In response, the following was submitted to the RCMP Commissioner William Elliot, the Attorney Generals of Canada and BC, the Auditor General, Justice Minister and the Chief Supreme Court Justice this date. Now being circulated to the media, and members of the Opposition:
"Notification of Federal Department of Fisheries & Oceans Direct Involvement in Illegal Licensing Scheme
I am writing to inform your Organizations of DFO's involvement in an Illegal Licensing Scheme related to the issuance of Halibut Quota, and to request an Investigation of this matter be conducted by the Proper Legal Authorities immediately.
In Canada, it is fact and Legal Prerequisite that a properly "Licensed Commercial Vessel" is required to own or procure halibut quota.
However an investigation of the Public Records of the "Vessels" these Licenses have been, and continue to be issued to today, leads to the conclusion that certain commercial operators are openly non-compliant with the related Legislation and are supported in this action by the Department of Fisheries and Oceans. (Reference: http://www-ops2.pac.dfo-mpo.gc.ca/Ops/VRNdirectory/LicReportSelect.cfm )
Many are registered with simple "K" or "BC" number registrations, which are very much NOT commercial fishing vessels (which require a CFV - Commercial Fishing Vessel assignment). And many are far to small in size, as little as nine Feet, to realistically fall into the range of Legal Classification.
The majority of the "vessels" that fall into these non-compliant categories are held by absentee Quota Holders as a method of eliminating related operational expenses. "Absentee" in that these individuals do not set foot on a working fishing vessel, preferring to lease their quotas at grossly inflated prices to those who actually do engage in active fishing. All of the "vessels" that are associated with the above noted discrepancies fall outside the scope of the Legal Description of Licensed Commercial Fishing Vessels, and as such are ILLEGAL under Canadian Law. Thus, any and all Halibut Quota assigned to those same "vessels" have been issued inappropriately, and therefore contravene the Legal Mechanisms in place regarding the terms of procurement and ownership of the same. This is not simply a limited case of a singular incidence nor a one time occurrence. In fact the number of "vessels" that fall into the Illegal Classification are numerous, and a review of the relevant Public Records well indicate this practice has been in effect for many years.
Your Organizations represent the Proper Legal Authorities for investigating collusion between the related Quota Holders and the Department of Fisheries and Oceans in this matter, so it is for that explicit reason I am contacting you today. When informed of these findings, DFO has provided disparate and convoluted replies ranging from This procedure is addressed in a Private In-House Manual not available to the General Public, to requests for specific Vessel and related Licensing Information, even going so far as to indicate that a plank, flower pot, row boat, or smaller sport fishing boat is fine with DFO, if it is registered. It was noted that "Vessels" that are de-commissioned, sunk, or sold to foreign interests would result in suspension of quota. However there exists no communication protocol between DFO and Transport Canada in this regard. Thus DFO is not aware of the number of existing Licenses that may have been issued to vessels falling within this non-compliant description.
The Department's assertions aside, the existence of an In-House Policy Manual nor the in-house mindset amongst those involved in DFO forgives them the requirement to ensure their actions are compliant with existing Legislation directly intended to govern their responsibilities and resultant actions. Simply put, acting outside of that Legislation, as they are in this matter, would require an Act of Parliament or Supreme Court Ruling to proceed. Thus, DFO, by collusion and gross dereliction of duty, is actively involved in the commission of ongoing illegal activities relating to the issuance of Halibut Quota to non-conforming "vessel" owners.
It is an extremely serious matter when a Federal Ministry takes upon itself the determination of their compliance of Legislation and Rule of Law specifically in place to govern their very operations. In this particular matter, the Department of Fisheries and Oceans has intentionally chosen to ignore the Rule of Law that specifically sets forth what is, and what is not allowable regarding the holding and procurement of Commercial Halibut Quota in the Pacific Region. As those actions are well outside of their own mandate, and well outside of the pertinent Legislation, I am hereby requesting a Formal Investigation be conducted to determine the extent of non-compliance from DFO in this matter.
I am available at your convenience to discuss this matter, any related clarification and/or issues of concern.
I am looking forward to hearing from each of you that this matter will be afforded the attention it deserves in a timely manner.
Sincerely, "Awaiting their responses...
Nog