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Vol. XXVI, No. 40
VANCOUVER, B.C., DECEMBER 16, 1963
QUITS AS ARBITER
IT'S OFFICIAL:
DRYER RESIGNS
From the fog of confusion, delay, and doubietalk that has shrouded the promised arbitration of issues remaining in dispute following last summer's fishing industry strike has finally emerged one clear fact: Mr. Justice Victor L. Dryer has withdrawn as arbiter.
Undercover Communique
Negotiates for Nothing
Ottawa Crawfishes On 12 Mile Position
Although it has refused to give members of parliament information on the progress of secret talks between Canada and the United States, the federal government is apparently preparing to declare a 12 mile limit that will have little or no effect on the nations presently fishing up to the three mile limit.
External affairs minister Paul Martin who was reported as telling Don Phillips of the Vancouver Province Washington Bureau on December 4 that the position of US fishermen "wUJ not'in any way be altered" as a result of the negotiations now underway, refused to tell parliament anything about the discussions.
The issue was raised in the House on December 5 by Lloyd Crouse (PC, Queens - Lunenburg! who asked if either fisheries minister Robichaud or Martin could give the House "a report on the negotiations with the United States regarding the 12 mile limit and is implications for Canadian and United States fishermen." MARTIN SECRETIVE
Martin said the meeting in Washington the day before was the second since Prime Minister Pearson on June 4 announced Canada's intention of declaring a 12 mile "fishing zone" by next May.
"When this announcement was made following his statement of intention to the president of the United States, the prime minister intimated that Canada would take into consideration the historic fishing rights of certain countries, including the United States.
"As the United States had a very definite interest in this matter, it was decided that the negotiations with the United States, and as well other countries, should be pursued."
First meeting, Martin said, took place in August and the second on December 4. "There will be a third meeting in Ottawa some time in January, which I believe and trust will conclude this phase of discussions.
"I may say that the discussions marked considerable progress in the positions of the two countries," Martin claimed. "There was an acknowledgment of the position of Canada, and we have taken careful note of the position put forward by the United States in these talks.
Salmon Sale Topic at Meet
A special meeting of local representatives and members of the general executive board was held in the Fishermen's Hall last Friday to hear a preliminary report on salmon sales during last summer's strike.
With so many locals and areas participating in the catching and selling of fish, creating a complicated picture, the meeting spent a full day working out a formula for sharing the proceeds from the sales. Much of the money raised was given out as strike relief during the three week tieup.
The committee proposal is being taken back to the locals for discussion and approval.
Union members who have any questions to ask concerning "operation strike relief" are urged to attend their next local meeting where the matter will be under consideration.
Following completion of the discussion in the locals, the matter will again be taken up in committee and a report issued to the membership early in the new year.
"1 can go no further at this time . . . until these negotiations have been completed."
MARTIN TALKED
The Province story from its Washington bureau, however, indicated that Martin was not so secretive with reporters.
"External affairs minister Martin and fisheries minister Robichaud made it plain here that the new limit will not mean much to the nations that have been fishing in Canadian waters for any length of time," the news report by Don Phillips stated.
Martin was directly quoted as saying that the position of US fishermen would "not in any way be altered" as a result of Canada's position.
Union Clear On Stand Last June
A full 12 mile territorial sea in place of the present three mile limit, with no phase out period for fishermen of other nations, was called for by the United Fishermen and Allied Workers Union in a 23 page brief presented to federal fisheries minister 11. J. Robichaud and deputy minister A. W. H. Needier last June.
The document, which brought up to date the stand taken by the Union for the past 14 years, for extension of Canada's territorial waters, was prepared and presented at Needler's invitation.
Following a detailed and documented review of the case for a 12 mile limit, the Union summarised its position in these seven key points:
J—Canada must guard and advance Canadian interests. We cannot rely on our neighbors to protect our interests or to give up their rights of exploitation unless we display the necessary initiative, courage, and determination in our dealings with them.
