PRINCE EDWARD ISLAND LEGISLATIVE ASSEMBLY Speaker: Hon. Francis (Buck) Watts Published by Order of the Legislature Standing Committee on Agriculture and Fisheries DATE OF HEARING: 4 MARCH 2016 MEETING STATUS: Public LOCATION: COMMITTEE ROOM, J. ANGUS MACLEAN BUILDING, CHARLOTTETOWN SUBJECT: BRIEFINGS ON SHELLFISH INDUSTRY, AND OFF-ROAD VEHICLES RE: AGRICULTURAL FIELDS COMMITTEE: Pat Murphy, MLA Alberton-Roseville [Chair] Dr. Peter Bevan-Baker, Leader of the Third Party, MLA Kellys Cross-Cumberland Bush Dumville, MLA West Royalty-Springvale Sonny Gallant, MLA Evangeline-Miscouche Colin LaVie, MLA Souris-Elmira Hal Perry, MLA Tignish-Palmer Road Brad Trivers, MLA Rustico-Emerald COMMITTEE MEMBERS ABSENT: none MEMBERS IN ATTENDANCE: none GUESTS: PEI Shellfish Association (Brenda Campbell; James Wagner); Randy Pitre STAFF: Ryan Reddin, Clerk Assistant Edited by Parliamentary Publications and Services Agriculture and Fisheries 4 March 2016 The Committee met at 10:00 a.m. We’ve remained productive on this Island for 150 years. We use the same traditional methods of our ancestors using handheld tongs with the oysters. We still go out and dig a clam the same as you would going down to the shore years ago for a feed or whatever. It’s the same traditional methods used. Our Island waters produce the best shellfish in the world and we’ve never been challenged on that, and until somebody proves us otherwise we’ll stick to that one. Chair (Murphy): I’ll call the meeting to order. I’ll welcome you all here today. The first thing we need I guess is an adoption of the agenda. Any additions or deletions? Mr. Dumville: So moved. Chair: So moved by Mr. Dumville. The wild public shellfishery on Prince Edward Island is oyster, soft-shell clams, bar clams, and quahogs. Our shellfishery supplies 75% to 80% of all adult oysters going to market in this province; 100% of the clams and quahogs. There are estimations out there that it’s 60-40, 70-30. But the last documented – and that’s what we rely on is documentation – is 75% to 80% when you buy a – if you buy a feed or a hundred-count of cultured oysters, 75% of that box came from the public fishery. We have before us today the PEI Shellfish Association who is going to do a presentation. Welcome, James and Brenda. Before you speak if you just say your name for the record. I guess what we’re going to do is the presentation is going to be in sections so after each section we can ask questions then. Brenda Campbell: Just to keep everybody on topic. Sometimes – James Wagner: No, it did not. Chair: People stray off topic. Yeah, we have a few of them around the table here that might do that. Brenda Campbell: Seventy five to eighty. James Wagner: Not when you buy cultured. Brenda Campbell: Yes, and I’m hoping you as Chair will – you can direct that to me too because sometimes I can rattle on pretty good. Brenda Campbell: Yes, it is dear. James Wagner: Okay. Chair: Okay, you can go ahead with your presentation. Brenda Campbell: The PEI Shellfish Association has been the voice for the wild shellfishery industry since 1970. Brenda Campbell: Brenda Campbell, president of the PEI Shellfish Association. The history of our oyster industry in Prince Edward Island is a fascinating story of overcoming adversity and using disaster as sometimes a springboard to a prosperous and reliable future. The lengths to which people who are involved and have been involved in the industry will go to ensure the success of the industry is very impressive. Although the early years of the industry were defined by hard times and uncertainty due to poor management of the resource – and that’s quite a few years ago – the period from 1915 on would be one of discovery, advancement, and cooperation. James Wagner: I’m James Wagner, vicepresident. Brenda Campbell: Thank you to the committee for giving us some time here. We’ve gone high-tech. I’m going to do it by PowerPoint and I’ll begin. This is basically 2015 in review. Success is not without its challenges, and a little bit of history – I’m not sure if everyone around the table knows who we are, what we do, and that’ll blend in with these charts. That information will flow through, we hope. Enhancement strategies that were developed in the last 10 to 20 years have given the wild public shellfishery a brighter future. The The wild public shellfishery, that is the main focus of the PEI Shellfish Association. 