Fisheries Licensing Policy Newfoundland and Labrador Region

Introduction

Purpose of policy

This document was prepared to provide fish harvesters, Aboriginal Organizations, and the Canadian public with a clear and consistent statement regarding the Fisheries and Oceans Canada’s (DFO) policy respecting commercial fishing enterprises, the registration of vessels, and the issuance of recreational and commercial fishing licences in the Newfoundland and Labrador Region.

It sets out requirements and eligibility criteria established by the Minister of Fisheries and Oceans Canada (the “Minister”) with respect to the licensing of commercial fishing and communal commercial fishing in the Newfoundland and Labrador Region. The Minister retains complete discretion to make an exception to these provisions.

Application of policy

This policy applies to the inshore commercial fisheries for fish and marine plants in Canadian fisheries waters (coastal and inland) in the Newfoundland and Labrador Region.

This policy underwent a formal approval process following consultation with stakeholders. Before implementation, all proposed licensing policies must be formally approved within Fisheries and Harbour Management, following a review by the licensing policy leads.

With the exception of Part 4, this policy may not apply to licences issued under the Aboriginal Communal Fishing Licences Regulations. Nothing in the policy, except residency requirements, precludes the issuance of a licence to an Aboriginal Organization as a replacement for a re-issuable licence. Part 4 details the licensing policies regarding communal licences.

What is a licence?

A licence grants authorization to do something which, without such permission, would be prohibited. As such, a licence confers no property or other rights which can be legally sold, bartered or bequeathed. Essentially, it is a privilege to do something, subject to the terms and conditions of the licence.

A fishing licence is an instrument by which the Minister, pursuant to the discretionary authority under the Fisheries Act grants authorization to a person or to an Aboriginal organization to harvest certain species of fish or marine plants subject to the conditions attached to the licence. This is not a permanent authorization; it terminates upon expiry of the licence. The licence holder is given a limited fishing privilege, and not any kind of absolute or permanent right or property.

As provided under the Fishery (General) Regulations the issuance of a document of any type to any person does not imply or confer any future right or privilege for that person to be issued a document of the same type or any other type.

Licensing principles

This policy is built on the following principles, as outlined in the Commercial Fisheries Licensing Policy for Eastern Canada (CFLP):

• be consistent with DFO's core mandate
• achieve a balance between capacity and the resource
• encourage environmentally sustainable harvesting
• foster greater economic viability of the fishery sector
• facilitate industry self-reliance
• develop a greater degree of partnership with a professional group of harvesters
• streamline administration of licensing

Appeals

Participants in the Newfoundland and Labrador Region commercial fisheries who are not satisfied with licensing decisions made by DFO have the opportunity to request a licensing appeal.

Reasons for appealing a licensing decision must relate to an alleged incorrect application of licensing policies, extenuating circumstances or a change in policy. Each request will be reviewed against this criteria.

National On-Line Licensing System (NOLS)

The Department’s licensing services are now provided online through the National Online Licensing System.

The system is designed to allow you to perform your licensing transactions on-line, and applies to holders of fishing licences managed by Fisheries and Oceans Canada. These include:

• holders of commercial licences
• holders of commercial-communal licences
• holders of recreational fishing licences in Eastern Canada (Atlantic Canada and Quebec)

Terminology

Expressions in this document have the same meanings as those found in the Fisheries Act, the Coastal Fisheries Protection Act, and the regulations made under those acts. Terminology not listed below may be found in the Commercial Fisheries Licensing Policy for Eastern Canada.

Aboriginal organization:

includes an indigenous band, an indigenous band council, a tribal council and an organization that represents a territorially based indigenous community.

Authorized overlap:

Groundfish licence holder with a homeport in the extremities of their sector is authorized to fish in the NAFO Division adjoining their homeport Division.

Buddy-up:

A DFO-authorized temporary fishing arrangement licence holders, holding valid licences for the same species and gear type in the same fishing area to actively fish together from the same authorized vessel. Only two licence holders will be authorized, requiring each fisher to be active on vessel for all fishing activity. These arrangements are not intended for licence holders who are unable to actively engage in fishing activity.

Conservation Harvesting Plan (CHP):

Fishing plans submitted by and agreed to by industry which identifies such things as, but not limited to, harvesting methods, season opening dates, conservation measures and sharing arrangements.

Core:

Fishing enterprises headed by individual fish harvesters who, in 1996, held key licences, and was determined to have an attachment to the fishery, and who were dependent on the fishery, following an in-depth review and analysis of documents related to income, employment and fishing activity, etc. Core status is available to a limited number of enterprises.

Enterprise:

A fishing unit composed of a registered fish harvester (head of enterprise), his/her registered vessels, and his/her commercial licences. Enterprises are assigned a specific status which prescribes their access to the commercial fishery.

Enterprise allocation:

The amount of fish from a particular stock allocated exclusively to a licence holder, usually a corporation. Such an allocation would normally apply to vessels longer than 65 feet.

Enterprise combining:

A policy that permits Independent Core fish harvesters to acquire another enterprise for the purpose of combining, and results in the removal of one enterprise, vessel registration and duplicate species licences.

Fisher Registration Card (FRC):

A DFO issued authorization that permits individuals to participate on a fishing vessel in a commercial fishery, as specified in AFR section 14(2). This registration is distinct from certification provided by the Professional Fish Harvester Certification Board (PFHCB).

Fishing licence:

An instrument used by the Minister, under authority of the Fisheries Act, grants authorization to a person, including an Aboriginal organization, to harvest certain species of fish or marine plants subject to the conditions attached to the licence. This is a temporary grant as licences are issued for a fixed period, usually annually.

Fishery sectors:

Footprint:

Term used in Combining or Divesting transactions to refer to the original Licence held by either the acquiring licence holder or the relinquishing licence holder.

Historical overlap:

Groundfish licence holder in one NAFO Division or fishing area is authorized to fish another fishing area or NAFO Division, based on their historical fishing activity.

Homeport:

The port from which a fish harvester’s enterprise is based. Professional Level II fishers entering the Independent Core group will be reviewed and assigned a homeport as part of the enterprise re-issuance process. Eligibility to receive an enterprise is detailed in the policy, and may include factors such as where a person resides.

Independent Core:

Classification of inshore fish harvester who holds a key licence and is head of a Core enterprise.

Individual Harvesting Restrictions (IHR’s):

The limit or “cap” on the amount of fish an individual can catch in a designated competitive fishery. Core enterprise owners who avail of the revised vessel registration policy flexibility will be required to fish under an Individual Harvesting Restriction regime in commercially significant fisheries.

Individual quota (IQ):

Quota that is comprised of a fixed amount or a percentage of a fleet quota or total allowable catch (TAC) that is assigned to an individual fish harvester. Licences fees will be applied in accordance with regulations. Please note that these IQ's are distinct from harvesting caps.

Integrated Fisheries Management Plan (IFMP):

Planning framework used to guide the conservation and sustainable use of marine resources, and the process by which a given fishery will be managed for a period of time.

Intergenerational:

Used for the purposes of a reissuance of a licence(s) and/or registration(s) in that the current licence holder may request that the licence/registration be re-issued from a parent or step-parent to an eligible child, which may include son-in-law or daughter-in-law.

Key licence:

Key status is given to the most active fisheries in the region. In the Newfoundland and Labrador Region, key fisheries are: groundfish; cod handline; capelin; scallop; snow crab; lobster; shrimp; all species using purse seine; and on the Labrador coast, salmon and Arctic char.

Limited entry:

The mechanism DFO uses to control the number of licence holders participating in a fishery. A limited entry fishery has entry requirements or criteria established in order to qualify for the fishery.

Non-Core:

Fishing enterprises headed by individual fish harvesters who, in 1996, held key licences, and was determined that they did not meet Core or Independent Core eligibility requirements following an in-depth review.

Professionalization classification:

Fish harvester registration classification as an Apprentice, Professional Level I or Professional Level II fish harvester, as acquired through the Professional Fish Harvesters Certification Board (PFHCB).

Reissuance:

The process whereby the registration of a species licence or fishing vessel is relinquished by one fish harvester and registered in the name of another fish harvester. It is commonly referred to as a transfer.

Residence:

The place where one actually lives; his/her fixed permanent address to which he or she maintains residential ties, distinguished from a place of temporary residence such as a summer home or a temporary residence for work or school. Residential ties of an individual which would be significant for the purpose of determining residence include the individual’s dwelling, spouse or common-law partner, and dependents.

Resident:

A person who has continuously had his/her main place of residence in a defined area for a period of not less than six months immediately preceding the time that residence becomes material for the purpose of licensing.

Shore skipper:

An enterprise owner in the Large Vessel Fleet (maximum 19.8m (64’11”) LOA) or in the Extra Large Vessel Fleet (maximum 27.4m (89’11”) LOA) who has been permitted to operate his enterprise from shore and to have a substitute operator in place for the entire year. Enterprise transfer/reissuance will result in the cancellation of this privilege.

Substitute operator:

Eligible fish harvester the licence holder has designated to fish their enterprise. All substitute operators must meet eligibility requirements and be approved by DFO.

Vessel Lease:

The authorized temporary use of an alternate vessel when a licence holder is unable to use the vessel registered on their licence for reasons beyond their immediate control (i.e. mechanical, structural malfunction, and/or loss of vessel).

Vessel Length Overall (LOA):

Horizontal distance measured between perpendiculars erected at the extreme ends of the outside of the main hull of a vessel (includes the vessel’s bottom, sides, and deck). Transom platforms extending beyond the stern of a vessel for the purpose of this policy will be considered part of the main hull of the vessel.

Vessel Registration Number (VRN):

The registration number assigned to a vessel when it is registered with DFO as a fishing vessel as required under Regulations.

Part 1 – General Licensing Policy

1. Registration of fish harvesters

1.1 All commercial fish harvesters 16 years of age or older must be registered with Fisheries and Oceans Canada (DFO) as required by the Atlantic Fishery Regulations, 1985 (AFR) section 14. The Newfoundland and Labrador (NL) Region of DFO recognizes fish harvesters who hold a Fisher Registration Card (FRC) issued by DFO or a professional fisher certificate (PFC) issued by the Professional Fish Harvesters Certification Board (PFHCB) for the purposes of fisher registration on a commercial vessel.

1.2 To be eligible for a FRC issued by the NL Region of DFO the commercial fish harvester must be 16 years of age or older; a Canadian citizen, permanent resident or hold a valid work permit; and be a resident of the province of Newfoundland and Labrador. Persons onboard a vessel for tourism purposes, operating under a Commercial Charter licence may be issued a FRC without being a Canadian citizen, permanent resident or hold a valid work permit; or being a resident of the province of Newfoundland and Labrador.

1.3 The holder of an FRC only is not eligible to acquire an existing Core Enterprise and commercial fishing licences. The holder of an FRC only is not eligible to be designated as a Substitute Operator for a fishing enterprise. Fish harvesters who have future interest in acquiring a Core Enterprise, or being designated as a Substitute Operator for a fishing enterprise, should register with the PFHCB.

1.4 Individual fish harvesters are classified each year by the PFHCB as Apprentice, Professional Level I, or Professional Level II.

1.5 DFO accepts the PFHCB Apprentice, Professional Level I, or Professional Level II certification for the purposes of fish harvester classification and licensing eligibility criteria.

1.6 An individual must be a permanent resident of the province of Newfoundland and Labrador and a Professional Level II in order to acquire an existing complete Core Enterprise and to annually renew all commercial licences. (See sections 5 and 6 for Homeport and Residency requirements and sections 8, 9 and 12 for licence issuance, renewal and reissuance details.)

2. Core enterprise concept

2.1 Inshore fisheries are managed under the “Core enterprise” concept that was developed with the Commercial Fisheries Licensing Policy for Eastern Canada in 1996. It limited fishery access to a core group of a maximum number of multi-licensed enterprises headed by individual and independent fish harvesters. In the past, to qualify as a member of the core group at that time, a licence holder was required to meet the following criteria as of December 20, 1995:

• be the head of an enterprise
• hold key licences
• have an attachment to the fishery
• be dependent on the fishery

The Core assessment process has concluded, and no further assessments for Core status are being undertaken.

2.2 On December 9, 2020, the Government of Canada published amendments to the Atlantic Fishery Regulations, 1985 and the Maritime Provinces Fishery Regulations in Canada Gazette, Part II, all of which came into force by April 1, 2021. These amendments replaced the Preserving the Independence of the Inshore fleet in Canada’s Atlantic Fishery policy (PIIFCAF). The PIIFCAF was discontinued as of March 31, 2021.

The amended regulations:

• prohibit licence holders from transferring the use and control of the rights and privileges conferred under the licence to any third party
• restrict the issuance of inshore licences to licence holders who have not transferred use or control of the rights and privileges conferred under the licence
• prohibit anyone other than the licence holder from using and controlling the rights and privileges associated with a licence

2.3 Independent Core status is available to inshore fish harvesters who are heads of Core enterprises.

2.4 Entry into the Core group is possible only by acquiring a Core enterprise. The Independent Core status is assigned to a Professional Level II fish harvester in a complete enterprise reissuance, providing they meet the regulations outlined in Subsection 2.2.

2.5 Only Independent Core fish harvesters are eligible for new licences or replacement licences acquired through licence reissuance. See the exception for Rod and Reel Bluefin tuna commercial charter licences in Sec 12.37 a and d.

2.6 Independent Core applies to Estates for the purposes of renewing licences, requesting substitute operators or licence reissuance where eligible and the application of the Inshore Regulations. However, it does not apply for receiving new or replacement licence, or to acquire fishing entitlements through enterprise combining.

2.7 Non-Core status is assigned to an enterprise with a key licence that does not meet the criteria to be assigned Core.

2.8 Independent Core, Core and Non-Core do not apply to Indigenous groups.

3. Fleet Separation Policy

3.1 One of the objective of licensing policy is to separate the inshore fish harvesting sector and processing sectors. As a result, inshore licences may not be issued or reissued to corporations, including those involved in the fish processing sector. Corporations established under the Issuing Licences to Companies policy are excluded.

3.2 Notwithstanding Subsection 3.1, corporations that existed and held inshore fishing licences prior to 1979 (referred to as pre-79 corporations) may continue to hold these licences, or reissue them to another pre-79 corporation holding inshore fishing licences, or to an eligible recipient.

3.3 When a pre-79 corporation reissues all licences to a qualified and eligible new entrant, the new entrant will be categorized as Independent Core.

4. Owner-Operator Policy

4.1 Under this policy, licences will be issued in the name of an individual licence holder.

4.2 Licence holders are required to personally carry out activities authorized by their licence, as specified in the Owner Operator provisions in the Atlantic Fishery Regulations, 1985, subsection 19(2). Exceptions to this requirement include licence holders with a DFO-authorized Substitute Operator for reasons beyond their control, those with Shore Skipper status, or licences issued under the Aboriginal Communal Fishing Licence Regulations.

4.3 Unless “grandfathered” by DFO, licence holders will only be permitted to hold only one licence for a given species. Those licences may be validated for more than one gear type.

4.4 The Owner-Operator Policy does not apply to licences issued under the Aboriginal Communal Fishing Licence Regulations. The licences issued under the authority of these regulations are communal, and are not specific to an individual.

5. Licence and enterprise eligibility

5.1 All Level II fish harvesters are assigned a homeport once they receive an Independent Core enterprise. Homeport is the community in which an enterprise is based, and may not correspond to the permanent residence/address of the licence holder.

5.2 Historically, homeport has been used in NAFO Divisions 2GHJ3KLPs as the basis of eligibility for the issuance of new licences and reissuance of current licences/enterprise.

5.3 Historically, residency (an individual’s place of residence) has been used in NAFO Division 4R and sub-Division 3Pn as the basis of eligibility for the issuance of new licences and reissuance of current licences/enterprises. In NAFO Division 4R and sub-Division 3Pn, an enterprise holder’s approved residency is used to assign a registered homeport and determine license eligibility.