2— Canada should make a unilateral declaration of a full 12
mile territorial sea which will be the exclusive property of Canada including all fishery, mineral and other resources present within the boundary. There should be absolutely no exceptions to this rule from the viewpoint of any past practice or treaties.
3— Canada should inform the other nations that we are already
many years behind times in making this proclamation and that we intend to enforce it fully and completely upon the nationals of any other state without discrimination and without any "phase out" period. Foreign fishing vessels which may attempt to enter this 12 mile zone for purposes of exploiting our fisheries shall be seized and brought to trial in Canadian courts.
4— Canada should proclaim to the world that Canadian fishing
vessels will be required to observe similar proclamations by any other states at least up to the 12 mile limit. We should not try to protect Canadian vessels in even a wider zone which is related to the continental shelf of such other nations.
5— Canada should indicate that it is our long range intention to
assert further rights designed to conserve the fishery resources and protect the rights and interests of Canadian fishermen to the outer
See UNION STAND—Page 8
Canada was also prepared to consider preferred treatment for France, Spain, Italy, Norway. Denmark, and Portugal, the report continued, on the grounds that they have been "long time users of Canadian waters."
Donald Maclnnis (PC Cape Breton South i asked with a trace of sarcasm whether the Canadian ministers planned to visit "Spain, Portugal, France, and the UK before they let the House know exactly what the position is in this matter."
Martin said "there is no such intention."
Tom Barnett (NDP, Comox-Al-bernii asked the fisheries minister 'if he would tell us what really_ happened in Washington."
Robichaud would say only that the "meeting held yesterday was most satisfactory."
But Martin in his Washington interview with the Province bureau said the rights Canada does recognise for foreign fishermen would remain "as long as the fisheries hold out," the words of the reporter.
NO 'PHASE-OUT'
There would be no "phase out" period during which foreign fleets would be allowed to fish before finally being closed out from the 12 mile zone entirely.
"Nor does the Canadian plan envisage any change in the existing right of large US trawlers to fish inside the 12 mile limit," the Province report stated. At present. Canadian trawlers must fish outside the 12 mile limit but foreign trawlers can fish up to the three mile limit.
"Instead of applying the 12 mile ban to all trawlers," the Washington bureau of the Province slated, "the federal government is apparently considering extending the rights of Canadian trawlers to come within the zone."
Questioned on this report by MP Donald Crouse, Martin said, "I do not propose to reveal any discussions except to say that these newspaper reports do not represent the full situation."
Robichaud in the Province story indicated that the 12 mile limit was aimed at Japan and the USSR. He was quoted as saying it was necessary to establish the new 12 mile fishing zone before these nations could advance the claim of historic rights.
'GLOBE AND MAIL' ALSO
The authenticity of the Province report was reinforced by an article in the Toronto Globe and Mail from its Washington correspondent George Bain.
"The Canadian government has surrendered a point upon which it strenuously insisted at the law of the sea conference in Geneva in 1958 and 1960 — that US fishing rights within 12 miles of Canada's coasts cannot be maintained unlimited and in perpetuity," Bain stated flatly.
"Both external affairs minister Paul Martin and fisheries minister Hedard Robichaud said (in Washington December 4) that historic
See 12 MILE LIMIT—Page 8
The news, not unexpected in spite of repeated assurances to the contrary by federal fisheries minister H. J. Robichaud, came in a telegram this week from Barry Mather, New Democratic MP for New Westminster. „
"Dryer after all has resigned as fishing arbiter," Mather said in his December 10 telegram. "Minister received notification last Friday i December 6).''
Mather said that he and Frank Howard (NDP, Skeena i planned to question the minister on the ! matter in the House.
On the same day, in reply to a telegram from the Union, Robichaud said that "Dryer has notified me accordingly. Attempting to contact Peterson on matter."
DRYER STAND CLEAR
The Union's wire to Robichaud of December 10 noted that a letter received from Mr. Justice Dryer dated December 3 had made it clear his assignment as a trustee over Great Lakes' maritime unions would occupy him for some time.
Dryer indicated that in discussions with Robichaud and Peterson, he had suggested appointment of a replacement.