55 Agriculture and Fisheries 4 March 2016 tactics that were used to promote the reproduction of these oysters that were immune to the disease which was once known as Malpeque would become the foundation for this modern industry. opposed and remains strongly opposed and we did state on record that we were opposed. On January 20th it was decided that that recommendation before you, with amendments, would be going to the Department of Fisheries and Oceans for a decision on the recommendation whether to go forward or stop or whatever. A meeting was scheduled that day among lease management board members and observers or whatever to set a date on everyone’s calendar. February 17th was the day that the decision was to come down. From the PEI Shellfish Association’s point of view, engagement is a powerful tool for any industry, and it is vital for our association to participate as a valued organization on boards, at workshops, with government, with agencies, in planning for the future of our shellfish industry. All decisions made in relationship to shellfish industry development on PEI have the potential to impact the wild public fishery. Everything that happens in the waters of Prince Edward Island, especially the in-land waters, has an effect on we as fishers. On Islander Day, that Monday evening, I received an email – and Stanley Casey is our representative on that board – that the meeting of February 17th was cancelled due to conflicting schedules. Itthhas now been rescheduled for March 30 . From an association point of view we’ve received suggestions on the same slides saying this is why this is good for you. It is not – we’d been told that there are studies out there that multi-species does work, that it is done in other jurisdictions. Our role must be meaningful, respected and valued in these processes. Our voice, if heard, will benefit harvesters, small business, rural communities, and the overall economy of PEI. Our industry is very nomadic, transient. I live in Tyne Valley. I can go to Howe Bay and fish oysters. I can go to – really, as long as the area is open – we don’t have zones that we’re restricted to. We can go anywhere, to any estuary, find our resource, fish the product, and we have a job. For the last two years we have tried searching Google, we have tried searching the DFO site. Multispecies, add a species, nothing comes up, but if you type in “integrated multi-trophic management,” wealth of information there. Studies have been done. I spoke to a lady in BC. I have her name and documentation here. They did do a study in BC. They did do a study in New Brunswick. They’ve done studies in Nova Scotia. Cooperation between the shellfish association, both levels of government, federal and provincial, and other shellfish and funding organization can only result in one important goal: a healthy, productive shellfish Industry on PEI for everyone. What’s up there on the screen is an integrated multi-trophic IMAT right there. What that is is species that perhaps – okay, take, for instance, mussels. They poop a lot. You put a sea cucumber in there. It’s living off the byproduct of something that may be not so – they feed off of one another, sort of. But they live, they complement one another, and they have the ability to coexist from an environmental point of view, I suppose. Multi-species update. This would be the largest elephant in the room so thI brought that to the forefront. On January 20 you’ll see before you a potential – we gave them copies, did we? – the potential amendment to the add a species policy. That was provided to us by the chair of the lease management board I guess to inform our membership, for industry. Information for industry is what they put it as. Since 2014, when our association became aware of this situation – and it wasn’t perhaps so much as – initially we believed we were blindsided. We weren’t blindsided. It was just the decision of the day to go along with it. But as an association that represents a firm membership, our membership is strongly Fishers on Prince Edward Island have known for years – mussels and oysters – I don’t fish – do you go on lots of grounds to fish oysters? Would you even consider going near a mussel – 56 Agriculture and Fisheries 4 March 2016 James Wagner: No. I guess where a fisherman is coming from is we don’t want to close our eyes and hope for the best here. We just want – what is the socioeconomic impact on the Jameses, on me? I have a fishing license. In my mind that’s my retirement, but the way things are going I don’t think in five years you’re going to be able to give them away. If you think about it, right? They’re of no monetary value if the industry is not there. Brenda Campbell: Because mussels and oysters do not complement one another. That’s just from a fisherman’s point of view. We might not know much, but by the lifting we can go out and we can make a living. We can keep our