6. Change of homeport or residency

6.1 To qualify for a change of homeport or residency, fish harvesters must meet each of the following conditions:

1. establish permanent residence (as per Subsection 6.2) in the new community/area for a minimum of six (6) consecutive months (36 months when fishing Snow crab in Labrador) and provide personal documentation which must reflect the new address for the required period of time
2. apply to the Department requesting the change, including the reason for the change request
3. re-issue or relinquish any licence(s) valid only for the former homeport or area of residency (eg. lobster licences from Notre Dame Bay cannot be moved to Bonavista Bay)

6.2 For the purpose of determining residency, DFO officials will require three supporting documents from the fish harvester which must show proof of residence for the required 6 months (36 months for Snow crab in NAFO Division 2J). These documents may include, but are not limited to:

1. Valid Driver’s licence for the province/region;
2. Utility invoices in the requestor’s name and for the community for six (6) consecutive months (36 months for Snow crab in NAFO Division 2J). Rental agreements inclusive of utilities are not sufficient.
3. And one of the following:
   1. Valid vehicle registration for the province/region; and/or
   2. Letter from a lawyer attesting to permanent residence of the individual.

6.3 Requests for homeport or residency change may be subject to DFO investigation. Upon approval of the new homeport or residency, individuals become eligible for reissuance of licences or for new licences for the new homeport or residency, where available.

6.4 Requests may be subject to DFO investigation. Should DFO officials have reason to believe a false declaration is being made regarding residency, further action may be taken.

7. Relocating to region - Homeport / Residency

7.1 Individuals wishing to relocate to Newfoundland and Labrador and enter the fishery by acquiring a Core enterprise must meet each of the following conditions:

1. meet the requirements as outlined in Subsections 6.1 and 6.2
2. be registered with the Professional Fish Harvesters Certification Board and meet the Level II requirement
3. apply to the Department with the request

7.2 Requests may be subject to DFO investigation. Should DFO officials have reason to believe a false declaration is being made regarding residency, further action may be taken.

8. Licence issuance

8.1 The Newfoundland and Labrador (NL) Region of DFO will only issue commercial fishing licences to permanent residents of the province of Newfoundland and Labrador. Non-residents are not eligible to hold commercial fishing licences issued by the NL region.

8.2 The issuance of commercial licences can only be approved if the fish harvester meets current eligibility requirements including applicable valid professional fisher certification level with the Professional Fish Harvesters Certification Board (PFHCB).

8.3 Most fisheries are determined to be “limited entry,” meaning no new licences are available. As a result, a species licence will only be issued to a person who:

1. held a licence for the given species in the preceding calendar year (annual renewal) and provided that the licence was not re-issued to another person; or
2. receives such a licence through reissuance; or
3. meets the eligibility criteria as outlined in the Integrated Fisheries Management Plan (IFMP) and/or Conservation Harvesting Plan (CHP) when new licences become available.
4. And holds a valid professional fisher certification level with the PFHCB.

8.4 Fish harvesters are not permitted to hold licences in two different inshore fishing sectors simultaneously. Additionally, a fish harvester cannot hold licences in the inshore fishing sector, the mid-shore fishing sector, or the offshore fishing sector at the same time. In order for a fish harvester to hold licences and/or registrations in the midshore or offshore fishing sector, he/she must reissue, combine or relinquish all licences and/or registrations in the inshore fishing sector, and vice versa.

8.5 A licence holder in the inshore sector may not hold any interest or shares in a company that holds licences and /or registrations in the midshore or offshore sectors, and vice versa. 

9. Licence renewal

9.1 Licences must be renewed (fees paid) annually by December 31 of the current year, or they are cancelled. Renewal includes the payment of all individual quota fees, with the exception of commercial Cod individual quota fees which are not required to be paid if there are no directed or incidental landings; however, the groundfish license fee must be paid.

9.2 An appeal may be requested of the Regional Licensing Appeal Committee to reinstate lost fishing privileges.

9.3 The annual renewal of commercial licences held in the previous year can only be approved if the fish harvester meets current eligibility requirements including applicable valid professional fisher certification level with the  PFHCB.

9.4 Independent Core fish harvesters who fail to renew their full suite of fishing licences, or the final remaining key licence, and/or are unsuccessful through the appeal process, will lose their Independent Core status as well as their professionalization status.

9.5 Notwithstanding licence issuance where Aboriginal rights and Land Claims Agreements exist, new commercial licences may only be issued to Independent Core fish harvesters.

9.6 If a fisher has been convicted under the Fisheries Act and has not paid the fine, the issuance of any species-specific fishing licence and the conditions of the licence will be suspended until the fine is paid.

10. Freezing-at-sea

10.1 Licence holders approved for freezing at sea are permitted to freeze:

1. Greenland halibut (turbot) in Sub-Area 0B only
2. and/or Northern shrimp in Shrimp Fishing Area 4

10.2 Only onboard freezing equipment is authorized. Further processing requirements/authorities come under the purview of the Canadian Food Inspection Agency (CFIA).

10.3 There are no new freezing-at-sea authorizations for inshore-based vessels in the Large Vessel Fleet (maximum 19.8m (64’11”) LOA) or the Extra Large Vessel Fleet (maximum 27.4m (89’11”) LOA).

10.4 Reissuance of a freezing-at-sea authorization is permitted:

1. in the case of a complete enterprise reissuance that includes the Shrimp Fishing Area 4 shrimp licence and/or an 0B turbot validation
2. with either the Shrimp Fishing Area 4 shrimp licence and/or an 0B turbot validation, if reissued individually

10.5 Licence holders must have one of the two licences/validations approved for freezing-at-sea in order to maintain eligibility. Those who reissue both the Shrimp Fishing Area 4 shrimp licence and the 0B turbot validation will lose the freezing-at-sea authorization.

10.6 The freezing at sea authorization is NOT a validation that is eligible for reissuance on its own; it MUST be attached to one of the licences/validations approved for freezing-at-sea.

Part 2 – Changing licence/enterprise details

11. Use of Substitute Operators

11.1 Enterprise holders in all inshore fleet sectors are required to personally fish licences issued in their name. As provided under the Fishery (General) Regulations, where a licence holder, or the operator named in a licence, is unable to engage in fishing activity due to circumstances beyond their control, DFO may authorize in writing another person to carry out the fishing activity under the licence.

11.2 The intent of this policy is to allow the existing enterprise to continue normal fishing operations in the absence of the enterprise owner. The substitute operator would replace the licence holder on their vessel; it does not allow a licence to be taken from one enterprise and fished on another.

11.3 All requests for substitute operator are reviewed on a case-by-case basis and must be approved by DFO. Requests will not be approved where it is deemed by DFO that the enterprise was not intended to be fished.

A. General Substitute Operator and policy guidelines

11.4 Individuals using a substitute operator must not be employed outside the fishery, nor can they be involved in the fishery during the substitution period either on their own, or on any other fishing enterprise. See the exception for Rod and Reel Bluefin tuna commercial charter licences in Sec 12.37 e.

11.5 The substitute operator must hold a valid Professional Level I or Professional Level II certification issued by the Professional Fish Harvesters Certification Board (PFHCB); Apprentice level and FRC holders are not eligible to be a substitute operator.

11.6 For substitute operators from outside of the NL Region, consideration will be given to individuals with a valid certificate from another fish harvester certification board in Atlantic Canada and Quebec, or with a commercial fish harvester registration issued by another DFO Region.

11.7 A substitute operator cannot operate his/her own enterprise or have a substitute operator operate their enterprise while they are designated as a substitute operator. The substitute operator’s licence(s)/vessel registration(s) cannot be fished or reissued during this period.

11.8 Unless otherwise stated, substitutions can be cancelled at any time by either party.

11.9 Individuals deemed Shore skippers are eligible for extended substitute operator privileges.

B. Types of Substitute Operator

11.10 24-HOUR substitute operator is available to licence holders in the Small Vessel Fleet (maximum 15.2m (49’11”) LOA ) who, due to an emergency, cannot tend to fishing matters for a 24-hour period. Request in writing is not required; however, a verbal request must be made to a Fishery Officer or an authorized DFO agent.

11.11 Casual substitute operator is available to professional fish harvesters taking time off from fishing activity. Casual substitute operator privileges are not available in all fisheries (See 11 C).

1. Requests must be submitted in writing
2. No supporting documentation (i.e. medical note) is required
3. Maximum of 120 days annually; these days do not have to be consecutive
4. Available to Independent Core, Professional Level I and Level II licence holders; Apprentice licence holders are not eligible.

11.12 Extended substitute operator is available when circumstances beyond the control of the licence holder prevent them from fishing their enterprise. All requests must be made in writing to DFO, and must include the proper documentation:

1. Available to any professional fish harvester (Independent Core, Level I, Level II, and apprentice licence holders)
2. Requests must be submitted in writing and accompanied by documentation
3. In the case of a request for a substitute operator for medical reasons, documentation must include a medical treatment certificate from a medical doctor
4. Substitute operator designation for medical reasons may not exceed a total period of five (5) years. Medical documentation is required with each request

11.13 Estate substitute operator may be used by the estate for the continued operation of an enterprise upon the death of the licence holder. This may occur for a maximum of five (5) years. See Section 13 for more information.

C. Substitute Operator in species-specific fisheries

11.14 Eel (Commercial)

1. For medical reasons only
2. Consideration will be given to other types of substitute operator privileges, where the substitute operator has a historical attachment to the eel enterprise

11.15 Emerging fisheries

1. For medical reasons only

11.16 NAFO Divisions 2J3KLPs Groundfish

1. For medical reasons only
2. Substitute operator must be in place for a minimum of 30 days, with the exception of estates and shore skippers

11.17 NAFO Divisions 4R3Pn commercial cod

1. For medical reasons only
2. See the Buddy-up Section 16 for related policy

11.18 Seals

1. For medical reasons only and for the Large Vessel Fleet (maximum 19.8m (64’11”) LOA ) only.
2. Substitute operator or a crewmember must hold a valid professional or assistant seal licence
3. The substitute operator does not have to be registered with the Professional Fish Harvesters Certification Board

11.19 Snow crab (NAFO Divisions 2J3KLP4R)

1. Substitute operators are not permitted while fish harvesters are in a buddy-up arrangement

D. Substitute Operator during vessel leasing

11.20 Substitute operators will only be permitted when a vessel is leased under the following conditions:

1. when the use of a substitute operator was previously approved, in place and the licence holder’s disabled vessel was fished and had verified landings within the 30 days prior to the lease request; or
2. in the case of Northern and Gulf shrimp, when the use of a substitute operator was approved, in place and the licence holder’s disabled vessel was fished and had verified “shrimp” landings within the 30 days prior to the lease request; or
3. when the licence holder becomes ill during the term of a previously approved lease, at which time the licence holder must have fished personally and had verified landings on the leased vessel within the 30 days prior to the substitute operator request (medical documentation will be required); or
4. in the case of Northern and Gulf shrimp, when the licence holder becomes ill during the term of a lease, at which time the licence holder must have fished personally and had verified “shrimp” landings on the leased vessel within the 30 days prior to the substitute operator request (medical documentation will be required);
5. the licence holder is approved as a “shore skipper”.

12. Licence reissuance

A. General licence reissuance

12.1 Current legislation (subsection 16(1), Fishery (General) Regulations) provides that licences are not transferable. However, the Minister in "his absolute discretion" may for administrative efficiency prescribe in policy those conditions or requirements under which a licence may be issued to a new licence holder as a "replacement" for a licence that is being relinquished. The Commercial Fisheries Licensing Policy for Eastern Canada (sec 9.1(2)) provides the Licence Holder with the privilege to make a request to reissue a licence to a specific harvester, subject to eligibility requirements (Reissuance).

12.2 a. Reissuance is permitted between*:

1. Independent Core to Independent Core;
2. Non-core Professional Level I or Professional Level II to Independent Core (apprentice licences are not eligible for reissuance);
3. Independent Core to Professional Level II as part of a complete Core enterprise (Professional Level II fish harvester must be independent)
4. Independent Core to Indigenous Organization as outlined in Part 4 of this policy.

*Species Specific Licence Reissuance subsections 12.14 to 12.38 must be consulted for details and exceptions.

12.2 b. The recipient of a species specific licence reissuance must have a homeport based in, or be a resident of (See Section 5) the fishing area of the licence. In the case of groundfish, must have a homeport based in, or be a resident of the NAFO Division of the licence. Proof of residency as outlined in Sections 6 and 7 will apply. There is an exception for 3Ps where Groundfish licences and associated validations may not be reissued from NAFO sub-Division 3Ps to any other NAFO Division (see 12.16 a. ii for details).

12.3 Subject to Subsection 12.2, a “replacement” licence or a complete enterprise and suite of licences may be reissued, upon request by the current licence holder, to a recipient recommended by the current licence holder, pending the recipient’s eligibility. In most circumstances, an individual may not hold more than one licence for the same species in the inshore fishing sector.

12.4 A Relinquishment of Fishing Privileges form must be completed and the signatures of the fish harvesters involved must be witnessed by a DFO licensing officer. In extenuating circumstances, signatures can be witnessed by a Justice of the Peace or a Commissioner for Oaths.

12.5 Licences can only be re-issued in fisheries for which no new licences are available, or if specified in a particular Integrated Fisheries Management Plan. Licence reissuance where new licences are available can occur only with a complete enterprise reissuance.

12.6 Species-specific licences and/or registrations may be reissued through an intergenerational reissuance where the eligible recipient has fished with that enterprise for the preceding five (5) years and lives in the same fishing area or a fishing area adjacent to the homeport/residence of the enterprise. All other reissuance criteria will apply. This specific reissuance criterion does not apply where other provisions have been made in policy to accommodate intergenerational reissuance. Intergenerational is defined as from a parent or legal step-parent to an eligible child, which may include son-in-law or daughter-in-law.

12.7 Nothing in this policy, except residency requirements, precludes the issuance of a licence to an Aboriginal Organization as a replacement licence.

12.8 A licence may only be re-issued once in a 12 month period to an eligible fish harvester who has not held the species-specific licence within the last 12 months. For enterprise reissuance, see Subsection 12.39 and 12.47.

12.9 Two Independent Core fish harvesters licensed for the same species, where the licence conditions are different, and providing they have held the licences for 12 months, may apply to exchange (swap) licences. Subsection 12.8 is in effect for both fish harvesters upon completion of the swap

12.10 The reissuance of inshore licences and enterprises between DFO Regions is not permitted.

12.11 Vessel sale is not a requirement for a licence reissuance.

B. Species specific licence reissuance

12.12 Arctic char

1. Reissuance is not permitted.

12.13 Bait

1. Only as part of a complete enterprise reissuance.

12.14 Capelin

1. Subsection 12.2 applies for both fixed gear and purse seine licences.
2. Purse seine licences may only be reissued to an eligible enterprise in the Large vessel fleet (maximum 64’11” vessel eligibility) or the Extra Large vessel fleet (maximum 89’11”). In an enterprise swap, the purse seine licence must remain with the enterprise in the Large vessel fleet or the Extra Large vessel fleet.
3. Fixed gear licences may be reissued to either fleet sectors.
4. Recipient may only have a licence valid for one gear type (fixed gear or purse seine).

12.15 Eel

1. Subsection 12.2 applies.
2. A non-Core fish harvester (Professional Level I, Level I, or Apprentice) may re-issue a commercial Eel licence to an Independent Core fish harvester, but only as part of an intergenerational reissuance.
3. A non-Core (non-Professional not registered as Professional Level I, Level II, or Apprentice with the Professional Fish Harvesters Certification Board) eel licence may not be reissued under any circumstance.