"In discussion with the ministers," he wrote the Union on December 3. "I made it clear that I had not resigned although I expected that the parties would ask for a replacement. That is still the situation."
In spite of what has been obvious for nearly two months, that Dryer couldn't act in the dispute, federal fisheries minister H. J. Kobichaud as late as November 26 was telling the Union that the judge would continue in his role as arbiter stating:
"I personally contacted Mr. Justice Dryer (November 261 and he has assured me he is still in a position to carry on as arbiter . . . i cannot interfere because the matter is in the hands of the arbiter." But on November 15. based on facts available at that time, The Fisherman carried a story reporting Dryer's withdrawal from the arbitration proceedings.
The Union has been pressing for action or. the arbitration issue since the strike ended August 4 on the clear understanding that the arbiter would decide what issues were in dispute and what disposition he would make of them.
FRUSTRATION
The intervening period has been one of frustration for the Union with preliminary discussions arriving at no solution and both Robichaud and provincial labor minister L. R. Peterson attempting to duck their responsibilities in the blatter.
Both ministers proposed arbitration as a solution to the strike and this was accepted by the Union and the Fisheries Association.
Both groups, however, have their own views of what issues should be arbitrated, the canners saying arbitration should be confined to the price to be paid for pink salmon, the Union insisting that it cover all issues in dispute.
On August 1, it will be recalled, federal fisheries minister Robichaud sent a wire to the Union and companies stating that "If both parties cannot reach agreement as to scope of arbitration, we suggest final decision would be at the discretion of the arbiter."
On the same day, BC labor minister Peterson wired the Union that "In default of agreement on terms of reference, if matters in dispute are submitted to arbitration, arbiter car. settle terms of reference
after consultation with both parties."
The Union has consistently stated its willingness to abide by the proposals contained in the telegrams from the ministers but canners have backed down from this position and want only the pink salmon price arbitrated.
The ministers have taken a hands off attitude in spite of their obvious responsibility in the dispute. ONE MEETING
One meeting was held between
the Union and the Association with Mr. Justice Dryer on August 9, attended by counsel for both groups and representatives of the Union. Company spokesmen did not appear.
The Union invited the Association to affix its signature to a joint statement agreeing that Dryer would be sole arbiter to:
"(1) To hear evidence and submission from both parties, on a
See ARBITRATION—Page 8
Out Only 564 Cases
Herring Men Meet Jan. 7
Annual meeting of the Herring Welfare Fund has been called for Tuesday, January 7, at 1 p.m. in the Fishermen's Hall.
In addition to dealing with Welfare Fund problems, which include a survey of the Fund's standing and discussion of claims, the meeting will deal with other important matters.
The herring committee will report an fines, crew complements, and grievances.
WRITES MINISTER
Mather Presses For Aid
Granting of immediate financial aid to fishermen in need of it on a basis similar to unemployment insurance, and initiation of a winter works program by the fisheries department are being urged on fisheries minister H. J. Robichaud by Barry Mather, MP for New Westminster.
"As you know, a number of lower mainland BC fishermen are facing financial hardship due to what, from one cause or another, has been the near complete closure of chum salmon fishing," Mather wrote Robichaud last month.
"No doubt, a strike was a factor in the situation. However, it is clear that even without it the declining volume of chum salmon and the consequent closure on fall chums to enable escapement for reproduction would have resulted in much the same situation that now exists.
"The fishermen would have had a very poor season and many would not have had sufficient stamps to qualify for unemployment insurance."
Mather also supported Ladner UFAWU Local's proposal for re-introduction of the dogfish subsidy program to provide employment.
Fisherman s Wife Contest Winner
"Well, isn't that lovely," was Mrs. Marie (Mickey) Mitchell's delighted comment when The Fisherman phoned her on Thursday last week to inform her she had won the $75 first prize in the paper's annual salmon pack guessing contest.