families going. If there’s studies out there are we not, as an association – should we not have the same information that everybody else at the table has? We’ve had comments: Don’t worry, there’s a market for standards. Eight to $10 a peck, $10 to $12 a peck. It’s not going to – would you be able to survive on that? One peck of oysters is one hundred count. We usually fish four peck boxes. We fish 400 oysters in a box, average. If I go to a processor, that processor will give me a certain amount. I think it’s 24 for the choice. Out of frustration, on January 21st Stanley Casey – who is our representative – myself, James was in consultation, we sought legal advice on the multispecies. We’ve sent a letter to our new federal minister, the hon. Hunter Tootoo. We’ve asked for a ministerial directive and/or order to cease this process. James Wagner: Twenty-four, yeah. We’ve been talking about it now since 2008. If you think back, if it takes seven years to decide whether it’s good or bad, why should it take seven years? If it’s a really good idea why isn’t the information out there? If I think I have a good idea and I’m really proud of my idea, then I’ll spread the word, spread the good news. I think this where our association is coming from. Are we opposed to multispecies, adda-species, multi-trophic? We’re not opposed to it. We simply don’t know what the economic impact on our industry will be. We do not know what the impact on our environment will be. Brenda Campbell: In that box is a choice. There’s the really the pristine ones and there’s standards. In the spring you’d be lucky to hit – some fishers are lucky to hit $50 a box in the spring. James Wagner: I never held an average of 40 (Indistinct). Brenda Campbell: Yeah, you know. It’s a very complicated industry, but I think sometimes the complications are coming from – personally, I feel as president, the last three years has been more complicated than I feel it needs to be, which our membership totally (Indistinct) should be. Our oyster industry here on Prince Edward Island is here because of sound stewardship. Yes, somebody might have made a few mistakes along the road, but it’s there because – if you’re not a naturalist, in a sense, and you’ve got no regard for the environment, you are not a fisher, you are looking for a quick buck. Okay? It’s the people that are in it in the long haul that are saying this is not – have we been consulted? Yes. We were at tables. Do we feel fair and equitable at those tables? Oftentimes not. This past year I've attended I would say over about 120 meetings, some of which are on days that I should have been out on the water because other people’s schedules do not kind of go with the tides and seasons and stuff, but that’s fine. If it’s important to you, you’ll take the time. Traditionally on Prince Edward Island, any decisions from the lease management board, the area director of the DFO here in Charlottetown or Moncton or Gulf or whatever has the authority to sign off with discretionary power on behalf of the minister. I’m not sure if I read that right, if I said that right. The letter to the federal minister was a matter more of frustration. We’ve had regional meetings all through 2015 attended by people that traditionally wouldn’t go to a meeting if you paid them to be there, but they’re there, so it matters to them. Our instruction from our membership is: You take whatever measure’s necessary to get the 57 Agriculture and Fisheries 4 March 2016 information we require to make an informed decision. I guess one of the main reasons for presenting here today is: Has there been changes to that? I guess I’m asking the standing committee: Is that a recommendation that anybody accepted? Fishermen believe that the standing committee here today or whoever’s at the table is still in support, and if not, why has that changed? Do you guys have information that maybe we don’t have? Right now to date we’ve received more opinions and how certain people would like to see this going more so than factual information. This is an industry that’s so – it’s low cost to get into, really. We need investments into our people sort of thing. As I say on that slide there, March 16th at our annual meeting, I have no more information that we had at the last public meeting in Ellerslie in November, so I’m open to any suggestions. If you can get me the information I’d be more than proud to sit down with you and – maybe we can’t get the information, maybe thisthbody can, I don’t know. But on March 16 any suggestions on what we tell our harvesters – you’re standing there, they want to talk multispecies, and you have zero information to give