION:
Structure: Any changes to the structure and administration of the Committee will be decided by the Committee membership.
Meetings: Meetings can be held throughout the Scotia-Fundy Fisheries Sector of the Maritimes Region. Times, places and the number of meetings will be determined by the Committee.
Number of Meetings: The Committee will meet at least once each year.
Expenses: Non-DFO members do not receive funding from DFO for expenses incurred when attending meetings.
Voting Procedures: No formal voting procedures will be established. The Committee will operate on a consensus basis. The Chairperson or co-chairperson may pole the members.
The Committee has adopted a consensus model, based on the agreement that each member should have the opportunity to express their opinion, be listened to and accept a group decision that considers all the relevant factors. It may not be the preferred decision for each member. The Committee by listening to the information and opinions provided will work to ensure the most feasible or satisfactory solution is reached. This requires the mutual trust and respect of each Committee member.
Minutes of Meetings: Minutes of the Committee meetings will be prepared and distributed by DFO. Summaries of the recommendations and/or action items from the meetings of working groups, ad hoc subcommittees and /or management boards will be prepared by DFO and once accepted by the Committee will be attached to the minutes.
Public Access: Public and or Media access to meetings will not be restricted unless a majority of the Committee members say otherwise prior to the start of the proceedings.
Meetings of the Committee are open to any individual with and interest in the inshore scallop fishery as an observer. Observer status requires that individual identify himself/herself as such at the beginning of the meeting and is represented in the discussions by their official committee member(s). This ensures the Committee remains open to a broad range of opinions and that sectors of the fishery have access and awareness of the decision making process.
Interested observers without representation on the Committee, may attend the meeting and present briefs only after consultation with the Chairperson and/or if applicable the Co-Chairperson for inclusion on the agenda of the next meeting.
Attendance: If a member of the Committee is unable to attend, an alternate may be nominated as a replacement. Every effort should be made to advise the Chair or Co-Chair prior to the meeting. Should a representative not attend 2 meetings then a new representative must be appointed.
Quorum: In order to have quorum there must be a minimum of one (1) representative from each fleet.
INDUSTRY MANAGEMENT BOARDS / WORKING GROUPS/ AD HOC SUBCOMMITTEES
The Committee may appoint members from each association/fleet sector to an Industry Management Board/ Working Group/ Ad Hoc Subcommittee. These subcommittees will be responsible to provide recommendations and advise to the Committee and DFO on overlap issues involving two or more fleet sectors.
Representation (seats) not to exceed:
| Full Bay | 3 1 |
Nova Scotia New Brunswick |
| Mid Bay | 3 1 |
New Brunswick Nova Scotia |
| Upper Bay | 1 |
Working Groups within each fleet sector may be established to develop recommendations and advice on applicable management measures for their respective group. The full Committee will continue to be the forum for discussion and final recommendations and advice to DFO.
Amending the Terms of Reference: The Terms of Reference may be amended through the following process. Any requests for changes or amendments to the Terms of Reference must be submitted to DFO in writing at least 30 days prior to the next meeting, specifying in detail the proposed amendment. DFO will circulate the proposal to all members prior to the meeting.
Appendix 7
SFA 29 WEST SCALLOP ADVISORY COMMITTEE - TERMS OF REFERENCE - February 2010
PURPOSE
The SFA 29 West Scallop Advisory Committee will provide input and advice to Fisheries and Oceans Canada (DFO) on the conservation, protection, management and enhancement of the scallop resource in that portion of SFA 29 West of 65°30’ West longitude to 43°40’ North latitude (‘SFA 29 West’). The committee will serve as the consultative forum for the management of the SFA 29 West fishery.
OBJECTIVES
The Committee will serve as the forum to
- provide recommendations and advice on policy and regulations on regional policy governing the SFA 29 West scallop fishery;
- provide recommendations on annual total allowable catches, quotas, licensing policies, fishing seasons, size limits, bycatch provisions, gear restrictions, annual fishing plans and ecosystem issues;
- provide recommendations on the introduction of new fishing technologies, enhancement techniques or other issues that may affect the existing management measures;
- provide recommendations regarding resolution of ongoing fishery management issues.
MEMBERSHIP
The composition of the Committee membership will reflect the current structure and nature of the SFA 29 West scallop fishery, and will be reviewed annually.
The Committee may include members from accredited (registered with the NS Registry of Joint Stocks) associations representing licence holders and fleet sectors, Aboriginal First Nations, provincial governments and DFO. Additional members from community groups, municipal governments or similar agencies may also be included.
Representatives for licence holders will be selected through a process developed by and acceptable to the Committee. Criteria will be set to establish the terms under which each member will serve the Committee, such as length of term, group or interests represented, alternative representation, removal or re-appointment to the Committee, etc.
All associations will be required annually to confirm membership of the appointed representative(s) and provide DFO a current list of all association members who hold SFA 29 West scallop licences.