12.16 Groundfish

1. General
   1. Subsection 12.2 applies to the Reissuance of Core groundfish licences and associated validations.
   2. Core groundfish licences, must have a homeport based in, or be a resident of, the NAFO Division of the licence, with the exception of NAFO sub-division 3Ps where Groundfish licences and associated validations may not be reissued from NAFO sub-Division 3Ps to any other NAFO Division. Proof of residency as outlined in Sections 6 and 7 will apply.
   3. Non-Core groundfish licences are not eligible for reissuance.
   4. Non-Core groundfish licences will remain Non-Core, even when a Non-Core licence holder (i.e. Level II) receives a Core or Independent Core enterprise that does not have a groundfish licence.
   5. When a Level II fish harvester with a non-Core groundfish licence acquires a Core enterprise with groundfish, the non-Core groundfish licence is cancelled immediately.
2. Cod Handline
   1. Subsection 12.2 applies.
   2. Recipient must have a homeport in that part of NAFO Division 3L, defined as Petty Harbour to Maddox Cove.
   3. A cod handline licence holder within this defined area may relinquish the cod handline licence and acquire a Core groundfish licence through Reissuance.
3. Lumpfish validations
   1. Subsection 12.2 applies.
   2. May only be re-issued to groundfish licence holders of the same groundfish quota area.
   3. May only be reissued to an enterprise in the Small vessel fleet regardless of the vessel eligibility of the current licence holder.  
   4. With the exception of those held by apprentices, non-Core Lumpfish validations may be reissued to an Independent Core fish harvester. The associated non-Core groundfish licence is cancelled immediately.
   5. A non-Core lumpfish validation may be retained by a fish harvester who acquires a complete Core enterprise with a groundfish licence without a Lumpfish validation. The associated non-Core groundfish licence is cancelled immediately.
4. Sector management overlap privileges
1. Overlaps cannot be reissued; with the exception of intergenerational reissuance and the exception for Fishing Area 10 in 12.16 e. below.
2. For the purpose of licensing, all groundfish mobile gear (otter trawl) enterprises in Western NL and Southern Labrador are considered either NAFO sub-Division 3Pn-based or NAFO Division 4R-based. A 4R groundfish mobile gear (otter trawl) enterprise reissued to a 3Pn enterprise will be recognized as a NAFO Division 4R-based licence, and vice versa. These same provisions exist for all Danish Seine enterprises in NAFO Division 4R.
3. Validations for Sub-Area 0B on a NAFO Divisions 2+3KLPs groundfish licences may be reissued from one groundfish licence holder to another groundfish licence holder under the following conditions:
   1. Independent Core to Independent Core;
   2. between groundfish licence holders in NAFO Divisions 2+3KLPs, with the same vessel eligibility.
   3. to Nunavut Wildlife Management Board or other Nunavut interests;
   4. Reissuance of the groundfish licence and the vessel replacement eligibility is not required.
5. NAFO sub-Division 3Ps overlap privileges
   1. Residents of Fishing Area 9 with a Fishing Area 10 overlap may re-issue the groundfish licence including Fishing Area 10 overlap, provided that the recipient has a homeport in Fishing Area 9, or as part of an intergenerational reissuance
   2. NAFO Divisions 2J3KL fish harvesters who receive the reissuance of a groundfish licence with a NAFO sub-Division 3Ps historical or authorized overlap will lose the overlap. The exceptions are those groundfish licences reissued as part of an intergenerational transfer.
6. Mobile gear validation
   1. Subsection 12.2 applies.
   2. Where groundfish licence holders hold both fixed gear and mobile gear validations, the mobile gear validation can be re-issued under the following conditions:
1. Independent Core to Independent Core;
2. Between groundfish licence holders in the 12.2m (40’) LOA or greater fleet. This does not require the reissuance of the groundfish licence. In cases where the recipient has a different quota area, the mobile gear validation will only be valid for the quota area of the groundfish licence it was being reissued from.

12.17 Herring

1. Subsection 12.2 applies to fixed gear and purse seine licences.
2. Purse seine licences may only be reissued to an eligible enterprise in the Large vessel fleet (maximum 64’11” vessel eligibility) or the Extra Large vessel fleet (maximum 89’11”). In an enterprise swap, the purse seine licence must remain with the enterprise in the Large vessel fleet or the Extra Large vessel fleet.
3. Fixed gear licences may be reissued to either fleet sectors.
4. Licence holders based in Herring Fishing Areas 1 and 2 are eligible for the reissuance of a Herring purse seine licence that is valid for Fishing Areas 3 – 8.
5. Recipient may only have a licence for one gear type (fixed gear or purse seine).

12.18 Lobster

1. Subsection 12.2 applies.
2. Licence holders in Trout River in LFA 14A with a licence valid for Lobster Fishing Area 13B may reissue to:
   1. a resident of LFA 13B; or
   2. a resident of Trout River who wishes to fish LFA 13B and who was a crew member on that enterprise in the recent past; or
   3. an elligible fish harvester who is a resident of Trout River, as part of an intergenerational reissuance.

12.19 Mackerel

1. Subsection 12.2 applies to fixed gear and purse seine licences.
2. Purse seine licences may only be reissued to an eligible enterprise in the Large vessel fleet (maximum 64’11” vessel eligibility) or the Extra Large vessel fleet (maximum 89’11”). In an enterprise swap, the purse seine licence must remain with the enterprise in the Large vessel fleet or the Extra Large vessel fleet.
3. Fixed gear licences may not be reissued to either fleet sectors. 
4. Recipient may only have a licence valid for one gear type (fixed gear or purse seine) .

12.20 Rock crab

1. Subsection 12.2 applies.

12.21 Salmon

1. reissuance is not permitted under any circumstance.

12.22 Scallop

1. Subsection 12.2 applies.
2. Licences must remain in the same Inshore subfleet from which they are being reissued. The only exception is Area 13, where licences may be reissued to an eligible enterprise in any Inshore subfleet, providing all other management requirements are met.
3. Licences with NAFO sub-Division 3Ps Core Zone authorizations may only be reissued to residents of NAFO sub-Division 3Ps or (for those licences held by NAFO Division 3L-based enterprises) as part of an intergenerational reissuance of a complete Core enterprise.
4. For those licences held by NAFO Division 3L-based enterprises, the NAFO sub-Division 3Ps Core Zone authorizations may only be reissued to a 3L harvester as part of an intergenerational reissuance of a complete Core enterprise.
5. NAFO sub-Division 3Ps Core Zone authorizations are eligible for reissuance separate from a 3Ps scallop licence. The authorization can be reissued to scallop licence holders in 3Ps, but must remain in the same fleet.

12.23 Sea cucumber

1. Subsection 12.2 applies to commercial licences only; emerging or exploratory licences are not eligible for Reissuance.

12.24 Sea urchins

1. Subsection 12.2 applies, with the exception that the recipient must be a resident of, or have a homeport in (as per Section 5) the NAFO Division of the licence.

12.25 Seal

1. reissuance is not permitted.

12.26 Shark

1. reissuance is not permitted.

12.27 Shrimp (Gulf)

1. Subsection 12.2 applies.
2. Applicant must be the holder of a groundfish mobile gear (otter trawl) licence.
3. Licence holders holding both a Gulf shrimp and Northern shrimp licence are not permitted to split these licences in a re-issuance. Applicant must be a resident of the NAFO Division 4R or sub-Division 3Pn and have a vessel eligibility in the Large vessel fleet with a maximum of 19.8m (64’11”) LOA or in the Extra Large vessel fleet with a maximum of 27.4m (89’11”) LOA.

12.28 Shrimp (Northern)

1. Subsection 12.2 applies.
2. Reissuance is permitted within NAFO Divisions (i.e. 4R, 3L, 3K, 2J).
3. c. Applicant must have a vessel eligibility in the Large vessel fleet with a maximum of 19.8m (64’11”) LOA ) or in the Extra Large vessel fleet with a maximum of 27.4m (89’11”) LOA ) .
4. Northern shrimp licences held by NAFO Division 4R-based licence holder can only be re-issued to another licence holder who is a resident of a community north of the 50º 30’ line.
5. SFA 4 Northern shrimp licences may be reissued to an eligible 3L Independent Core licence holder who does not currently hold a Northern shrimp licence. All other provisions of the reissuance policy apply. Reissuance of SFA 4 Northern Shrimp licences to individuals or entities in NAFO Division 2GHJ may be considered.

12.29 Shrimp (beam trawl)

1. Subsection 12.2 applies to reissuance in NAFO sub-Division 3Ps.
2. NAFO sub-Division 3Ps-based shrimp beam trawl licences may be reissued from the Small vessel fleet with a maximum 15.2m (49’11”) LOA to any Inshore subfleet.
3. Reissuance is not permitted in NAFO Division 3KL

12.30 Smelt

1. Reissuance is not permitted.

12.31 Snow crab

1. NAFO Divisions 2J3KLPs Supplementary fleet, NAFO Divisions 2J3KL Full-time fleet, and NAFO Division 4R3Pn Inshore Commercial (Outside 8 Mile Zone) Fleet and Crab Fishing Area (CFA) 13:
   1. Subsection 12.2 applies.
   2. Snow crab licences held by NAFO Division 4R3Pn-based licence holders, valid for the Outside 8 Mile Zone. These licences can be reissued to Independent Core licence holders who are residents of NAFO Division 4R3Pn and hold a valid fixed gear groundfish licence from the Large vessel fleet with a vessel eligibility maximum of 19.8m (64’11”) LOA)  or from the Extra Large vessel fleet with a maximum of 27.4m (89’11”) LOA) ;mobile gear groundfish licences are not eligible.
   3. In NAFO Division 2J, the applicant must be a resident of the Area for three (3) years and be in the Large vessel fleet with a vessel eligibility maximum of 19.8m (64’11”) LOA)  or the Extra Large vessel fleet with a maximum of 27.4m (89’11”) LOA) .
   4. For 3L small supplementary licence holders, only a St Mary’s Bay (SMB)-based Level II individual may receive the reissuance of a St. Mary’s Bay small supplementary enterprise and maintain the Option 2 SMB individual quota. A 3L-based (outside St. Mary’s Bay) Level II may be reissued an Option 2 SMB enterprise; however, it will be converted to the regular Option 2.
      
      Note: A non-St. Mary’s Bay-based licence holder may maintain the Option 2 SMB providing the licence shares in sub-area 8B (SMB) are below the historical 28.
   
   
2. Inshore Snow crab (Small vessel fleet):
   1. Subsection 12.2 applies.
   2. The applicant must have a commercial fishing vessel eligibility maximum of 15.2m (49’11”)(40’) LOA.
   3. Inshore Snow crab licences cannot be re-issued to a Harvester with a homeport in another Crab Fishing Area, with the exception of Crab Fishing Areas 6C (Eastern Avalon) and 8A (Southern Shore). 6C and 8A licences may be reissued to an eligible Harvester with a homeport in either 6C or 8A as part of a complete Core enterprise re-issuance or as a licence swap as per section 12.9.

12.32 Squid

1. reissuance of fixed gear licences not permitted, except in a complete Core enterprise reissuance.

12.33 Swordfish

1. Subsection 12.2 applies.
2. reissuance between DFO Regions and within the same vessel replacement eligibility is permitted, subject to consultation with the appropriate Region.

12.34 Toad crab

1. Subsection 12.2 applies.

12.35 Trout (Labrador)

1. reissuance is not permitted.

12.36 Bluefin tuna – Rotational, Permanent Half and Atlantic-wide

1. Subsection 12.2 (licence reissuance) applies.
2. Reissuance may only be reissued to an eligible harvester with the same vessel eligibility as the current licence holder.
3. Reissuance of a rotational tuna licence means the reissuance of the eligibility position. Rotational tuna licences valid for 3KLNOPs (Homewaters) may only be reissued to an eligible Independent Core fish harvester with a homeport in the area of the licence NAFO Division 3K or 3L or sub-Division 3Ps).
4. Permanent licences valid for NAFO sub-Divisions 3LNOPs may only be reissued to an eligible licence holder with a homeport in the area of the licence (NAFO Division 3L and sub-Division 3Ps).
5. The Newfoundland and Labrador-based Atlantic-wide tuna licences may be reissued to an eligible Independent Core fish harvester within the Newfoundland and Labrador Region. While these are Atlantic-wide licences, they may not be reissued outside of the Region.
6. Registered commercial fish harvesters may not hold a Rotational, Permanent Half or Atlantic-wide commercial Bluefin tuna licence and a Rod and Reel licence concurrently.

12.37 Bluefin tuna – Rod & Reel Commercial Charter

1. The Rod and Reel Bluefin tuna commercial charter licences may be reissued to individual residents of the Newfoundland and Labrador Region, who are 18 years of age or older. These licences cannot be reissued as Rotational, Permanent Half or Atlantic-Wide Bluefin tuna commercial licences or for use with any gear type other than angling gear (rod and reel).
2. Effective June 1, 2025, Rod and Reel Bluefin tuna commercial charter licence holders must be certified as a Level I or Level II Professional Fish Harvester through the Professional Fish Harvesters Certification Board (PFHCB) or provide written proof of successful completion of an appropriate basic inshore Marine Emergency Duties Training course (minimum of MED A3 or Small Non- Pleasure Domestic Vessel Basic Safety SDV-BS) with valid certification and Transport Canada approved training in the following areas: collision regulation, basic chart work, general seamanship, radio operators and basic first aid.
3. Section 1 (Registration of Fish Harvesters) Fisher Registration Card requirements applies to Rod and Reel Bluefin tuna commercial charter licence holders, crew members and all persons that are on board the vessel while fishing activity is taking place.
4. Subsection 12.2 (Licence Reissuance) requirements for Independent Core status does not apply to the reissuance of Rod and Reel Bluefin tuna commercial charter licence.
5. Section 11 (Use of Substitute Operators) applies to Rod and Reel Bluefin tuna commercial charter licences. During the transition period up to June 1, 2025 Rod and Reel Bluefin tuna commercial charter licence holders may be onboard with a DFO approved Substitute Operator.
6. Section 13 (Estate Policy)- applies to Rod and Reel Bluefin tuna commercial charter licence holders.
7. Section 14 (Vessel Registration) applies to Rod and Reel Bluefin tuna commercial charter licences. Licence holders may register an appropriate sized vessel for the charter activity, or register a vessel with an active DFO vessel registration number (VRN). All vessels used under a Rod and Reel Bluefin tuna commercial charter licence shall be registered with Transport Canada and must participate in the Small Vessel Compliance Program where applicable. See section 14 G. for further details.
8. Registered commercial fish harvesters may not hold a Rotational, Permanent Half or Atlantic -Wide commercial Bluefin tuna licence and a Rod and Reel licence concurrently.

12.38 Whelk

1. Subsection 12.2 applies to whelk licenses based in NAFO Divisions 2J3KL, 4R3Pn, and NAFO sub-Division 3Ps.
2. Licences may only be reissued to an eligible licence holder with the same vessel eligibility as the current licence holder.

C. Reissuance of Core enterprise

12.39 Fish harvesters must be designated as a Level II Professional fish harvester by the Professional Fish Harvesters Certification Board (PFHCB) and have a valid certification in order to qualify to receive the reissuance of a Core enterprise. Recipients who meet the criteria will receive Independent Core status upon completion of the reissuance.

12.40 Core enterprise being reissued must include at least one key licence valid for the area.

12.41 Fish harvesters must meet current eligibility requirements including a valid Professional Level II certification issued by the Professional Fish Harvesters Certification Board (PFHCB) in order to qualify to receive the reissuance of a Core enterprise. Recipients who meet the criteria will receive Independent Core status upon completion of the reissuance.

12.42 Non-Core enterprises are not eligible for reissuance; neither are groundfish licences associated with non-Core or Core enterprises. Most individual licences associated with a non-core enterprise may be eligible for reissuance. Please consult DFO to determine eligibility.

12.43 The reissuance of some Core enterprises may result in the cancellation of some licences that are no longer valid for the fishing area.

12.44 A fish harvester who reissues his/her Core enterprise retains their Professional Level II classification, but will immediately lose all limited entry licences and vessel registrations, subject to the licence retention periods referred to in Combining, Divestiture and Reissuing transactions, sections 18.

12.45 A fish harvester who relinquishes an enterprise cannot receive the reissuance of another Core enterprise for a 12-month period (known as the 12-month rule) unless it is part of the same transaction and is processed on the same day.

