December 16, 1963
THE FISHERMAN
Page 3
Fishermen Propose Halibut Quota Cut
A four million pound reduction in the Area 2 halibut quota for 1964 is being recommended to the International Pacific Halibut Commission by the United Fishermen and Allied Workers Union, acting on a decision made by a meeting of Vancouver halibut fishermen this month.
The proposed cut for Area 2, which covers waters lying between Willapa Bay, Wash., and Cape Spencer, Alaska, would reduce the quota for 1964 to 24 million pounds. Since 1961 the quota has been maintained at 28 million pounds.
The Union said the recommendation was based on halibut fishermen's own experience that availability of halibut in the area was on the decline, as well as on the conclusion indicated by the Commission's data that a reversal in catch per unit of effort would be shown.
F. Heward Bell, the Commission's director of investigations and secretary, in a letter to the Union, has already indicated that a reduction of the Area 2 quota may be recommended at the Commission's annual meeting in January.
He informed the Union that "we concur with your general executive board's concern over the decline in the catch per unit effort in Area 2.
"We have expressed this concern a number of times in the last few-years and, as you know, in 1961 and 1962 we had reduced the removals substantially from what prevailed during the 1950\s."
TV Big Help To Sointula
By EINO AHOLA
Extension of television coverage to Sointula early this vear, as part of a CHEK-TV satellite station service to the northern end of Vancouver Island, has proven to be a boon for the Sointula Co-op Store Association.
The 83 members wiio attended the Association's semi - annual meeting on November 30 were gratified to learn that sales for the first nine months of this year totalled $325,133, topping the figure for the corresponding period of 1962 by $23,296.
The increase was largely due to sales of TV sets, in which the
Bell concluded that while the Commission had not yet completed its calculation of the catch per unit effort for 1963, "a preliminary examination of the data indicates some further deterioration, and it appears to confirm the reversal of the trend.
"Accordingly, it is probable that the staff will be recommending some reduction in the catch limit for Area 2 at the forthing annual meeting."
The Union is also asking that no change in the Area 3 quota be made for 1964 "unless the Commission staff is able to produce substantial evidence that the quota in this area can be increased without bringing about a similar reversal in catch per unit of effort and availability of halibut as has occurred in Area 2."
Union secretary Homer Stevens reported to Bell that the Vancouver halibut fishermen's meeting had expressed concern about the inter-relationship of Area 2 and Area 3 halibut stocks.
"While it seemed evident that Area 3 catches per unit of effort were at a high level and that there might even be some possibility of an increase in the quota, there was also concern over the possibility that if this were done, it would further react unfavorably not only in Area 3 but also in Area 2," Stevens wrote.
PROPOSED OPENINGS
Opening dates as suggested by the Vancouver halibut fishermen's meeting were on or around May 1 for Areas 2 and 3A, and a date for Area 3B South seven days after the opening of Bering Sea Area 3B North Triangle.
"This recommendation is based on the possibility that the North Triangle Area will be closed very soon after the official opening due to quite heavy concentration of longliners from all tnree nations," Stevens explained.
"The opinion was expressed that it might be impossible for Canadian and American halibut boats to properly complete a trip in the
losure.
"In that event, the opening of w ere! Area 3B South would provide an
WALTER MONK
'Operation Strike Relief
Hank Watts Acquitted In Burnaby Fish Case
Dies Suddenly
Lack of direct evidence rather than recognition of a right won acquittal for Henry (Hank) Watts, Vancouver fisherman, on a charge of selling fish without a retail licence when his case was heard in Burnaby police court December 9.
The charge, laid under the Burnaby licence bylaw, arose out
Walter Monk Laid to Rest
Old timers from the BC fishing industry were among the many mourners who gathered at the Simmons and McBride funeral chapel in Vancouver December 12 to pay their last respects to one of the most popular of the men who fished halibut here in the days of the dory*tchikan fming and sinklng in
boats.