Mrs. Mitchell, wife of William J. Mitchell, North Burnaby herring and halibut fisherman, was remarkably close in her estimate. Her guess was 1,200,342 cases, only 564 cases short of the total pack
MRS. MARIE MITCHELL
. . . she won $75 in annual contest sponsored by The Fisherman.
figure of 1.200.906 cases reported by the fisheries department.
Told that her prize cheque would be in the mail in good time for Christmas, Mrs. Mitchell said. "The money will certainly come in useful. My husband hasn't been doing so well on the fishing lately."
Mitchell, a foundation member of the United Fishermen and Allied Workers Union, was fishing halibut on the Laredo earlier this season and came in on the Tatchu for the Christmas herring layup last Friday to learn of his wife's good fortune.
"I got the kids to fill in entry forms, too," added Mrs. Mitchell— she has a 16 year old son, David, and a 13 year old daughter, Iris — "but their estimates were much lower than mine. I thought they would be far more likely to win."
Winner of the $15 second prize is Jim Ross, Steveston gillnetter and secretary of Steveston Fishermen's Local.
His estimate of 1.195.736 cases was 5,170 cases short of the actual figure, a smaller margin of error than last year's first prize winning guess, which was 6,521 cases below the 1962 pack total.
Third prize of $10 goes to Gerald Shanks of West Vancouver, cannery worker and tenderman for C. F. Millerd, who overestimated the pack by 7,094 cases with his guess of 1,208,000 cases.
Runners up, but out of the money, are Charles H. Green of Vancouver, with a guess of 1,192,-830 cases, and Felix Grant of Kita-maat, with a guess of 1,210.372 cases.
Herring-Salmon Report Readied
Union Committee Meets Fisheries Dep't Officials
The fisheries department is studying the effects of herring fishing operations on immature salmon and expects to have an interim report ready before the United Fishermen and Allied Workers Union holds its annual convention next spring.
Pacific area fisheries director W*. R. Hourston made this statement to members of the Union's standing committee on fishery regula
tions who met with department officials November 29 to discuss resolutions referred from the Union convention last March. Terming the use of lights to catch
ies to reduction plants.
"The fishermen feel they can catch herring in areas and at times which would avoid the taking of immature salmon," he said.
"Where there is any doubt, the salmon should be given the benefit of it."
Hourston objected that too large
hfurinf u"higny detrimental t0|a staff would be required to make other fish of all species, one reso- such a check at e reduction
lution urged the department to continue its study of "pitlamping for herring as it affects stocks" and asked for a report by the end of the current year.
A second resolution pointed out that herring seiners were known to take salmon smolts during their operations in some areas at certain times of the year and asked the department to maintain a close check on the smolts during their seaward migration.
"If they are found to be present in areas where herring seining is being carried out, then the areas should be closed to herring seining or dragging until all the young salmon have moved out of the area," the resolution stated.
It also asked the department to issue a report by the end of the year.
CAN BE AVOIDED
In presenting the resolutions, Union secretary Homer Stevens, as spokesman for the committee, stressed the need for thorough examination of all herring deliver-
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COMING EVENTS —page 8
plant. But, he said, the department had four men examining all deliveries to BC Packers' Imperial plant around the clock.
"The result of our investigation shows that the number of young salmon caught in every hundred tons of herring varies from none to several hundred," he reported. MIGRATION PROBLEM
In addition to coho grilse and young spring salmon caught in herring operations, he said, pink and chum salmon smolts presented
See FISHERIES MEET—Page 6
Strike Policy Parley Slated
A two day conference to review strike policy and recommend future policy has been called by the general executive board and central strike and policy committee of the United Fishermen and Allied Workers Union.
The conference will be held in Fishermen's Hall, opening at 9:30 a.m. Sunday, January 5. and continuing Monday, January 6.
It will be attended by delegate members of the central strike and policy committee, strike captains and additional delegates elected by locals, as well as members of the Union'6 general executive ^lltll!IUItJ<illlfHHIi[fll!JII!|llll<rlJ!||ltfli||(f|||l!Ii(f!Mlfltlllllflli'{HtlfMffflllii;.......!HrillirrP' tio^itcl.