12.46 A reissuance between a fish harvester with a less than 12.2m (40’) LOA enterprise with another 12.2m (40’) LOA or greater enterprise will include all licences and vessel registration. This would be known as an enterprise “swap”. Section 12.45 applies prior to and following the “swap.”

12.47 Enterprise owners in one fishing sector may not retain licences from another fishing sector. Exceptions are outlined in Section 13.B.

13. Death of a licence holder

A. Estate Policy (general)

13.1 Licences may not be bequeathed; however, the individual authorized to act on behalf of the estate may apply for a replacement licence upon the death of a licence holder.

13.2 Where no legal Will exists, the Department will require a Letter of Administration indicating the person(s) handling the affairs of the estate. This must be provided before any transaction regarding licences and/or vessel (s) can take place.

13.3 It is not within the Department’s mandate or responsibility to determine whether a fish harvester’s Will is valid or was made in accordance with the applicable provincial provisions. The Wills Act does not require that a will be probated if it has been signed by the fish harvester and witnessed by two parties. However, the Department can request that the will be probated.

13.4 Where an estate is eligible to be reissued, the application to reissue must occur prior to December 31 of the fifth year of death. See Section 13.B for details on non-reissuable licences.

13.5 Licences and vessel registrations must be continuously renewed (fees paid) during the five-year estate period in order to remain valid.

13.6 Independent core applies to Estates for the purposes of renewing licences, requesting substitute operators or licence reissuance where eligible and the application of the Inshore Regulations. However, it does not apply for receiving new or replacement licences, or to acquire fishing entitlements through enterprise combining.

13.7 Where applicable, and with the Department’s approval, only the legally appointed executor or legal administrator of the estate may:

1. designate an eligible substitute operator for up to five (5) years from the year of death
2. request a permanent transaction (reissuance or enterprise combining) to an eligible fish harvester

B. Estate Policy (specific)

Where applicable, General Estate Policy provisions also apply.

13.8 Independent Core fish harvester’s estate:

1. Eligible to designate a substitute operator for up to five (5) years from the year of death;
2. May reissue all eligible licences as per the reissuance policy;
3. Non-core groundfish licences are not eligible for reissuance. They may be renewed and fished by a substitute operator up to December 31 of the year of death;
4. Non-core groundfish licences licence will be cancelled on December 31 of the year of death, with no provision for renewal in subsequent years.

13.9 Non-core (Professional Level I or II) fish harvester’s estate:

1. Eligible to designate an operator for up to five (5) years from the year of death;
2. May reissue all eligible licences as per the reissuance policy;
3. Non-core groundfish licences are not eligible for reissuance. They may be renewed and fished by a substitute operator up to December 31 of the year of death;
4. Non-core groundfish licences licence will be cancelled on December 31 of the year of death, with no provision for renewal in subsequent years.

13.10 Non-Core (non-professional and apprentice estates) fish harvester’s estate :

1. Licences may be renewed and fished by a substitute operator in the year of death;
2. All licences will be cancelled on December 31 of the year of death, with no provision for renewal in subsequent years.

14. Commercial fishing vessel registrations

A. General guidelines

14.1 Unless provided otherwise in the Atlantic Fishery Regulations, 1985 or the Marine Mammal Regulations, every vessel used in a commercial fishery must be registered in the name of the licence holder using the vessel or for whom the vessel is being used as per AFR section 13(1).

14.2 A vessel may only be registered in the name of one licence holder at a given time.  A vessel may be registered to a licence holder upon completion and approval of an application and the payment of required fee.

14.3 A licence holder is not required to own the vessel he/she registers and operates under a licence.

14.4 Licence holders must renew their vessel registration(s) annually by December 31 each calendar year or they will be cancelled.

14.5 When a new commercial fishing vessel is first registered, a new Vessel Registration Number (VRN) is required. This number will remain with the vessel, regardless of the registered operator.

14.6 Vessel registrations may only be issued to individuals who hold at least one commercial licence that requires the use of a vessel.

14.7 Only Canadian vessels as defined by Transport Canada may be registered. Vessel owner/operators are responsible for ensuring their vessel meets all Transport Canada requirements. A Transport Canada Official Number is required when registering a vessel with DFO.

14.8 The licence holder is responsible to ensure that the vessel he/she intends to register is within the vessel eligibility length of their enterprise. Before purchasing a fishing vessel, the licence holder should confirm their vessel replacement eligibility with DFO.

14.9 Upon request, an applicant must present the Department with the particulars on the vessel(s) and advise the Department within 15 days when changes in ownership or vessel characteristics occur.

B. Fleet eligibility rules

14.10 The Newfoundland and Labrador Region inshore sector has three specific sub-fleets identified by vessel length. All enterprises were assigned to a fleet based on the registered vessel and suite of licences that were held as of April 12, 2007 when the Vessel Replacement Policy was implemented for the Newfoundland and Labrador Region. Any enterprise that had a registered vessel less than 35’ was assigned to the less than 40’ fleet, any enterprise that had a registered vessel greater than 35’ was assigned to the greater than 40’ fleet. Effective January 2023, the Core enterprise vessel length barrier for the Small vessel fleet was increased from <40’ to <50’.

The harvester’s primary vessel is the largest vessel registered within their vessel eligibility:

1. Maximum 15.2m (49’11”) LOA fleet (Small Vessel Fleet): Core enterprise owners are permitted to register a vessel up to a maximum of 15.2m (49’11”) LOA , as their primary vessel. This is the baseline vessel eligibility for any Core enterprise. For details on your enterprise’s specific Vessel Eligibility contact Regional Licensing. 
2. Maximum 19.8m (64’11”) LOA fleet (Large Vessel Fleet): Core enterprise owners are permitted to register a vessel up to a maximum of 19.8m (64’11”) LOA , as their primary vessel providing the enterprise holds any one or a combination of the following licences:
1. Groundfish -historically from the greater than 40’ fleet
2. Snow Crab Small Supplementary or Large Supplementary
3. Small Pelagic Purse seine



Only one vessel 12.2m (40’) LOA or greater is permitted. For details on your enterprise’s specific Vessel Eligibility contact Regional Licensing.

3. Maximum 27.4m (89’11”) LOA fleet (Extra Large Vessel Fleet): Core enterprise owners who held maximum vessel eligibility between 10.6m (35’) – 19.8m (64’11”) LOA prior to April 12, 2007 permitted to register a vessel up to a maximum of 27.4m (89’11”) LOA, as their primary vessel, providing they are in the following fleets:
   1. NAFO Divisions 2J3KL full-time Snow crab;
   2. NAFO Divisions 2J3K supplementary and the NAFO Division 3L large supplementary Snow crab;
   3. NAFO Division 3L small supplementary Snow crab licence holders who also hold a Northern shrimp licence;
   4. NAFO Division 4R Northern and Gulf shrimp fleets;
   5. Northern shrimp licence holders who do not hold a Snow crab licence.

14.11

1. Eligibility to register a vessel in the Large vessel fleet with a maximum of 19.8m (64’11”) LOA  is directly tied to the licences outlined in  Subsection 14.10 (b). Reissuance of all these licences from an enterprise will result in the loss of the 19.8 (64’11”) LOA vessel eligibility and the enterprise would revert to the baseline vessel eligibility maximum of 15.2 (49’11”) LOA) .
2. Eligibility to register a vessel in the Extra Large vessel fleet with a maximum of 27.4m (89’11”) LOA is directly tied to the licences outline in Subsection 14.10(c) Reissuance of these licences from an enterprise will result in the loss of the 27.4 (89’11”) LOA vessel eligibility.

14.12 Eligible licence holders who opt to acquire a vessel 19.8m (65’) – 27.4m (89’11”) LOA will move to the Extra Large vessel fleet but will remain inshore licence holders, and will continue to operate on the basis of inshore licensing policies applicable to licence holders operating vessels in the Large vessel Fleet with a maximum of 19.8m (64’11”) LOA, including the Inshore Regulations and Fleet Separation and Owner-Operator Policies.

C. Secondary vessels

14.13 Core enterprises may register two secondary vessels in addition to their primary vessel registration, to a maximum of three vessels per enterprise.

14.14 Core enterprises with more than three vessels registrations as of April 12, 2007, are grandfathered. Registrations removed or not renewed and/or Enterprise transfer/re-issuance will result in cancellation of the grandfathering provision.

14.15 Secondary vessels may be up to a maximum 8.5m (28’) LOA for the first vessel, and up to a maximum 6.1m (20’) LOA for the second.

D. Non-Core vessel rules

14.16 Non-Core enterprises with a primary vessel less than 7.6m (25’) LOA may replace it with a vessel up to a maximum of 8.5m (28’) LOA.

14.17 Non-Core enterprises with a primary vessel between 8.84m (29’) – 19.8m (64’11”) LOA may replace it on a foot-per-foot basis.

14.18 Non-Core enterprises may register a secondary vessel up to 8.5m (28’) LOA.

E. Duration of vessel registration

14.19 The 12-Month Vessel Registration Rule applies to vessels registered to enterprises in the Large vessel fleet with a vessel eligibility maximum of 19.8m (64’11”) LOA or the Extra Large vessel fleet with a vessel eligibility maximum of 27.4m (89’11”) LOA.

1. A primary vessel may be replaced providing the licence holder has had it registered for a minimum of 12 months;
2. Once a primary vessel is replaced, a licence holder is not permitted to replace it and/or register another primary vessel for a period of 12 months.
3. A primary vessel may be removed and registered to another licence holder during the 12-month period; however:
   1. the licence holder who removes it cannot register a different primary vessel for the balance of the 12 months;
   2. the licence holder who removes the vessel cannot re-register the same primary vessel until 12 months from the date it was removed.
4. The 12-month rule does not apply in the case of a complete enterprise Reissuance.
5. The 12-month rule applies to all vessels registered to the enterprise, including secondary vessels.

14.20 The Calendar Vessel Registration Rule applies to vessels registered to enterprises in the Small vessel fleet with a vessel eligibility maximum  15.2m (49’11”)for NAFO for Divisions 2+3KLPs

1. Licence holders may not remove and/or register another vessel for the remainder of the calendar year if either vessel has reported landings in the current year.
2. The Calendar Rule does not apply in NAFO Divisions 4R and 3Pn; licence holders are permitted to register or replace a vessel with a maximum 15.2m (49’11”) LOA with no restrictions on the timeframe.
3. The Calendar Rule does not apply in the case of a complete enterprise Reissuance.
4. The Calendar Rule applies to all vessels registered to the enterprise, including secondary vessels.

F. Vessel measurement

14.21 The criteria for acceptable vessel measurement can vary by DFO Region and by their respective fisheries. Licence holders considering acquiring a vessel from another DFO Region should first consult with Newfoundland and Labrador DFO officials to confirm the vessel in question meets the Newfoundland and Labrador Region’s requirements for vessel replacement eligibility.

14.22 An acceptable measurement/survey of all vessels 9.1m (30’) length overall and greater is mandatory prior to the approval of a vessel registration. This measurement must be completed by a marine surveyor or naval architect, and must comply with the definition of length overall.

14.23 When a vessel is being registered by a different licence holder, a measurement certificate must be submitted to the Department by the licence holder, at their expense. This measurement must have been completed by a marine surveyor, naval architect, or a recognized shipbuilder within the past five (5) years, or since the vessel was last modified, whichever is most recent.

G. Species-specific vessel registration rules

14.24 Capelin

1. Any vessel participating in any Capelin fishery may only be used by one harvester in one fleet (either the mobile or fixed gear) annually.
2. Any vessel participating in the fixed gear Capelin fishery may only be used in one Capelin Quota Management Unit each year. A Capelin Quota Management Unit is the capelin sub-division to which a capelin quota is assigned and from which a fixed gear capelin licence holder is authorized to fish.
3. Any vessel participating in the mobile gear Capelin fishery may only be used in one Management Area (eg. 4RST or 2J3KLPs) each year.

14.25 Mackerel

1. Purse seine licence holders will be limited to registering a vessel from the Management Area of their licence only (eg. NAFO Divisions 2J3KLPs or 4R3Pn).
2. Fixed gear licence holders in NAFO Division 4R will be limited to registering a vessel from the Fishing Area of their residency port.
3. Fixed gear licence holder in NAFO Division 2J3KLP will be restricted to registering a vessel from the NAFO Division of their homeport.

14.26 Snow crab

1. In NAFO Division 3K, fish harvesters with a vessel eligibility for the Large Vessel Fleet (max 19.8m (64’11”) LOA) and an inshore crab licence may use the full vessel eligibility when fishing Snow crab.
2. In NAFO Divisions 3L and 3Ps Area 10 only, fish harvesters with a vessel eligibility for the Large Vessel Fleet (max 19.8m (64’11”) LOA) and an inshore crab licence are limited to a vessel up to a maximum of 16.7m (54’11”) LOA when fishing Snow crab.
3. In Crab Fishing Area 12:
   1. inshore Snow crab licence holders are limited to vessel registrations of maximum 15.2m (49’11”) length overall;
   2. Outside 8 Mile Zone licence holders are limited to vessel registrations of maximum 19.8m (64’11”) length overall;
   3. licence holders with Outside 8 Mile Zone Snow crab AND a Northern shrimp licence are limited to vessel registration of maximum 27.4m (89’11”) length overall.
   4. Specific licence holders in Crab Fishing Area 13 (that portion of NAFO Division 4R, north of Table Point) will be limited to vessel registrations of maximum 19.8m (64’11”) length overall.
4. Specific licence holders in Crab Fishing Area 13 (that portion of NAFO Division 4R, north of Table Point) will be limited to vessel registrations of less than 19.8m (65’) length overall.

14.27 Seal

1. All vessels participating in the commercial Seal fishery must have an identification number that is clearly visible on their vessel, as per the Fishery (General) Regulations, section 26(2).
2. Only DFO registered vessels with a vessel registration number (VRN) or sealing vessel registration number (SVRN) may be used.
3. Vessel measurements are not required to obtain an seal vessel registration number.
4. The registered operator of the vessel must hold a valid professional commercial seal licence. All individuals on board must hold either a valid professional, assistant or temporary assistant seal licence.
5. Professional sealers operating a sealing vessel less than 10.668m (35’) LOA must register the vessel for sealing purposes and acquire a seal vessel registration number (SVRN), unless the vessel currently has an active vessel registration number (VRN).
6. A vessel 10.668m (35’) length overall and greater may only be used in the commercial seal fishery if it has an active vessel registration number (VRN) and is registered to a professional commercial seal licence holder. Seal vessel registration numbers (SVRN) will not be issued to vessels 10.668m (35’) length overall and greater.
7. Vessels 19.8 m (65’) length overall and greater are not permitted to be used in the commercial Seal fishery.

14.28 Bluefin Tuna Commercial Charter

1. All vessels participating in the Bluefin tuna commercial charter fishery must have the identification number clearly visible on their vessel, as per subsection 26(2) of the Fishery (General) Regulations.
2. Only DFO registered vessels with a vessel registration number (VRN) may be used.
3. All vessels used under a Rod and Reel Bluefin tuna commercial charter licence must be appropriately registered with Transport Canada and must participate in the Small Vessel Compliance Program where applicable.
4. For Bluefin tuna commercial charter vessels that carry passengers, the appropriate Transport Canada (TC) certification is mandatory prior to the approval of a DFO vessel registration. TC defines passengers generally as anyone who pays for a trip on a vessel.
5. The registered operator of the vessel must hold a valid Rod and Reel Bluefin tuna commercial charter licence or be a DFO authorized Substitute Operator.
6. Vessel lengths as specified under subsection 14.10 (b) (fleet eligibility rules) do not apply to Rod and Reel Bluefin tuna commercial charter licence holders.

15. Vessel leasing

15.1 Available to licence holders in the Small Vessel fleet with vessel eligibility maximum of 15.2m ( 49’11”) LOA in NAFO Divisions 2J3KLPs, and the Large vessel fleet with vessel eligibility maximum 19.8m (64’11”)LOA or the Extra Large vessel fleet with vessel eligibility maximum 27.4m (89’11”)LOA in NAFO Divisions 2J3KLPs and 4R3Pn.