Walter Monk, who had turned 70 only three months ago, died Sunday, December 8, moments after he suffered a heart attack.
Death of the lean, ruddy faced veteran of the fishing industry, who appeared to be in good health following a recent successful operation, came as a shock to his wide circle of friends.
Soft spoken Walter Monk, whose ! love for the industry and the old | days was best expressed by the ; numerous pictures he passed along to The Fisherman over the years, had his roots deep in history. I BORN iN 1893
He was born on September 1, 1893 in Pool's Cove, Newfoundland, coming to British Columbia with his parents when he was five years lold.
In an interview with The Fisherman in 1960, he recalled going out | gillnetting on the Fraser River with his father and catching his
first salmon when he was seven
store did a roaring business when
the long promised television | a,e? Pr.lor t0 the actual service became a reality.
Three new directors elected to the board: Dave Slider : opportunity for the vessels to com-for one year, Bernhard Crowell j Piete a trip."
Final recommendations from the Vancouver halibut fishermen's meeting asked for amendment of
lor two years and Ralph Jarvis for three years.
The meeting concluded with serving of a cafeteria style supper and showing of films.
Local Makes Contributions.
Donations were the order of the day at the November meeting of the Vancouver Fishermen's Local with a $75 contribution going to the Mine Mill strikers at Reeves McDonald and $50 to the victims of the earthquake disaster in Yugoslavia.
In addition, the Local voted $30 to the Columbia River for Canada committee, $25 to the Children's Jubilee Summer Camp Association, and $20 to the Minor Hockey Association.
The workers at Reeves McDonald have been on strike for more than seven months. Their pay is 47 cents per hour less than wages paid across the border by the US owned company in British Columbia's interior.
Top prize in the Local's attendance draw went to veteran UFAWU member George Howe and second prize to Harold Tollevsen, who was sworn in as a new member earlier in the evening.
Other new members taking the oath of membership were Franjo Serdar, E. R. Lee, and G. Kodelja.
the regulations governing validation of licences.
LIFTING OF GEAR ISSUE
The meeting asked that "in the event the Japanese longline fleet is not required to lift all its long-line gear for a period of time prior to the opening date in the Bering Sea, the regulations providing for validation of licences of Canadian and American vessels entering the North Triangle Area be amended to provide for validation five days prior to the opening of the season."
It also asked "for strong patrols to enforce the opening date on all longliners in the area."
Stevens said the resolution was motivated by "the reluctance of the Japanese to agree to any period of time in which all longline gear would be out of the water in the Bering Sea prior to the opening date.
"Naturally," he added, "if they do agree to lifting of the gear, we would be quite in favor of leaving the regulations as they were in past years, that is, with a 48 hour validation.
"Otherwise, we see no reason why the Canadian and American halibut fleets should not be allowed to enter the area and observe the activities of the Japanese long-line fleet, as well as to observe the degree of patrolling that will be done to enforce the regulations on all three fleets."
i years old.
It was 1916, however, before he started fishing seriously, catching or packing fish steadily from that time, except for a period in the Canadian Army during the First World War.
His first job in the fishing industry was aboard the halibut steamer Roman which shortly afterward ran up on Key Reef off
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.... FOR 1963 DELIVERIES
Fair Spring Salmon Take
Landings from the southern end of Vancouver Island contributed the largest poundage to spring salmon landings totalling 12,000 pounds at southern ports for the week ending December 7.
They compared with 9,000 pounds landed the previous week and 8.000 pounds in the corresponding week last year.
The price range showed little change at: smali red 45 cents; tiny red 39 cents: small white 30-32 cents; jacks 30-32 cents.
In the north, however, spring landings at Prince Rupert were very light — 800 pounds of red and 300 pounds of white spring at: large red 75 cents; medium red 53 cents; small red 40 cents; large white 52 cents; medium white 30 cents.