Committee membership (seats) will be as follows:
| DFO Co-Chairperson: DFO RHQ | |
| Industry Co-Chairperson: future consideration | |
| Committee members: | |
| Full Bay representatives | 4 |
| East of Baccaro representatives - SWNS = ENS = |
2 2 |
| Aboriginal - SFA 29 West scallop licence holders Commercial fisheries liaison co-ordinator |
|
| LFA 34 lobster representatives | 2 |
| Provincial Governments: | |
| Province of Nova Scotia – NSFA Province of New Brunswick - NBDAF |
1 1 |
| Fisheries and Oceans Canada: | |
| Senior Advisor, RHQ Resource Management Area Directors/ designate Conservation & Protection (SWNS) Science Branch |
1 3 1 1 |
Others:
Committee representatives may determine eligibility and establish criteria for approving or denying additional requests for representation by other non-licence holder interest groups, or for removal of an existing representatives from the Committee.
Ex-officio members may be appointed as required. This may include representatives for municipalities, community business interests, other community interest groups, other provincial and federal government departments and DFO branches. At the discretion of the Committee, the Co-Chairs may invite participation in meetings as required.
ADMINISTRATION:
Working Groups/Subcommittees: Ad hoc working groups/subcommittees can be established to review and assess specific policy options and management measures and provide advice to the Committee. The full Committee will continue to be the forum for discussion and final recommendations to DFO.
Meetings: Times, and places will be determined by the Committee.
Number of Meetings: The Committee will meet at least twice each year (Pre and post season) Additional meetings can be held as required.
Expenses: Non-DFO members do not receive funding from DFO for expenses incurred when attending meetings.
Management Advice: No formal voting procedures will be established. The Committee will operate on a consensus basis. The DFO Co-chairperson may poll the members. Only the scallop representatives will be polled when the issue relates to scallop management. The lobster representatives will only be polled when there is a scallop/lobster issue. The DFO co-chairperson will clarify this procedure prior to the poll.
The Committee has adopted a consensus model, based on the agreement that each member should have the opportunity to express their opinion, be listened to and accept a group decision that considers all the relevant factors. It may not be the preferred decision for each member. The Committee, by listening to the information and opinions provided, will work to ensure the most feasible or satisfactory solution is reached. This requires the mutual trust and respect of each Committee member.
Minutes of Meetings: Minutes of the Committee meetings will be prepared and distributed by DFO. Summaries of the recommendations and/or action items from the meetings of working groups, ad hoc subcommittees and/or management boards will be prepared by DFO and once accepted by the Committee will be attached to the minutes.
Public Access: Public and/or Media access to meetings will not be restricted unless a majority of the Committee members say otherwise prior to the start of the proceedings.
Meetings of the Committee are open to any individual with an interest in the SFA 29 West scallop fishery as an observer. Observer status requires that individual identity himself/herself as such at the beginning of the meeting and is represented in the discussions by their official committee member(s). This ensures the Committee remains open to a broad range of opinions and that sectors of the fishery have access and awareness of the decision making process.
Interested observers without representation on the Committee may attend the meeting and present briefs only after consultation and agreement from the Co-Chairpersons.
Attendance: If the representative is unable to attend a meeting, the alternate may attend as the replacement. If the representative or alternate are not able to attend a meeting, then that fleet may appoint a representative for that specific meeting. Every effort should be made to advise the DFO Co-Chair prior to the meeting. Should a representative not attend 2 meetings then a new representative should be appointed.
Quorum: In order to have quorum there must be a minimum of three (3) scallop representatives from each sector. Any discussion of a scallop/lobster issue requires at least one (1) lobster representative.
Structure: Any changes to the structure and administration of the Committee will require amendment of the Terms of Reference.
Amending the Terms of Reference: Any requests for changes or amendments to the Terms of Reference must be submitted to DFO in writing at least 30 days prior to the next meeting, specifying in detail the proposed amendment. DFO will circulate the proposal to all members prior to the meeting.
Appendix 8
SFA 29 East of Baccaro (65°30’) SCALLOP ADVISORY COMMITTEE
TERMS OF REFERENCE -
Revised March 2014
PURPOSE
The East of Baccaro (SFA 29 East of 65°30’ W) Scallop Advisory Committee will provide input and advice to Fisheries and Oceans Canada (DFO) on the conservation, protection, management and enhancement of the scallop resource in that portion of Scallop Fishing Area 29 East of 65°30’ W longitude to Cape North known as East of Baccaro. The committee will serve as the consultative forum for the development annual fishing plans.
SCOPE
The Committee will
- provide recommendations and advice on policy and regulations on Regional policy governing the East of Baccaro scallop fishery;
- make recommendations on licensing policies, fishing seasons, size limits, by-catch provisions, gear restrictions, annual fishing plans and ecosystem issues;
- make recommendations on the introduction of new fishing technologies, enhancement techniques or other issues that may affect the existing management measures;
- give consideration to biological and other information as it affects the management of the resource;
- discuss and promote research to address the concerns of the fishery and fishing industry;
- make recommendations regarding resolution of ongoing fishery management issues.