15.2 Available to licence holders who are unable to use the vessel registered on their licence for reasons beyond their immediate control (i.e. mechanical, structural malfunction, and/or loss of vessel). Voluntary removal of the vessel for regular maintenance does not qualify.

15.3 The lease will be for a maximum period of 30 days. Any request for extensions must be accompanied by the appropriate certified documentation.

15.4 In cases where an active vessel has been destroyed or lost, leases may be approved for a maximum of two (2) years, with appropriate certified documentation.

15.5 Requests must be made in writing, and include documentation from a certified source verifying the vessel is unavailable due to mechanical, structural or loss of vessel, including, where applicable, the estimated date for repair completion. The Department reserves the right to have the documentation verified by an independent source.

15.6 Fish harvesters may only lease commercial fishing vessels registered in the Newfoundland and Labrador Region that are within their vessel replacement eligibility.

15.7 Any fishing privileges (use of a fishing licences) held by the lessor (fish harvester allowing the lease of their vessel) in respect of the vessel to be leased must be removed prior to the actual leasing arrangements, and cannot be re-issued during the period of the lease. All vessel registrations associated with the lessor’s enterprise are not valid during the period of the lease; however, the lessor can fish as a crewmember on another vessel or the leased vessel during the period of the lease.

15.8 The disabled vessel must be registered in the name of the lessee (fish harvester with a disabled vessel).

15.9 The licence holder leasing the vessel shall be onboard the leased vessel when fishing.

15.10 The licence holder leasing the vessel must have fished and had verified landings on their disabled vessel within the 30 days prior to the lease request. In instances where the request is made at the beginning of the fishing season, the licence holder leasing the vessel must have fished and had verified landings on their disabled vessel the previous fishing season.

1. In the case of Northern and Gulf shrimp, the licence holder leasing the vessel must have fished and had verified shrimp landings on their disabled vessel in the month/season previous.
2. In the case of the NAFO Divisions 2+3KLMNO Fixed Gear Turbot fisheries, the licence holder leasing the vessel must have fished and had verified, directed Turbot landings on their disabled vessel in the month/season previous.

15.11 The leased vessel will not have any additional fishing privileges, and will include only those fishing privileges held by the lessee (person to whom the lease is granted).

15.12 Leasing of Newfoundland and Labrador based vessels in the Bluefin tuna fishery will be permitted if the disabled vessel has participated in the tuna fishery during the current year.

15.13 Generally, leases are not permitted when a vessel is sold. Requests for leases under these circumstances will be reviewed on a case-by-case basis.

A. Species specific vessel leasing

15.14 Capelin

1. Any vessel participating in any Capelin fishery may only be used by one harvester in one fleet each year, either the mobile gear fleet or fixed gear fleet.
2. Any vessel participating in the fixed gear Capelin fishery may only be used in one Capelin Quota Management Unit each year. A Capelin Quota Management Unit is the capelin sub-division to which a capelin quota is assigned and from which a fixed gear capelin licence holder is authorized to fish.
3. Any vessel participating in the mobile gear Capelin fishery may only be used in one Management Area (eg. 4RST or 2J3KLPs) each year.

15.15 Mackerel

1. Purse seine licence holders will be limited to registering a vessel from the Management Area of their licence only (eg. NAFO Divisions 2J3KLPs or 4R3Pn).
2. Fixed gear licence holders in NAFO Division 4R will be limited to registering a vessel from the Fishing Area of their residency port.
3. Fixed gear licence holder in NAFO Division 2J3KLP will be restricted to registering a vessel from the NAFO Division of their homeport.

16. Buddy-up

A. Buddy-up (general)

16.1 Unless otherwise stated, buddy-up is a DFO-authorized temporary arrangement allowing a maximum of two (2) two licence holders in the small vessel fleet, holding valid licences for the same species, the same fishing area and the same gear type to operate from the same vessel.

16.2 Arrangements must be requested, approved and in place prior to either party fishing the buddy-up species; mid-season buddy-up is not permitted.

16.3 Only one (1) buddy-up arrangement is permitted for the duration of the species fishing season or seasonal fishery.

16.4 Each licence holder in an approved buddy-up arrangement must be onboard the vessel indicated in the approved arrangement while their own Individual Quota (IQ) and/or gear is being fished. The registered vessel operator must always be onboard the vessel while fishing is taking place.

16.5 Each licence holder in an approved buddy-up arrangement must be present at the dockside at the time of landing and during vessel offloading while the fish harvested from their own Individual Quota (IQ) and/or gear is being landed and offloaded. The registered vessel operator must always be onboard the vessel while offloading is taking place.

16.6 Fish harvesters may cancel a buddy-up arrangement at any time by advising the Department in writing.

16.7 Fish harvesters involved in a buddy-up may not register or lease another vessel, or allow their vessel(s) to be registered or leased by another harvester, during the species fishing season; the unused vessel(s) will be left to be utilized, if required, by those in the buddy-up.

16.8 Fish harvesters participating in a buddy-up for any species may not have a substitute operator during the duration of the arrangement. The buddy-up must be cancelled prior to a substitute operator being considered.

16.9 Fish harvesters in a buddy-up cannot be the substitute operator on another enterprise while the buddy-up is in effect.

B. Buddy-up (species specific)

General buddy-up provisions also apply to species with specific buddy-up principles.

16.10 Buddy-up is authorized in the following fisheries:

• 3K Capelin;
• Area 14 Mackerel, Herring and Capelin;
• 4R3Pn Cod;
• Area 2-9, 10A, 12 and 13 Snow crab (Inshore Licences only);
• Areas 11-14C Lobster.

16.11 Capelin

1. Available to NAFO Division 3K for valid fixed gear licence holders with homeport in Green Bay and portion of White Bay from Hampden to Cape John;
2. Includes modified bar seine (tuck seine);

16.12 Area 14 Herring, Mackerel and Capelin

1. Available in NAFO Division 4R for valid fixed gear Herring, Mackerel and/or Capelin licence holders for Fishing Area 14 fishing community traps only.
2. Prior to approval, an eligible licence holder must take responsibility for the trap, and comply with current fishing regulations that require the fishing gear to be marked (eg. Vessel Registration Number).
3. Multiple enterprises are permitted to share catch from a single trap by entering into a buddy-up arrangement with the responsible harvester who has taken responsibility for the trap.

16.13 Cod

1. Available to:
   1. fixed gear licence holders who are residents of NAFO Divisions 4R3Pn, and NAFO Divisions 4R3Pn groundfish mobile gear fish harvesters authorized to use fixed gear in NAFO Divisions 4RS3Pn;
   2. NAFO sub-Division 3Pn fixed gear groundfish licence holders based in NAFO sub-Division 3Ps with authorized NAFO sub-Division 3Pn overlap.
2. Buddy-up authorizations are valid when fishing in NAFO Divisions 4R3Pn only, and do not extend to authorized overlap areas.
3. If the buddy-up is broken during the July seasonal fishery, a new buddy-up will NOT be approved until the September seasonal fishery.
4. Fish harvesters with a substitute operator in place prior to the start of either seasonal fishery will not be permitted a cod buddy-up.

16.14 Snow crab (Crab Fishing Areas 2-9 Inshore Licences, with the same vessel eligibility only)

1. a. Combined enterprises may buddy-up if the arrangement does not result in quota equal to more than five (5) individual quotas being fished from the one vessel.

16.15 Snow crab (Crab Fishing Area 10A Inshore Licence, with the same vessel eligibility only)

1. Buddy-up between inner and outer Snow crab areas is permitted; all Snow crab must be fished in the outside area.
2. b. Combined enterprises may buddy-up if the arrangement does not result in quota equal to more than five (5) individual quotas being fished from the one vessel.

16.16 Snow crab (Crab Fishing Area 12 Inshore Licences, with the same vessel eligibility only)

1. Must hold a Snow crab licence valid for the same inshore Snow crab zone, with the exception of following:
   1. Zone C and Bay St. George inshore licence holders may buddy-up;
   2. Zone E, Zone F or Bay of Islands inshore licence holders may buddy-up;
   3. The fishery started first must continue until that individual quota is taken before the next individual quota can be fished;
   4. both zones cannot fish at the same time.
2. An individual vessel may only catch a maximum of two (2) individual quotas.

16.17 Snow crab (Crab Fishing Area 13)

1. Buddy up is available only to Crab Fishing Area 13 fish harvesters who are residents of NAFO Division 4R.

16.18 Lobster

1. Available in Lobster Fishing Areas 11 to 14C.
2. General buddy-up principles apply.

Part 3 – Licence eligibility

17. Species specific issues

17.1 Arctic char

1. Commercial (Labrador)
   1. No new licences available
2. Recreational
   1. Provisions outlined in the annual Angler's Guide

17.2 Bait

1. Available to fish harvesters with species licences that authorize the use of bait in the commercial fishery.
2. Not available to recreational licence holders.

17.3 Capelin

1. Commercial
   1. No new licences are available for either fixed gear or purse seine.
   2. Fish harvesters may only a hold a licence valid for one gear type (fixed gear or purse seine) at a time.
   3. Capelin purse seine licence may be exchanged for a fixed gear licence; the purse seine licence is relinquished to the Crown. All other purse seine licences in the enterprise may be retained.
2. Fishing area
   1. Fixed gear licences are valid only for the Capelin Fishing Area (CFA) of the home port of the fish harvester, or the CFA in which the fish harvester resides, or has historically fished.
   2. Purse Seine licences are valid for Capelin Fishing Areas 1 - 11 or 12 - 14.
3. Recreational
   1. No licence required.
   2. Use of trap nets, seines, or mobile gear is prohibited.

17.4 Clams

1. Recreational
   1. No licence required.

17.5 Eel

1. Commercial
   1. No new licences available.
   2. Only licences issued in the previous year will be eligible for renewal.
   3. Cannot hold both a recreational and commercial eel licence.
2. Recreational
   1. No new licences available.
   2. Only licences issued in the previous year will be eligible for renewal.

17.6 Groundfish

1. Commercial
   1. No new licences or validations available.
2. NAFO Division access
   1. See Sector Management Policy in Annex 1.
   2. NAFO Sub-Area O Greenland Halibut (Turbot):
      1. No new access.
3. Fishing area access
   1. NAFO sub-Division 3Ps-based licence holders from Fishing Area 9 (Cape Race to Cape St. Mary’s) using fixed gear have authorized access to Fishing Area 10 (Cape St. Mary’s to Point Crewe) unless the licence is re-issued to another fish harvester with a homeport outside Fishing Area 9.
   2. NAFO Division 3P-based licence holders using mobile gear are not permitted to fish for Cod in NAFO sub-Division 3Ps (a,b,c).
   3. NAFO Divisions 2+3KL-based licence holders from Fishing Area 9 (Cape Race to Cape St. Mary’s) using fixed gear have authorized access to Fishing Area 10 (Cape St. Mary’s to Point Crewe) unless the licence is re-issued to another fish harvester with a homeport outside Fishing Area 9.
   4. NAFO Divisions 2+3KL-based licence holders with a homeport in NAFO Divisions 3KL who historically fished in Fishing Area 10 (Cape St. Mary’s to Point Crewe) or Fishing Area 11 (Point Crewe to Cinq Cerf), may continue to do so.
   5. NAFO Divisions 2+3KL-based licence holders with a homeport in NAFO Divisions 3KL using mobile gear and who historically fished in Fishing Area 10 or 11 may continue to do so.
   6. NAFO Division 4R3Pn-based licence holders using mobile gear are subject to the Administrative Guidelines for the Groundfish ITQ Program for Vessels <65 feet in the Gulf of St. Lawrence as it relates to the commercial cod fishery.
4. Cod handline
   1. No new licences available.
   2. Licence holders are restricted to the use of handline only.
5. Recreational
   1. No licence required.
   2. Recreational fishing may not be conducted from commercial fishing vessels on any trip where commercial fishing activity is taking place.

17.7 Herring

1. No new licences available for either fixed gear or purse seine.
2. Fish harvesters may only a hold a licence valid for one gear type (fixed gear or purse seine) at a time.
3. Fixed gear licences are valid only for the Herring Fishing Area of the home port of the fish harvester in NAFO Divisions 2J3KLPs, or the Herring Fishing Area in which the fish harvester resides in NAFO Divisions 4R3Pn.
4. Purse Seine licences will be valid for Herring Fishing Areas 1 - 11 or 12 - 14

17.8 Lobster

1. No new licences available.

17.9 Mackerel

1. Commercial
   1. The 2017 temporary freeze on the issuance of new Fixed Gear licences remains in place.
   2. Fixed gear licences are valid only for the Mackerel Fishing Area of the home port of the fish harvester in NAFO Divisions 2J3KLPs, or the Mackerel Fishing Area in which the fish harvester resides in NAFO Divisions 4R3Pn.
   3. Fish harvesters who hold a Mackerel purse seine licence in Mackerel Fishing Area 1-11 are eligible for a Mackerel bar seine validation only for the same purse seine fishing area.
2. Recreational
   1. No licence required.
   2. Fish harvesters are restricted to handline or angling fishing gear only.

17.10 Mussels (Blue)

1. Recreational
   1. No licence required.

17.11 Rock crab

1. No new licences available.
2. Licences valid by Crab Fishing Area (CFA).

17.12 Sea cucumber

1. No new licences available in NAFO sub-Division 3Ps.

17.13 Salmon

1. Commercial
   1. No new licences available.
2. Recreational
   1. Provisions are outlined in the Angler's Guide.

17.14 Scallop (Sea and Icelandic)

1. Commercial
   1. New licences available in Scallop Fishing Area 1 subject to the provisions of Land Claims Agreements.
   2. No new licences available in Scallop Fishing Areas 2 to 14
2. Recreational
   1. New licences available.
   2. Applicant must be a resident of Canada who is 16 years of age or older and who does not currently hold a commercial Scallop licence.
   3. Licences are valid for Scallop Fishing Areas 1 - 14 with restricted areas noted as condition(s) of the licence.
   4. Vessels used in this fishery must not be registered to the holder of a commercial scallop licence.

17.15 Sea urchins

1. No new licences available.
2. Exploratory licences may be available, subject to application and review.

17.16 Seals

1. Professional Seal Licences
   1. Individuals who held a Professional Seal licence in the previous year will be eligible to renew that licence in the current year.
   2. Upgrades for existing Assistant to Professional status are available through an application process. Applicants must:
      1. have held an Assistant Seal licence for any two years since 2009, one of which must have been the year preceding the upgrade application.
      2. confirm successful completion of the mandatory Humane Harvesting training; and,
      3. hold a Level I Fish Harvester certification, Level II Fish Harvester certification, or provide written proof of successful completion of an appropriate basic inshore Marine Emergency Duties training course (minimum of MED A3 or Small Non-Pleasure Domestic Vessel Basic Safety SDV-BS) with valid certification, not expired.
      4. a completed Application must include a Professional Sealer’s signature attesting to Assistant’s participation in the Seal harvest with verifiable landings for a minimum of two years.
2. Assistant Seal Licences
   1. New Assistant Seal licences are available through an application process. Applicants must be sponsored by a Professional Sealer.
   2. In order to be eligible to apply for a Professional Seal licence, new Assistant Seal licence holders must:
      1. have actively participated in the Seal fishery under the supervision of a licensed Professional Seal licence holder, with verifiable landings, for each of the two preceding years.
      2. hold a Level I Fish Harvester certification, Level II Fish Harvester certification, or provide written proof of successful completion of an appropriate basic inshore Marine Emergency Duties training course (MED A3, Small Non-Pleasure Domestic Vessel Basic Safety SDV-BS) with valid certification, not expired.
      3. a completed Application must include a licensed Professional Sealer’s signature attesting to Assistant’s participation in the Seal harvest with verifiable landings, for each of the two preceding years.
3. Mandatory Humane Harvesting
   1. It is mandatory that all Commercial Seal harvesters (Professional, Assistant and Indigenous) be trained in the three-step process of Humane Harvesting through an accredited DFO Humane Harvesting course.
   2. It is a requirement of the DFO Humane Harvesting Course that all participants hold a Firearms Safety/ Hunter Education Certificate.
4. Personal Use Licences
   1. Individuals who held a Personal Use Seal licence in the previous year will be eligible to renew that licence in the current year.
   2. New licences are available for Personal Use.
   3. Personal Use licences are available to individuals who reside in Newfoundland and Labrador, and who meet the following criteria:
      1. Are 18 years of age or older (proof of age must be provided);
      2. Hold a Firearms Safety/Hunter Education Certificate;
      3. Hold a “Certificate of Completion” of having attended a Seal information session outlining Humane Harvesting requirements for new Personal Use Seal licence applicants.
   4. Individuals who held a commercial (Professional or Assistant) Seal licence in the previous year, and who hold a Firearms Safety/Hunter Education Certificate may opt to receive a Personal Use Seal licence without having to attend a mandatory Seal information session.
   5. Commercial Seal licence holders who opt to receive a Personal Use licence must surrender their Commercial licence, which will be permanently cancelled. In order to seek this option, the Commercial Seal licence holder must submit a written request to the Department.
5. Indigenous Professional Seal Licences
   1. New Indigenous Professional Seal licences are available.
   2. Must be 18 years of age or older (proof of age must be provided).
   3. In lieu of experience as an Assistant seal licence holder and professionalization requirements; an individual Indigenous person must be formally recognized as a commercial hunter by the Indigenous group, organization or community to which they are a member.
   4. Confirm successful completion of the mandatory Humane Harvesting training.
6. Seal licence eligibility
   1. No individual is permitted to hold more than one type of Seal licence (i.e. Personal Use and Commercial).