Sole, 28,000 pounds at 4-8 cents, and ling cod, 41,000 pounds at 13-16 cents, provided the largest part of 100,000 pounds bottomfish landings at southern ports. Sole, 11,000 pounds at 4%-6 cents, also provided nearly half of 23,000 pounds hot tomfish landings at Prince Rupert.
Sharply increased clam deliveries was the main outstanding feature in shellfish landings. Deliver- j ies of clams in shell rose to 85,000 pounds at southern ports, and 130,- j 000 pounds at Prince Rupert.
200 fathoms without loss of life.
He was dory mate with Hugh Mclnnis, one of his pallbearers, and in fact fished with many of the other men who were present at his funeral services Thursday, including old Joe Babcock, former skipper and owner of the schooner Annie Tuck, now retired. FISHED ON 'RELIEF'
For the past three seasons, Walter Monk fished halibut aboard the vessel Relief, under owner-captain Merrill Sollows, who was also a pallbearer.
Others who bore his body to its final resting place in Forest Lawn Memorial Park were Alex (Sandy) Fowlow, who fished on the Tanza this past season. Martin Dyke, former skipper of the BC C.ipper who retired seven years ago, Elias House, skipper on Canadian Fishing Company packers before his retirement, and Don Pearkes. a nephew.
Walter Monk was an active member of the Vancouver Fishermen's Local, representing it at a number of conventions of the United Fishermen and Allied Workers Union.
He served on Union committees, particularly in connection with halibut and when he was packing, dealing with tendermen's problems.
Those who worked with him described Walter Monk as a good shipmate who knew his work and performed it well. WIFE SURVIVES
Walter Monk is survived by his wife Christina, Vancouver, a daughter, Mrs. Hugh Watson of Campbell River and a grandson Randy; two brothers, Sydney and Lewis; two sisters, Mrs. Ronald Rowe and Mrs. Russell Kearley, all of Vancouver.
Funeral services were conducted by Rev. W. L. Highfield. Final selection sung during the service was Crossing the Bar.
His son in law Hugh Watson owns the gillnetter Lady M and is a member of the Campbell Rivc-r Local of the Union.
if
Clam Areas Open in South
All areas south of Rivers Inlet have been opened for clam digging, the fisheries department announced last week.
The department's order revoked the closure which has been in effect since October 1 in Areas 13, 14, 23 and 24, effective 6 p.m. December 14.
In the north, however, a second department order closed Areas 1, 2A, 2B, 3, 4 and 5, including islands and adjacent bays and inlets, to the taking of all except razor clams as of 6 p.m. December 14. These areas will remain closed until further notice.
The closure imposed in Areas 6, 7 and 8 on October 1 remains in effect.
Greetings to the Fishing Fleet and Their Families
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'of a fish sale for strike relief funds held at a Hastings Street service station during the fishermen's strike last July.
Harold Wilcox, operator of the service station, was fined $20 earlier on a charge of permitting fish to be sold in violation of the Burnaby meat and fish bylaw, and the decision, handed down by Magistrate C. Murray Hyde November 18, is now being appealed by the United Fishermen and Allied Workers Union.
Magistrate Hyde dismissed the charge against Watts, a UFAWU member, on the ground he could find no direct evidence that Watts had offered fish for sale or sold fish.
But he left no doubt that had the evidence been fortncoming. his decision would have been different. Concurring in prosecutor Anthony Pantages' argument, he said, "The sale should have been licensed. It was not casual or incidental and the volume was large."
Defence counsel John Stanton relied heavily on a BC Court of Appeal decision in 1959 that business could not be interpreted to include a non profit society for purposes of levying business tax.
The ruling was made by the appeal court in allowing the appeal of Vancouver School Teachers Medical Services from a lower court decision dismissing its application to be stricken from Vancouver assessment rolls for business tax purposes.
Stanton argued that the ruling had a direct bearing on the charge against Watts.