MEMBERSHIP
The composition of the Committee membership will reflect the structure and nature of the East of Baccaro, SFA 29 East of 65°30’ W, scallop fishery.
The Committee will include representatives from accredited associations representing licence holders and fleet sectors, Aboriginal First Nations, provincial governments and DFO. Additional members from community groups, municipal governments or similar agencies may also be included.
Representatives for licence holders will be selected through an election process acceptable to the Committee. Each group will set criteria to establish the terms under which each member will serve the Committee, such as length of term, group or interests represented, alternative representation, removal or re-appointment to the Committee, etc.
All associations will be required annually to confirm membership of the appointed representative and that they hold a current scallop licence by providing to DFO a current list of all association members who hold scallop licences.
Committee membership (seats) will be as follows:
| Chairperson: DFO Resource Management | |
| Co-Chairperson: As appointed by Committee members | |
| Committee members: | |
| East of Baccaro Inshore scallop fleet - | |
| SWNS = Digby/Yarmouth Shelburne/Queens Lunenburg/Halifax |
6 2 2 2 |
| ENS = GCIFA ESFPA Cape Breton Other - but must be from ENS homeport) |
6 1 1 2 2 |
| Aboriginal – First Nations and Aboriginal Groups holding Inshore, East of Baccaro scallop licences | |
| Recreational licence holders SWNS = ENS = |
2 2 |
| Provincial Governments: | |
| Province of Nova Scotia – NSFA | 1 |
| Fisheries and Oceans Canada: | |
| Resource Management (RHQ) Conservation & Protection (1 SWNS/1 ENS) Area Director/ Area Resource Mgt (1 SWNS/1 ENS) Science Branch Economics Branch Oceans and Habitat Branch |
1 2 2 1 1 1 |
Others:
Committee representatives may determine eligibility and establish criteria for approving or denying additional requests for representation by other non-licence holder interest groups, or for removal of an existing representatives from the Committee.
Ex-officio members may be appointed as required. This may include representatives for municipalities, community business interests, other community interest groups, other provincial and federal government departments. At the discretion of the Committee, the Chair or Co-Chair will invite participation in meetings as required.
ADMINISTRATION:
Structure: Any changes to the structure and administration of the Committee will be decided by the Committee membership.
Working Groups/Subcommittees: Ad hoc working groups/subcommittees may be established to review and assess specific policy options and management measures and provide advice to the Committee. The full Committee will continue to be the forum for discussion and final recommendations to DFO.
Meetings: Times, and places will be determined by the Committee.
Number of Meetings: The Committee will meet at least once each year. Additional meeting may be held as required.
Expenses: Non-DFO members do not receive funding from DFO for expenses incurred when attending meetings.
Voting Procedures: No formal voting procedures will be established. The Committee will operate on a consensus basis. The Chairperson or Co-chairperson may poll the members.
The Committee has adopted a consensus model, based on the agreement that each member should have the opportunity to express their opinion, be listened to and accept a group decision that considers all the relevant factors. It may not be the preferred decision for each member. The Committee by listening to the information and opinions provided will work to ensure the most feasible or satisfactory solution is reached. This requires the mutual trust and respect of each Committee member.
Minutes of Meetings: Minutes of the Committee meetings will be prepared and distributed by DFO. Summaries of the recommendations and/or action items from the meetings of working groups, ad hoc subcommittees and /or management boards will be prepared by DFO and once accepted by the Committee will be attached to the minutes.
Public Access: Public and or Media access to meetings will not be restricted unless a majority of the Committee members say otherwise prior to the start of the proceedings.
Meetings of the Committee are open to any individual with and interest in the East of Baccaro, SFA 29 East 65°30’ scallop fishery as an observer. Observer status requires that individual identify himself/herself as such at the beginning of the meeting and are represented in the discussions by their official committee member(s). This ensures the Committee remains open to a broad range of opinions and that sectors of the fishery have access and awareness of the decision making process.
Interested observers without representation on the Committee, may attend the meeting and present briefs only after consultation with the Chairperson for inclusion on the agenda of the next meeting.
Attendance: If a member of the Committee is unable to attend, an alternate may be nominated as a replacement. Every effort should be made to advise the Chairperson prior to the meeting. Should a representative not attend 2 consecutive meetings then a new representative must be appointed.
Quorum: In order to have quorum there must be a minimum of two (2) commercial representatives from each management area (SWNS and ENS). For discussion of recreational scallop issues there must be at least 1 (one) recreational representative from that management area.
Amending the Terms of Reference: The Terms of Reference may be amended through the following process. Any requests for changes or amendments to the Terms of Reference must be submitted to DFO in writing at least 30 days prior to the next meeting, specifying in detail the proposed amendment. DFO will circulate the proposal to all members prior to the meeting.
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