17.17 Sharks

1. Recreational
   1. New licences are available.
   2. Licences will be valid for the coastal waters of Newfoundland & Labrador.
   3. Hook and release only (no catch can be retained).

17.18 Shrimp (Gulf of St. Lawrence)

1. No new licences are available.

17.19 Shrimp (Northern)

1. No new shrimp otter trawl or beam trawl licences available.
2. Shrimp beam trawl licences cannot be converted to otter trawl licences.

17.20 Smelt

1. Commercial
   1. No new licences available.
   2. Licences are issued and authorized for site specific locations.
   3. Fish harvesters are eligible only for the amount, location and type of gear that was licensed in the previous year.
2. Recreational
   1. No licence required.
   2. The provisions outlined in the annual Angler's Guide apply.

17.21 Snow crab

1. No new licences available.

17.22 Squid

1. Commercial
   1. New licences available for traps and jiggers to Core enterprises only. Section 2.5 applies. Section 8.3 c. applies; the IFMP or CHP for this species must be consulted for eligibility requirements prior to issuing new licences.
2. Recreational
   1. No licences required.
   2. Handline or angling gear only.

17.23 Swordfish (ITQ fishery)

1. No new licences available.

17.24 Toad crab

1. No new licences available.

17.25 Trout

1. Commercial
   1. No new licences available.
2. Recreational
   1. The provisions outlined in the annual Angler's Guide apply.

17.26 Bluefin tuna

1. No new licences available.
2. Registered commercial fish harvesters may not hold a commercial Bluefin tuna licence and a Rod and Reel Bluefin tuna licence at the same time. This includes those who hold an eligibility position on the rotational tuna list.

17.27 Whelk

1. New licences are available in 2HJ, 3KL, 4R3Pn. Section 2.5 applies. Section 8.3 c. applies;  the IFMP or CHP for this species must be consulted for eligibility requirements prior to issuing new licences.
2. No new licences are available in NAFO sub-Division 3Ps.

18. Enterprise combining

18.1 General approach

1. Only enterprises held by Independent Core licence holders may acquire additional quota and fishing entitlements via Enterprise Combining. The result is the removal of at least one enterprise, vessel registration(s) and any duplicate species licence(s).
2. Enterprise combining will occur within specific fleets and geographic areas:
   1. Small vessel fleet with maximum 15.2m (49’11”) LOA: by Crab Fishing Area (CFA) or fishing area (bay-by-bay). (See some Cod exceptions for both i. and ii. in 18.4)
   2. Large vessel fleet with maximum 19.8m (64’11”) and Extra Large vessel fleet with maximum 27.4m (89’11”) LOA: by NAFO Division.
3. Quota and other fishing entitlements acquired through Enterprise Combining may never be converted to a species licence.
4. Unless otherwise stated, licences that have not been combined out in this transaction may be retained by the exiting licence holder for 24 months, during which time it may not be fished; these licences are known as “Held licences”. Held licences which are not combined or reissued within 24 months will be cancelled.
5. Fishing entitlements from a Core enterprise may be divided between multiple licence holders, provided the recipients stay within their respective maximum quota accumulation level.
6. Combined quota amounts may change with increases and decreases in annual allocations. While the percentage acquired will not change, the resulting quota will fluctuate.
7. The 12-month licence reissuance restriction (Subsection 12.8) does not apply for the purposes of a licence holder exiting the industry via Enterprise Combining. The 12-month licence reissuance restriction will apply once the Enterprise Combining transaction is complete.
8. In most cases, where Snow crab individual quotas are being combined, the larger individual quota will be retained as the Footprint individual quota (with the exception in 18.4 e.).
9. Exiting licence holder will retain their status with the Professional Fish Harvesters Certification Board (PFHCB), and may continue to participate in the fishery as a crewmember on another fishing enterprise, or acquire a Core enterprise (in future), subject to eligibility.
10. If the exiting licence holder chooses to acquire a new and different Independent Core enterprise, any “Held licences”, as per item d. above, may be reissued to or combined into the newly acquired enterprise, subject to eligibility of the specific licences and the newly acquired enterprise.
11. No Seal licence is eligible for combining or reissuance, but the licence may be retained by the exiting licence holder.

18.2 Predominant and non-predominant fisheries

1. Only species in predominant fisheries may be combined, with the exception of Lobster, which is a predominant fishery in NAFO sub-Division 3Ps and NAFO Divisions 4R3Pn, but may not be combined.
2. Snow crab, Cod and Northern shrimp are predominant fisheries in NAFO Divisions 2GHJ3KL and Eastern portion of NAFO sub-Division 3Ps (Placentia Bay).
3. Cod and CFA 11S Supplementary crab are predominant fisheries in western NAFO sub-Division 3Ps (Fortune Bay/South Coast).
4. Cod and Shrimp (Northern and Gulf) are predominant fisheries in NAFO Division 4R3Pn.
5. Non-predominant licences that may be retained by the combined enterprise if not duplicated or held for 24 months for later reissuance are:
   1. Scallop (Including NAFO sub-Division 3Ps Core Zone scallop authorizations)
   2. Groundfish - Other (including groundfish licence validations such as lumpfish or cod trap)
   3. Cod – Handline
   4. Lobster - Divisions 2J3KL and LFA 10 (Placentia Bay)
   5. Snow crab - CFA 11E, 11W, and 12
   6. Small pelagic - Fixed Gear (excluding INDIVIDUAL QUOTA fisheries)
   7. Small pelagic - Mobile Gear (excluding Divisions 4R3Pn)
   8. Shrimp beam trawl – NAFO sub-Division 3Ps
   9. Tuna (except rotational tuna)
   10. Swordfish
   11. Rock crab
   12. Toad crab
   13. Whelk (NAFO sub-Division 3Ps only)
6. Eel, 3KL Shrimp beam trawl permits, Trout and Arctic char are considered non-predominant and are cancelled a time of combining.

18.3 Divestiture

1. Enterprise Combining is not reversible, but licence holders may request to divest of all or a portion of the quota acquired through enterprise combining to another eligible licence holder(s).
2. Licence holders who acquire shares of species may not divest of these in whole or in part for 12 months, unless the enterprise is exiting through enterprise combining or in a complete enterprise reissuance. Where additional shares of the species are acquired, the 12 months applies from the date of the most recent transaction.
3. Licence holders who divest may not acquire additional quota of the divested species through any means for a period of 24 months. Where the combined portion of a species is divested of over time, the 24 months will apply from the date of the most recent divestiture transaction.
4. Combined licences retained for 24 months may not be split, and must be combined/reissued together. Licences are cancelled at the end of the 24 months.
5. Licence holders who divest and then reissue their original licence may not acquire a combined licence for that species for 24-months, or a non-combined licence for that species for 12 months.
6. In the Small vessel fleet with maximum 15.2m (49’11’’) LOA fleet, a licence holder may only divest to another licence holder in the same bay; divestiture in the Large vessel fleet with maximum 19.8 (64’11”) LOA and Extra Large vessel fleet with maximum 27.4m (89’11”) LOA may be done on a NAFO basis.
7. In the 3L small supplementary crab fleet, an Option 2 St. Mary’s Bay (SMB) enterprise with additional Option 2 quota acquired through enterprise combining may only divest to an Option 2 enterprise. If an Option 2 enterprise acquires additional Option 2 SMB quota through enterprise combining and converts it to Option 2 quota, the acquired quota may only be divested to another Option 2 enterprise.
8. With respect to rotational tuna, a licence holder with a combined enterprise may divest of the acquired rotational tuna position in whole (100%) to an individual currently holding a rotational tuna position; there is no divestiture in part for rotational tuna licences. All other divestiture terms apply.

18.4 Enterprise combining detailed approach - NAFO divisions 2+3KL

1. Snow crab – Inshore fleet – NAFO Division 2J
   1. The inshore Snow crab in NAFO Division 2J is comprised of options to fish inside or outside the headlands.
   2. A licence holder may combine with either option; however, the quota associated with a licence fishing inside the headland will be permanently converted to an outside the headland option upon combining with an outside option.
   3. The resulting individual quota is equal to a maximum of three NAFO Division 2J inshore individual quotas.
2. Snow crab – Fulltime/Supplementary fleets – NAFO Division 2J
   1. May acquire quota equal to two 2J full-time individual quotas, for a maximum individual quota equal to three NAFO Division 2J fulltime individual quotas.
   2. A cap equal to two of the highest individual quotas in the 2J supplementary fleet can come from the supplementary fleet. The balance must come from the 2J full-time fleet.
3. Snow crab – Inshore fleet – NAFO Division 3K
   1. May acquire a quota equal to two inshore individual quotas in the same CFA, for a maximum individual quota equal to three inshore individual quotas in the same CFA.
4. Snow crab – Fulltime/Supplementary fleets – NAFO Division 3K
   1. May acquire quota equal to two 3K full-time individual quotas, for a maximum individual quota equal to three 3K fulltime individual quotas.
   2. A cap equal to two of the highest individual quotas in the 3K supplementary fleet can come from the supplementary fleet. The balance must come from the 3K full-time fleet.
5. Snow crab – Large Vessel Fleet – NAFO Division 3K
   1. Enterprises in CFA 4, retain their current Snow crab individual quota, and may combine with full-time and supplementary Snow crab licence holders;
   2. The 3K maximum quota and the supplementary quota cap amounts will apply in CFA 4. The resulting combined individual quota is the Large Vessel Fleet with Inshore Crab Licence individual quota plus a maximum of two (2) fulltime/supplementary individual quota. Combined licences may only be fished in CFA 4.
   3. If a 35-44’ LOA inshore Snow crab licence holder with a homeport in CFA 3A opts to move into CFA 3A and subsequently combines with a maximum of two CFA 3A inshore Snow crab licence holder(s), the combined individual quota will be equal to three 3A individual quotas.
   4. If a 35-44’ LOA inshore Snow crab licence holder with a homeport in CFA 3D opts to move into CFA 3D and subsequently combines with a maximum of two CFA 3D inshore Snow crab licence holder(s), the combined individual quota will be equal to three 3D individual quotas.
   5. The replacement vessel eligibility for licence holders who opt to move to an inshore CFA will be less than 12.2m (40’) LOA.
6. Snow crab – Inshore Licence – NAFO Division 3L
   1. Combined enterprises in CFAs 5A, 6A or 6B may be equal to a maximum of three inner bay or three outer bay individual quotas for their respective CFA, dependent on the annual decision on the portion of the bay to be fished. Bays are defined in licence conditions.
   2. Combining between inner and outer licence holders within CFAs 5A, 6A or 6B either mid-season or after the annual selection has taken place is permitted.
   3. Licence holders in CFAs 6C, 8A and 9A can combine within their CFA, and acquire quota equal to two individual quotas from their respective CFAs, for a maximum individual quota equal to three individual quotas from their respective area.
   4. Combining between CFA 6C and CFA 8A with a homeport in 6C is permitted. The CFA 8A licence must first change to a CFA 6C licence. The combined individual quota may be equal to a maximum of three 6C individual quotas.
   5. The CFA 6B licence holders with homeport in NAFO Division 2J are not eligible to combine unless they change their homeport to Conception Bay.
7. Snow crab – Small supplementary fleet – NAFO Division 3L
   1. Option 1A, Option 2, and Option 2 St. Mary’s Bay (SMB) each have specific quota areas and individual quotas.
   2. Option 1A licence holders are not eligible to combine; they must first opt to convert to Option 2 and relinquish the Option 1 or 1A status. The combined individual quota may be equal to a maximum of three Option 2 individual quotas.
   3. Option 2 may combine with another Option 2 or an Option 2 SMB. The combined individual quota may be equal to a maximum of three Option 2 individual quotas.
   4. An Option 2 SMB may combine with an Option 2 SMB. The combined individual quota may be equal to a maximum of three the Option 2 SMB individual quotas.
   5. An Option 2 SMB may combine with an Option 2. The resulting licence will be the Option 2 SMB quota and quota areas, and the Option 2 quota and quota areas.
   6. An Option 2 SMB acquiring an Option 2 may not convert all individual quota to Option 2 SMB until the licence shares in sub-area 8B (SMB) is below the historical 28.
8. Snow crab – Large Vessel Fleet – NAFO Division 3L
   1. May combine with the Small Vessel Fleet max 15.2m (49’11&rdquo) LOA) licence holders within their respective CFA.
   2. These enterprises may register a vessel up to a maximum of 16.7m (54’11&rdquo) LOA to fish Snow crab.
9. Snow crab – Fulltime/Large supplementary fleets – NAFO Division 3L
   1. May acquire quota equal to two 3L full-time individual quotas, for a maximum individual quota equal to three 3L fulltime individual quotas.
   2. A cap equal to two 3L large supplementary individual quotas can come from the large supplementary fleet. The balance must come from the 3L full-time fleet.
10. Cod – NAFO Divisions 2GHJ3KL
    1. Only the Cod portion of a groundfish licence is eligible for combining; the second and third, if applicable, groundfish licence(s) are forfeited to the Crown.
    2. Notwithstanding section 18.1 b. ;
       1. Large vessel fleet with maximum 19.8m (64’11’’) LOA or Extra Large vessel fleet with maximum 27.4m (89’11’’)LOA may combine with other enterprises in the same fleet within and across all NAFO Divisions in 2+3KL.
       2. Small vessel fleet with maximum 15.2m (49’11’’) LOA may combine with other enterprises in the same fleet within and across all NAFO Divisions in 2+3KL.
    3. Cod hand-line licences are not eligible for combining.
    4. Cod catch limits will be authorized based on NAFO Division of the Groundfish footprint licence.
    5. Cod overlap privileges, including Area 10 overlap and Branch - Point Lance overlaps, cannot be combined. The overlap associated with the exiting enterprise will be cancelled.
11. Capelin – NAFO Divisions 2GHJ3KL
    1. Licence holder in Capelin Fishing Areas 3 and 4 may acquire quota equal to their Capelin Fishing Area individual quota, for a combined individual quota equal to two Capelin Fishing Area individual quotas.
    2. Additional quota allocated to enterprises based on inactivity in the fishery (bump) may only be applied to one individual quota in a combined enterprise.
    3. A Capelin Area 3 (bottom of White Bay) competitive licence may not combine with a Capelin Area 3 quota licence.
    4. A Capelin Area 4 (Green Bay) competitive licence may not combine with an Area 4 quota licence.