"There is a similarity between the cases.'' he said, "except in this instance the organisation is a union seeking to raise strike benefits rather than a society handling sick benefits. In neither case is profit or gain involved."
He contended that it was not sufficient for the crown to prove that Watts sold fish, but that he sold it for profit, thus bringing himself within the classification of a person operating a retail business.
HO PRECEDENT
Reminding the court of evidence given by the municipal licence inspector and sanitary inspector, he said neither of them could cite an instance of a union being required to obtain a retail licence for any comparable activity.
The usual practice for organisations sponsoring charity sales, according to the licence inspector, was to apply to council for a permit, as a courtesy to council.
"When the element of carrying on business for profit or gain is lacking, the essential element is lacking for the basis of this charge," he declared.
Stanton pointed out that an investigation had been made into allegations that the Union bought fish for its sales from fishermen at Smith Inlet during the strike, with a view to implied violation of the Fisheries Act regulation requiring a wholesale fish buyer to hold a licence.
No prosecution followed the investigation because it was shown that the Union was only accepting gifts from fishermen.
"This substantiates my point that there was no profit or gain involved," Stanton said.
Pantages disputed the argument that the fish sale was not conducted for profit or gain.
"It is my submission that the sale should have been licensed," he said.
"Approximately $2,000 was taken in on July 24, the day with which this charge is concerned. The sale was publicly advertised, the public was invited and therefore, by its non restriction, it was a retail sale."
I Pantages argued that although it i was not a sale for profit or gain 1 in the ordinary sense, "there was j an attempt to gain some advantage and there was in fact some advantage gained in that the sale ; was for the financial betterment of the Union."
He conceded that the crown had , experienced "considerable difficul-ly" with Union secretary Homer j Stevens in its attempt to show ; that advantage had been gained. ; Stevens had denied there was any i profit.
Nonetheless, he maintained, the ; Union had gained financial advan-i tage because "in the event the j strike continued, it had a deep : cushion to fall back upon."
Stanton objected to Pantages' at-j tempt to equate a sale conducted i for strike relief with a commercial i sale for private profit or gain.
"There may have been an advantage to fishermen in their ability to draw strike relief, but there was no profit," he declared, holding that the appeal court's ruling on the interpretation of business should apply.
The Burnaby licence bylaw, he added, "was not written to cope : with instances such as this."
NO DIRECT EVIDENCE j In his decision dismissing the charge Magistrate Hyde said he i was concerned with two questions: was Watts a retail trader within i the meaning of the bylaw; and was : Watts engaged in retail trade if ! he could not be shown to be the i principal?
None of the prosecution wit-| nesses had given evidence to show that Watts actually offered or sold fish on the day in question, and j there was, in fact, no direct evidence to show he had done so.
After consultation with his Union, Watts had declined to sign a document prepared for him by sanitary inspector George Arm-son. He had admitted only to being in charge of a truck. Again, I there was no direct evidence or I admission to show that he was managing or supervising the oper-', ation.
He said he felt that the wording i of section 3A of the bylaw did not : assist the crown in its contention i that Watts was the person who ; should have purchased the licence, i who advertised or supervised the , sale, and who offered and sold
; fish.
Foreign Fish Landings Out
The Newfoundland government has asked the federal government to allow foreign vessels to land fish for processing in the province, but the federal government intends to "abide by the existing regulations under which no foreign vessel is entitled to land fish in Canada."
Fisheries minister H. J. Robi-chaud gave this information to the House of Commons on November 22 when he was asked by Tom Barnett (NDP, Comox-Alberni) "whether the government has received any request from one of the provinces that foreign vessels be allowed to land fish in Canada for processing. If so, has the government made any policy decision in this connection?"
Pressed by Lloyd R. Crouse (PC, Queens-Lunenburg) for the name of the country that wanted to land and process fish in Newfoundland, Robichaud replied:
"I believe that a number of countries have expressed their desire to land fish in Newfoundland and in other provinces of Canada. Among those countries were Japan and Spain."
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