18.5 5 Enterprise Combining detailed approach – NAFO sub-Divisions 3Ps

1. Snow crab – Inshore Licence – Crab Fishing Areas 10A (Placentia Bay)
   1. May acquire quota equal to two additional CFA 10A inshore individual quotas.
   2. When CFA 10A licence holders with different options (i.e. inner or outer) combine, the resulting individual quota is equal to the sum of the individual quotas, to a maximum accumulation of three individual quotas; all must be fished in the outer area.
   3. A CFA 10A/11S licence holder may combine with a 10A licence holder, providing they relinquish the 11S access and allocation.
2. Snow crab – Large Vessel Fleet
   1. 11S licence holders are eligible to combine within the 11S fleet and with the supplementary fleet, for a combined individual quota of the 11S individual quota plus the acquired individual quota.
   2. Providing the licence holder has a homeport in Placentia Bay, CFA 10A (Outer), licence holders are also eligible to combine with the 11S or supplementary fleet.
   3. When an inshore 10A licence holder combines with a supplementary licence holder, the 10A access and allocation is relinquished; the combined supplementary individual quota equals the 11S supplementary individual quota plus the 11S inshore individual quota.
   4. The maximum quota accumulation is equal to three individual quotas, based on the combinations methodology, as outlined.
3. Snow crab – Supplementary fleet – CFA 11S, 10BCD, 10X
   1. Supplementary licence holders may combine, resulting in a maximum individual quota equal to three supplementary individual quotas.
   2. When an inshore 11S licence holder with a homeport in 10A combines 100% with a supplementary licence holder, the 10A access and allocation is relinquished; the combined supplementary individual quota equals the supplementary individual quota plus the 11S inshore individual quota.
4. Snow crab – Inshore fleet – Snow crab Fishing Area 11 (11E and 11W) (Fortune Bay)
   1. Inshore snow crab licences in CFA 11 (Fortune Bay/South Coast) are not predominant, and are not eligible for combining.
   2. Licences may remain with the combined enterprise, if they are not duplicated, or may be re-issued to another eligible fish harvester within 24 months.
5. Cod – NAFO sub-Division 3Ps
   1. Individual cod quotas are eligible for combining, up to a maximum accumulation equal to three individual quotas.
   2. Each 3Ps groundfish licence holder’s original cod allocation is frozen.
   3. The additional quota allocated to enterprises based on inactivity in the fishery (bump) that is applied to each enterprise may be combined. While this is an individual quota fishery, it will be closed once the Total Allowable Catch is taken.
   4. A groundfish licence that is combining cod individual quotas shall relinquish the second/third groundfish licence(s) to the Crown.
   5. Where an enterprise is acquiring 100% of an individual cod quota, the individual quotas will be added in the combined enterprise, regardless of whether they are of the same amounts or not. No further combining is permitted.
   6. Combining done in increments may not exceed 100%.

18.6 Enterprise Combining Detailed Approach- NAFO Divisions 4R3Pn

1. Snow crab – Fishing Area 13
   1. CFA 13 licence holder may acquire quota equal to 100% of one additional CFA 13 individual quota, for a maximum individual quota equal to two CFA 13 individual quotas.
2. Shrimp – Gulf shrimp – Otter trawl fleet
   1. Licences eligible for Shrimp Fishing Area 8 and licences eligible for Shrimp Fishing Areas 8 – 12 may be combined.
   2. Area 8 Gulf shrimp licence holder may acquire a maximum of 200% of additional Gulf shrimp individual quota through combining, the resulting three individual quotas are added, and no further combining is permitted.
   3. Combining done in increments may not exceed 200% of the footprint licence.
3. Cod – Fixed gear
   1. While Cod is defined as a predominant fishery in Divisions 4R3Pn, fixed gear cod in any fleet sector is not eligible for combining.
4. Cod – Mobile gear
   1. The mobile gear enterprise allocation fleet is eligible to combine the individual quota held by the exiting enterprise subject to the provisions of the Administrative Guidelines for the Groundfish ITQ Program for Vessels <65 Feet in the Gulf of St. Lawrence.
   2. Any cod in excess of the maximum share permitted under the administrative guidelines may be acquired by another eligible enterprise.
5. Herring – Mobile gear – Individual Quota Fisheries
   1. Herring purse seine licence holders in Areas 13-14 are eligible to combine. The combined individual quota is equivalent to two individual quotas.
   2. When an Area 13-14 purse seine licence holder acquires 100% of another Area 13-14 purse seine individual quota through combining, the two individual quotas are added, and no further combining is permitted.
   3. Combining done in increments may not exceed 100%.
6. Capelin Mobile gear – Individual Quota Fisheries
   1. Purse seine licences in Areas 12, 13 and 14 are eligible for combining.
   2. When an Area 12, 13 and 14 purse seine licence holder acquires 100% of another Area 12, 13 and 14 purse seine individual quota through combining, the two individual quotas are added, and no further combining is permitted.
   3. Combining done in increments may not exceed 100%, or the largest individual quota in the fleet, whichever is reached first.

18.7 Detailed approach – Rotational tuna

1. All NAFO Divisions – Rotational tuna
   1. A 3LNOPs rotational tuna licence holder may acquire a maximum of one (1) additional position on the NAFO Divisions 3LNOPs rotational tuna list.
   2. Only one position on the NAFO Divisions 3LNOPs rotational tuna list may be active within a calendar year.
   3. A licence holder whose two positions run concurrently should make arrangements to permanently switch one position with another rotational tuna licence whose position is not valid for the same year.
   4. Temporary substitution of positions will be permitted, but only one licence may be active in a calendar year.

18.8 Detailed approach – Northern shrimp

1. All NAFO Divisions – Northern shrimp - Otter trawl fleet
   1. Combining of Northern shrimp (Otter trawl) licences is permitted within each NAFO Division.
   2. Harvest cap/quota accumulation can occur through either enterprise or license combining. In cases of Enterprise Combining, all associated rules apply.
   3. The inshore Northern shrimp fishery in NAFO Divisions 2J3KL is managed by DFO on a competitive basis using industry-managed harvesting caps. The inshore Northern shrimp fishery in NAFO Division 4R is managed under an individual quota regime.
   4. Generally, Shrimp Fishing Area 6 Northern shrimp harvest caps may be combined, for a maximum total of four harvest caps.
   5. Shrimp Fishing Area 6 harvest caps for NAFO Division 3Kn-based licenses may be combined, for a maximum total of four harvest caps.
   6. Shrimp Fishing Area 6 harvest caps for NAFO Division 3Ks-based licenses may be combined for a maximum total of five harvest caps; this in order to reach a level of parity with a fully combined NAFO Division 3Kn Shrimp Fishing Area 6 Northern shrimp licence (four harvest caps).
   7. Fisheries and Oceans Canada will recognize any combined harvesting caps if fish harvesters move to an individual quota regime in the future.
   8. An individual quota regime is in place for Shrimp Fishing Area 6 Northern Shrimp in NAFO Division 4R. Combining is eligible to a maximum equal to four NAFO Division 4R-based Shrimp Fishing Area 6 Northern shrimp individual quotas.
   9. See Section 18.6 (b) for details on Gulf shrimp combining
   10. Enterprise allocations issued to the <65’ inshore fleet in Shrimp Fishing Area 4 will be eligible for combining within Shrimp Fishing Area 4, to a maximum equal to two Shrimp Fishing Area 4 Enterprise Allocations.

19. Licence combining

19.1 General approach – Northern shrimp

1. Only inshore Independent Core fish harvesters with access to Shrimp Fishing Area 6 may acquire additional Shrimp Fishing Area 6 quota/harvest caps via Licence Combining.
2. The relinquishing fish harvesters may continue to participate in the fishery; unlike Enterprise Combining, the enterprise and its remaining licences will not be cancelled.
3. Shrimp Fishing Area 6 quota/harvest caps acquired through Licence Combining shall never become a Northern shrimp licence.
4. Shrimp Fishing Area 6 quota/harvest caps may be divided between multiple licence holders, provided the recipients stay within their respective maximum accumulation level.
5. Combined quota/harvest cap amounts may change with increases and decreases in annual allocations. While the percentage acquired will not change, the resulting quota/harvest caps will fluctuate.
6. The 12-month licence reissuance restriction (Section 12.9) will apply to a fish harvester relinquishing their Northern shrimp licence via Licence Combining.
7. Regional divestiture policy (Section 18.3) applies to harvest caps/quota acquired via Licence Combining.

19.2 Licence combining detailed approach

1. All NAFO Divisions –  Shrimp Fishing Area 6 Northern shrimp - Otter trawl fleet
   1. Combining of Shrimp Fishing Area 6 Northern shrimp (Otter trawl) licenses is permitted by NAFO Division.
   2. Harvest cap/quota accumulation can occur through either enterprise or license combining. In cases of Enterprise Combining, all associated rules apply.
   3. The inshore Northern shrimp fishery in NAFO Divisions 2J3KL is managed by DFO on a competitive basis using industry-managed harvesting caps. The inshore Northern shrimp fishery in NAFO Division 4R is managed under an individual quota regime.
2. NAFO Division 3K – based enterprises
   1. NAFO Division 3Kn and 3Ks Shrimp Fishing Area 6 harvest caps may be combined.
   2. Shrimp Fishing Area 6 harvest caps for NAFO Division 3Kn-based licenses may be combined, resulting in a maximum total of four harvest caps.
   3. Shrimp Fishing Area 6 harvest cap for NAFO Division 3Ks-based licenses may be combined, resulting in a maximum total of five harvest caps; this in order to reach a level of parity with a fully combined NAFO Division 3Kn Shrimp Fishing Area 6 Northern shrimp licence (four harvest caps).
   4. Fisheries and Oceans Canada will recognize any combined harvesting caps if fish harvesters move to an individual quota regime in the future.
3. NAFO Division 3L-based enterprises
   1. Shrimp Fishing Area 6 harvest caps for NAFO Division 3L based licences may be combined, resulting in a maximum total of five harvest caps.
   2. Fisheries and Oceans Canada will recognize any combined harvesting caps if fish harvesters move to an individual quota regime in the future.
   3. Licence combining does not apply to Gulf shrimp. See Section 18.6(b) for Gulf shrimp Enterprise Combining.

Part 4 – Aboriginal fisheries policies ^{Footnote 1}

Note: This part is currently under review.

20. Introduction

1. Aboriginal fishing policy in Canada is guided by a vision of supporting healthy and prosperous Aboriginal communities through:
   1. building and supporting strong, stable relationships;
   2. working in a way that upholds the honour of the Crown; and
   3. facilitating Aboriginal participation in fisheries and aquaculture and associated economic opportunities.

21. Food, social and ceremonial (FSC) fisheries and commercial access

A. Aboriginal Fisheries Strategy (AFS)

The 1992 Aboriginal Fisheries Strategy (AFS) is a framework for the management of fisheries in a manner consistent with the 1990 Supreme Court of Canada Sparrow decision, which found that where an Aboriginal group has a right to fish for food, social, and ceremonial (FSC) purposes, it takes priority, after conservation, over all other uses of the fishery.

The program was further designed to serve as a bridging arrangement in fisheries matters during the negotiation of comprehensive Land Claims and self-government agreements.

The objectives of the Aboriginal Fisheries Strategy are:

• To provide a framework for the management of fishing by Aboriginal groups for food, social and ceremonial purposes.
• To provide Aboriginal groups with an opportunity to participate in the management of fisheries, thereby improving conservation, management and enhancement of the resource.
• To contribute to the economic self-sufficiency of Aboriginal communities.
• To provide a foundation for the development of self-government agreements and treaties.
• To improve the fisheries management skills and capacity of Aboriginal organizations.

The AFS is applicable where DFO manages the fishery and where land claims settlements have not put a fisheries management regime in place.

Under the AFS, DFO negotiates fisheries agreements with eligible Aboriginal organizations to set out fishing arrangements for food, social and ceremonial purposes. Licences are issued and contain conditions respecting a variety of fisheries management measures like, but not limited to, species, harvest limits, fishing areas and seasons. The agreements may also provide for fisheries related economic opportunities.

B. Allocation Transfer Program (ATP) and Northern Integrated Commercial Fisheries Initiative (NICFI)

AFS was subsequently expanded in 1994 to include a commercial access component through the Allocation Transfer Program (ATP). This program facilitated Aboriginal access and enhanced participation and economic opportunities in commercial fisheries through the acquisition of quota, enterprises, vessels, gear, and equipment until it was discontinued in 2019.

In March 2019, the Northern Integrated Commercial Fisheries Initiative (NICFI) replaced ATP to provide funding and support to Aboriginal organizations and communities in the North, including Newfoundland and Labrador, to develop Indigenous-owned communal commercial fishing enterprises and aquaculture operations. NICFI is divided into four components: Capacity Building, Harvester Training, Expansion and Diversification, and Aquaculture Development.

Enterprises under consideration for transfer to an Aboriginal organization shall first be reviewed for licence reissuance eligibility.

C. Aboriginal Aquatic Resource and Oceans Management (AAROM) Program

DFO introduced the Aboriginal Aquatic Resource and Oceans Management Program (AAROM) in 2004 to support Aboriginal organizations as they develop, grow and maintain aquatic resource and oceans management departments that can provide fisheries, habitat, science, and oceans related services along a watershed and/or support participation in advisory and co-management processes and decision-making tied to aquatic resources and oceans management.

AAROM seeks to increase scientific, technical and advisory capacity within Indigenous organizations. It applies in areas where DFO manages the fishery but where land claims have not been settled, making it unique among federal Indigenous programs in that it provides core and relatively secure funding for non-treaty based science and technical activities. Funding can be used for training, commercial based projects, feasibility and business planning; and to assist Aboriginal organizations transition from capacity building to collaborative management. An AAROM organization can hold commercial communal fishing licences.

D. Aboriginal access – Commercial fisheries

Separate consideration is required for Aboriginal organizations to acquire access to commercial fisheries. In this context, Aboriginal organizations are exempt from certain entry-level eligibility criteria (i.e. Professional Level II, Independent Core) respecting the issuance of new or replacement licences. When a commercial licence  issued under the AFRs is relinquished, a new licence can be issued to an Aboriginal organization as a communal commercial licence under the Aboriginal Communal Fishing Licence Regulations (ACFLRs). A communal commercial licence (re: ACFLRs) provides communal access to a resource for an Aboriginal organization, and a specific operator is not named in the licence. This policy is to be considered in conjunction with DFO’s Aboriginal Resource Management and Indigenous Fisheries programs, which provide Aboriginal organizations with access to commercial fisheries through communal commercial licences. Individual fish harvesters who are Aboriginal and are not fishing under a communal commercial licence are subject to all parts of this policy excluding Part Four.

22. Aboriginal licences

22.1 Nothing in this Policy, except residency requirements, precludes the issuance of a licence to an Aboriginal organization as either a new licence or a replacement for a re-issuable licence under the ACFLRs. As a result, Aboriginal organizations will be required to acquire inshore licences (less than 65’) within their defined footprint area and NAFO division(s).  Residency, the area of historical fishing, traditional territory or home port of Aboriginal organizations will be used as part of the eligibility requirements.  

22.2 Licensing policy decisions for Aboriginal organizations are guided by the ACFLRs. Aboriginal organizations who are granted licences and designate persons on these licences are responsible to ensure designates are fishing within the authorities of DFO licences, licence conditions and licence schedules.

22.3 Communal commercial fishing licences granted to Aboriginal organizations are issued under the authority of the ACFLRs. Communal commercial licences are not subject to licence fees, but Aboriginal organizations must abide by the licence conditions attached to each licence. This may include but is not limited to; quotas, type of fishing gear, gear size, closed areas, by-catch limitations, etc.

22.4 Communal commercial fishing licences shall be issued to an Aboriginal organization, as stated in Section 4(1) of the ACFLRs. As defined in Section 2 of the ACFLRs, an Aboriginal organization can be an Indian band, an Indian band council, a tribal council or an organization that represents a territorially based Aboriginal community. Corporations or separate economic and business developments entities that are controlled by Aboriginal organizations are not standalone Aboriginal organizations and shall not be issued a communal commercial fishing licence. An Aboriginal organization may have an associated corporation manage or administer a fishing licence; however, the licence will be issued to the Aboriginal organization. All licensing responsibilities remain with the Aboriginal organization named in the licence.

22.5 Aboriginal organizations may acquire existing fishing licences with funding from support programs (i.e. ATP, NICFI, etc.). Such licences would be voluntarily relinquished (i.e. willing seller, willing buyer) by other Aboriginal organizations or non-Aboriginal fish harvesters. Following the relinquishment of these licences, a new licence will be issued under the ACFLRs.

22.6 Aboriginal organizations may also self-fund the acquisition of existing commercial fishing licences that are voluntarily surrendered by non-Aboriginal fish harvesters. Following the relinquishment of these licences (i.e. willing seller, willing buyer), a new licence will be issued to the respective Aboriginal organization under the ACFLRs.

22.7 Aboriginal organizations may acquire existing commercial fishing licences using a combination of NICFI funding and self-funding. Following the relinquishment of these licences, a new licence will be issued under the ACFLRs.

22.8 Communal commercial fishing licences may be relinquished and a request may be made to have a new licence issued under the AFRs to an eligible fish harvester, subject to the general reissuance provisions and species specific provisions as outlined in Section 12 of this Policy and approval is required as per Section 27 (Policy Respecting Requests by Aboriginal Organizations for the Issuance of “Replacement” Licences for “Communal Commercial Licences).”

22.9 Individual Indigenous persons who do not fish under the authority of an ACFLR licence can apply for a licence to fish under the Atlantic Fishery Regulations, 1985. These individuals are not exempt from the commercial fisheries licensing policies, and will be required to meet all eligibility criteria as outlined in the Commercial Fisheries Licensing Policy for Eastern Canada and this document. Part Five Northern Labrador Core policy may apply if the fish harvester resides in the geographical area defined in that policy.

22.10 Midshore and offshore fishing licences may be issued to Aboriginal organizations. In these cases, residency does not apply.

22.11 Considerations will be given to quota pooling for annual allocations of the same species in the same management area held by an Aboriginal organization. Quota pooling is when individual quotas (IQs) from more than one licence for a particular species are pooled together on a single licence. Where authorized, these will be considered single-year decisions. This does not extend to harvest caps in fisheries (i.e. is limited to fisheries managed with IQs only).

22.12 Under the ACFLRs, multiple vessel designations can be authorized on a licence. As a result, consideration will be given to allow multiple vessel designations on a single communal commercial licence upon request.

22.13 Under the ACFLRs, Aboriginal organizations are granted vessel designations, and the vessel lease policies for non-Aboriginal licence holders do not apply.

22.14 While vessel replacement rules with respect vessel length overall do not apply (as per ACFLRs), communal commercial licence holders will not be granted vessel designations where there would be a competitive advantage in the fishery. Safety will also be a consideration when reviewing vessel designation requests. 

22.15 The vessel registration 12-month rule (as per Section 14.19) does not apply to vessel designations granted under the ACFLRs, either to the Aboriginal organization or the harvester on the current vessel registration.

22.16 Under the ACFLRs, multiple designates may be authorized on a licence concurrently. The number of designated operators assigned to a licence will be determined by DFO in consultation with Aboriginal organizations.

22.17 The Enterprise Combining policy cannot be used by an Aboriginal organization to relinquish an enterprise, quota or other fishing entitlements for reissuance to any party, as Combining requires the removal of at least one enterprise, vessel registration(s) and species licence(s) by the relinquishing fish harvester. An Aboriginal organization may acquire an enterprise, quota or other fishing entitlements through Combining or Divestiture if they currently hold an enterprise that is eligible to accept quota or other fishing entitlements as per section 18 General Approach and the Area/Species Specific approaches.

22.18 An Aboriginal organization may avail of the Divestiture policy as per section 18.3 to divest of all or a portion of the quota acquired through Enterprise Combining to eligible fish harvester(s).

22.19 An Aboriginal organization with access to Shrimp Fishing Area 6 may acquire additional Shrimp Fishing Area 6 quota/harvest caps or relinquish additional Shrimp Fishing Area 6 quota/harvest caps via Licence Combining as per section 19 General Approach and the Area Specific approach. Unlike Enterprise Combining, in Licence Combining the relinquishing enterprise and its remaining licences will not be removed.

22.20 Fleet Separation and Owner Operator policies do not apply to licences held by Aboriginal organizations and issued under the ACFLRs.

Part 5  – National fisheries policies

23. Issuing licences to companies

23.1 Under the Issuing Licences to Companies policy, a wholly-owned company is defined as a private corporation incorporated under the laws applicable in Canada, for which all voting and non-voting shares are issued to and controlled by one individual who meets the Independent Core eligibility criterial.

23.2 The Policy applies to Independent Core fish harvesters only in the inshore fishery, except those listed in section 16 (11) of the DFO Commercial Fisheries Licensing Policy for Eastern Canada.

23.3 The Policy does not apply to fishing licences issued under the Aboriginal Communal Fishing Licences Regulations (ACFLR).

23.4 Licences held by the individual fish harvester and those held by the company are considered one enterprise and are represented by one Fisheries Identification Number (FIN). The enterprise may not be split to create two separate and distinct enterprises.

23.5 Only those licences eligible for reissuance (Section 12) may be held by the company. Licences such as non-Core groundfish, recreational licences and personal use seal are not eligible to be held by the company.

23.6 Licences may be reissued from an eligible fish harvester or wholly-owned company, to an eligible fish harvester or wholly-owned company, as per the reissuance policy (Section 12).

23.7 Duplicate licences may not be held by both the fish harvester and the wholly-owned company.

23.8 Substitute operator privileges currently available to individuals will be available under the same conditions for wholly-owned companies.

23.9 Vessel registration held by either entity of an enterprise allows the vessel to be used by both the individual and the wholly-owned company without the need for vessel transfer. All other vessel registration terms apply (Section 14).

23.10 All other licensing provisions apply to licences held by the enterprise, either in the name of the licence holder or the wholly-owned company. This includes the Owner-Operator Policy which requires the license holder or the 100% shareholder to be on board during fishing activity.

23.11 Enterprise Combining and Divestiture provisions also apply to companies, as per the respective policies.

24. Bankruptcy and Receivership

24.1 The 2008 Supreme Court of Canada decision in Saulnier v. Royal Bank of Canada concluded that a fishing licence is considered property under the Bankruptcy and Insolvency Act and is considered personal property for the purpose of the Personal Property Security Act. The decision also confirmed the Minister’s discretion to issue licences under the Fisheries Act.

24.2 In response, DFO developed procedures to work with trustees in bankruptcy and secured creditors and their receivers.

25. Emerging Fisheries Policy

25.1 The Emerging Fisheries Policy was developed in 1996 to clearly lay out the requirements that must be met and the procedures to follow before a new fishery can be initiated. A cornerstone of the new policy is provision for the establishment of a scientific base with which stock responses to new fishing pressures can be assessed.

Part 6 – Annexes

26. Sector Management Policy for Canada’s Atlantic Inshore Groundfish Fishery

26.1 The Sector Management Policy for Canada’s Atlantic Inshore Groundfish Fishery was implemented on January 1, 1982, and applies to all inshore vessels fishing any species of groundfish. It permits the decentralization of the management of the inshore groundfish fishery to the Regional Headquarters level.

A. Objectives

1. To control access among various fleet sectors and allow for a suitable balance between the resources available and the fishing effort within the boundaries of a specified sector. Specifically, to ensure that in a sector where adequate fishing capacity exists (or over-capacity), additional fishing effort by vessels outside the sector is restricted. This ensures that quotas assigned for a particular size of vessel in a particular area are harvested by vessels from that area and minimizes the overfishing of established quota levels.
2. To manage the small vessel fleet within a specified sector to provide greater decentralization and, in particular, provide Directors General with a greater degree of authority for management.
3. To allow for expansion or restriction of the inshore fisheries within a particular Region in relation to the resource availability, without necessarily affecting the management of fisheries in other Regions where fish stock availability, or social and economic conditions, differ.

B. Definition of sectors

26.2 All inshore groundfish vessels (less than 19.8 metres or 65 feet) are managed within a series of fishing areas or sectors:

In addition to being permitted to fish in their respective sectors, all inshore groundfish vessels less than 19.8 meters (65') from sectors (2 and 3) will also be entitled to fish for groundfish in NAFO areas 3MNO^{Footnote 2}.

C. Overlaps

26.3 Many inshore groundfish vessels from communities near sectoral boundary lines have historically fished common fishing grounds on one side of the line or the other, depending on fish location. In order to provide for continuation of historic fishing patterns, two types of overlap privileges have been established: authorized overlaps and historical overlaps.

D. Authorized overlaps

26.4 Vessels which have homeports located in the extremities of their sector will be permitted to fish in the NAFO Subdivision adjoining their home port division, specifically:

26.5 Authorized overlaps are meant to provide for the inshore groundfish fleet as it existed on January 1, 1982. If vessels are relocated to an alternate home port division, the authorized overlap is rescinded. If vessels are relocated from a home port division with no authorized overlap privilege to a home port division listed above, no authorized overlap privilege will be extended.

E. Historical overlaps

26.6 As a further means of assuring that traditional fishing patterns were not disrupted, ex-sector fishing privileges beyond the authorized overlaps have been granted:

1. when it was shown that the vessel fished the specific ex-sector area for two years within the period 1978-80.
2. the qualifying period was extended to the years 1980 and 1981 when it was shown that decisions and commitments were made to have a vessel replaced prior to 1980, i.e. the replacement vessel qualified for an historical overlap if it fished the specific ex-sector area during the years 1980 and 1981.

F. Historical overlap termination criteria

26.7 Historical overlap privileges will expire when:

1. there is a change in vessel ownership,
2. the vessel is seized by a lending authority,
3. the vessel is routinely replaced.

26.8 Historical overlap privileges will not expire when the vessel is lost through fire, sinking, etc. Providing the vessel is replaced within a two-year period, the historic overlap privileges would continue on the new vessel, subject to the above criteria.

27. Policy respecting requests by Aboriginal organizations for the issuance of “replacement” licences for “Communal Commercial Licences”

Policy Number: APG – 2006 – 01

Effective Date: October 1, 2006

Policy Objectives

The objective of this Policy is to provide guidance to DFO in responding to requests by Aboriginal organizations for the issuance of communal commercial licences to another person to “replace” communal commercial licences held by them.

Background

• Access to commercial fisheries is provided to Aboriginal organizations through communal licences (hereinafter referred to as “communal commercial licences”) issued under the Aboriginal Communal Fishing Licences Regulations (ACFLR). The ACFLR defines an Aboriginal organization to include an Indian band, an Indian band council, a tribal council, and an Aboriginal organization that represents a territorially based Aboriginal community.
• DFO issues communal commercial fishing licences to eligible Aboriginal organizations under a number of programs, including the Allocation Transfer Program (ATP), a component of the Aboriginal Fisheries Strategy (AFS). Communal commercial licences are also issued to eligible Aboriginal organizations under the Aboriginal Aquatic Resource and Oceans Management program (AAROM), and the Fisheries Access Program (FAP) component of the Marshall Response Initiative (MRI).
• Where DFO manages the fishery, the AFS, AAROM and MRI programs assist DFO to manage fisheries in a manner consistent with Sparrow, Gladstone, Marshall and other decisions of the Supreme Court of Canada.
• In the 1996 decision of the Supreme Court of Canada (SCC) in Gladstone, the Court found that the Heiltsuk Nation has an Aboriginal right to fish herring spawn-on-kelp for commercial purposes. Through the AFS, the Heiltsuk Nation has been issued communal commercial licences for herring spawn–on-kelp.
• In its 1999 Marshall decision, the SCC affirmed a treaty right to hunt, fish and gather in pursuit of a moderate livelihood arising out of treaties signed with the British in 1760-61. Through the MRI, communal commercial licences have been issued to affected Mi’kmaq and Maliseet First Nations in the Maritimes and Gaspé Region of Quebec.
• To assist DFO to provide commercial fisheries access to Aboriginal groups in fully subscribed fisheries without increasing the pressure on fisheries resources, the ATP, AAROM and FAP programs provide for the voluntary retirement of commercial fishing licences and issuance of communal commercial licences to eligible Aboriginal organizations.

Most of the costs related to the retirement of commercial licences under these programs are borne by the federal government.

• The objectives of these programs and the investment of public funds under the programs, requires that public policy objectives guide officials with regard to decisions relating to requests by Aboriginal organizations for the issuance of “replacement” licences for communal commercial licences they hold.
• Various circumstances exist where an Aboriginal organization may wish to request a “replacement” licence for a communal commercial licence they hold.
• Current legislation provides that licences are not transferable. However, the Minister, in “his absolute discretion” may for administrative efficiency set out considerations to be taken into account in determining whether to issue a licence to an eligible new licence holder as a “replacement” for an existing licence being relinquished. The considerations to be taken into account with respect to communal commercial licences are specified in this document.

Application

• This Policy applies in respect of communal commercial licences issued to Aboriginal organizations through the AFS, AAROM and MRI.
• In applying this policy, DFO will endeavour to:
• Protect and sustain the federal government’s investment in Aboriginal fisheries;
• Address the Government of Canada’s commitment to Aboriginal peoples;
• Enhance and maintain Aboriginal participation in fisheries; and
• Provide flexibility to assist Aboriginal groups to manage their fisheries.
• This Policy applies to:
• requests by Aboriginal organizations for the issuance of licences to another person to replace communal licences held by them, whether the request relates to the issuance of a communal commercial licence to another eligible Aboriginal organization or to the issuance of a commercial licence to an eligible fisher that is not an Aboriginal organization; and
• requests by Aboriginal organizations to relinquish communal commercial licences held by the organization and to be eligible for another communal commercial licence.
• Where regional officials are of the view that input from national headquarters is required, a request may be made to the Aboriginal Policy and Governance Directorate of Fisheries and Aquaculture Management for advice and recommendations.

Considerations

In consideration of the objectives of the AFS, AAROM and MRI programs and the federal investment in implementing the programs, in addition to any other relevant considerations, DFO will take the following into account in reviewing a request by an Aboriginal organization:

• Requests for the issuance of a licence to another person to “replace” a communal commercial licence held by them must be made in writing by the Aboriginal organization, and must be accompanied by evidence of the initiating community’s support for the request. A Band Council Resolution or other appropriate evidence (in the case of a First Nation) or similar decision document (in the case of Aboriginal groups that are not First Nations) that is acceptable to DFO is required;
• Requests must be supported by an assessment of the costs and benefits to the Aboriginal organization of the request, and, as a minimum, address the following considerations:
• Evidence that the proposal is intended to upgrade, diversify or enhance the Aboriginal organization’s fishing licence portfolio; and
• Where revenues from the licence are used to cover the costs (in whole or in part) of projects negotiated under an AFS agreement, a statement of how these project contributions will continue.
• Requests must respect fundamental conservation and protection principles, and proper management and control of the fisheries consistent with legislation and DFO policy.
• Where an Aboriginal organization returns a communal commercial licence to DFO indicating that it does not want to fish under that licence and either:
• Requests that DFO issue another communal commercial licence that reflects a commercial licence that has already been retired under applicable programs and for which equivalent communal licences have not been issued; or
• Indicating that it may, at some future date, request that DFO issue a communal commercial licence that is similar to or differs from the one returned, any decision will be subject to availability and allocation priorities. (NB. In this context, “replacement” could be described as exchanging the eligibility to be issued one communal licence with the eligibility to be issued a different communal licence.)

Monitoring

The effectiveness and efficiency of this policy and its application will be monitored on an ongoing basis by the Aboriginal Policy and Governance Directorate and evaluated on a periodic basis by the DFO Audit and Evaluation Directorate.