them. Why is that? That doesn’t make any sense to me whatsoever. It’s just not the way things should be working. If it’s true consultation, if it’s true partnerships or whatever – there’s more to consulting. It’s a two-way street. You can’t communicate one way and not have it flowing back to you. We’ll close off with that and you can ask questions. Chair: Colin has a question. Mr. LaVie: Thanks, Chair. Thanks for coming in and presenting a good presentation right from the heart as a fisher, both of you. I’ve heard your presentation before. This has been an ongoing issue and it’s at the table again. How many fishers are there? Brenda Campbell: It’s hard to determine because now federally – you used to be able to go onto the DFO site. Some of these I know is a balance between federal and provincial, right? But you used to be able to go on the site and see how many licenses there are. The last information I’ve accessed is as at December 2013 there were 1,275 coastal. Now, my information from DFO at that point was coastal meant the shellfish, but then it does not include core fishers, because most people with a lobster license – we don’t just fish one species. I guess this multispecies will not be settled anytime soon that I can see. I have no idea what’s going down on March 20th. There’ll be no information transferred until prior to th the meeting on March 20 , that was – sorry, March 30th. That was quite clear on the announcement. I assume the decision’s coming down. No idea, because there’s been no response from anyone. You talk multispecies, you’re not – we can’t get the information. Last spring there was a delay in the lobsters. Those guys went oyster fishing, but then we had the delay, too, so it kind of – Butth I would, to close that off, on November 26 , 2014 we presented to the Standing Committee on Fisheries, Transportationth and st Rural Development, 1 Report of the 5 Session, 64th General Assembly, committee activities number 7: James Wagner: Balanced out last year. Brenda Campbell: We found out more about who actually is – not everybody with a lobster license fishes the oysters, but we had more of an idea last year with the phone calls. Because their season was cancelled they were going to go oyster fishing and then were wondering if we got our delay last year. Our association asked for a delay in the oyster season last year and we were granted permission for that. “Your committee recommends that the PEI Aquaculture Leasing Board and Fisheries and Oceans Canada continue to suspend applications for adding oysters to mussel leases until a broad impact study can be completed on the potential environmental and economic effects of the ‘add a species’ policy.” 58 Agriculture and Fisheries 4 March 2016 Did any of us not want to be on the water making money? Yeah, we did, but at the time, just because it was May 1st with the ice conditions last year, nobody told the oysters it was May 1st. They were still down. They weren’t up. It wasn't their cycle, right? We just thought, okay, for seven days. It wasn’t a mandatory delay. We asked for it. who owns this lease. I’m out on the water and there’s a buoy and a number on it. Who owns this lease? I can get that information, but the licenses – James Wagner: No. (Indistinct). Brenda Campbell: They say they have to go through freedom of information. There are also a number of communal licenses. Each band here on PEI has what they call communal licenses. There’s no record. We would have no idea of how many communal licenses are out there. They’re usually done in three sections, am I correct? James Wagner: Falls under (Indistinct). Brenda Campbell: That’s our information that that’s – James Wagner: It falls under the privacy act more than anything. James Wagner: (Indistinct). Brenda Campbell: Yeah, so – Brenda Campbell: Spring? You can get a spring license. You can get quahogs in June and then you can get a communal license for the fall. Some people get the whole set, but they’re kind of dealt out in increments so it’s very hard to determine what numbers are out there, right? Mr. LaVie: Brenda, you might not be able to answer this next question, but in dollars, what is the oyster fishers’ worth to Prince Edward Island? What’s it bring into the economy of PEI? James Wagner: Rough estimate? Little over 2,000. Brenda Campbell: The average fisher – fishers make a – we make a good, I think I have that here – Brenda Campbell: Yeah. Mr. LaVie: Spinoffs and everything. James Wagner: Rough estimate. Mr. LaVie: Oh yeah? Brenda Campbell: With the spinoffs and stuff. Like, we work 20-24 weeks a year. st and it ends Our season starts May 1 December 1st. Brenda Campbell: Yeah, yeah. If you included everybody, right? James Wagner: Yeah, (Indistinct). Brenda Campbell: December 1st, right? th May to July 15 we do what we call the spring fishery, quahogs and oysters. Once the spat runs in – Then you take those 2,000 people – some families it’s a partnership. Partners are out there fishing both sides, like, have done it for years. From a fisher’s point of view I can be on the same boat, sell to the same processor, and I don’t know if – I think it’s because Wayne fished longer, but he always used to get more for his boxes than I did, but you’re on the same bed. It’s determined on grade what you make. James Wagner: July. Brenda Campbell: – July,thwe take a thbreak. There’s three days, July 15 to the 20 ? James Wagner: Eighteenth, the three days. James Wagner: The variation is too wide of a gap between fisher to fisher. Brenda Campbell: The three days. Then it’s clams and quahogs. Then it’s the fall fishery September 15th, which takes us to November. Brenda Campbell: Yeah, yeah. In 2013 those were the stats that came out of DFO. But now with freedom of information you can’t find out who – I can find out. I can phone the aquaculture division and find out Not all of us are out there 24 weeks, but you’re out there if – I know some people are 59 Agriculture and Fisheries 4 March 2016 on a – they’ve mentioned that fishers, they’ll go on unemployment, right? You don’t file for your unemployment till October 1st. You can’t. I can’t say: Well, okay. You’re very limited on the weeks. There’s only certain weeks. The weeks that we are on unemployment are the weeks that the ice is out there and you couldn’t go fishing if you wanted to. One of the comebacks or one of the debates that comes from that is we’ve mentioned there are fishers out there that are quite offended that these spat lines are in our waterways choking our waterways. There’s some belief that they shouldn’t be there because they’re catching there but they’re going to be removed so they’re not in that system anymore. That’s what makes it so complicated because everybody had different seasons. A lease holder, they go from – One of the comebacks has always been: Public ground, you don’t own the top of the water. Really, public ground is public ground. It’s public ground whether it’s high tide or low tide. Whether you can see the ground or not, it’s still public fishing ground. When the root stock is there and the oyster is going through its natural cycle and spitting out its spat, those little spat are just swimming, being taken in by currents back and forth, and the spat connects to the first hard surface they can find. They search for something to connect to to grow and there is science based on that. James Wagner: Year round. An Hon. Member: Year round. Brenda Campbell: Year round, but from May 1st to July 15th during their spring season they can’t start their lease till August 6th in clean water. James Wagner: Without permits. Brenda Campbell: Without permits. So it’s just so many – it’s complicated, but it doesn’t need to be this complicated, I guess. With those tides coming in and out, that’s why you find oysters in areas – for instance, Murray River. I’ve had reports from fishers that fish down in Murray River, they’re saying: Brenda, we’re finding oysters where they never were before. That’s just Mother Nature, right? We strongly believe that if this goes ahead with the ground that’s out there – if the resource is produced in the cages they are nice – there is a demand for the market. The one key thing in this whole equation that I haven’t heard too much about has been – yes, there are markets out there, yes, we need room to grow – but there’s not one forethought for regeneration. Chair: Bush Dumville has a question. Mr. Dumville: Brenda, I’m just trying to get my head around this. I’m not a fisher so excuse me. Spat lines for lease holders are oftentimes put on our public ground. They get special permits to put spat lines onto our public ground. Lease holders, in our mind, are private landholders. If I want to expand – I own a property. I want to, I don’t know, I’m growing carrots or something and the carrots – I’ve got lots of market for carrots. Can I go onto your property and start planting my carrots? For every ounce of spat that hits those collectors that are then transplanted to another area is spat that is not naturally reproduced. Am I making sense? Brenda Campbell: Yes. Mr. Dumville: Colin asked a question regarding how many licenses there were and then (Indistinct) 175 and then we talked around 2,000. How many do you have in your membership? Brenda Campbell: Right now we have 302. Mr. Dumville: Okay, 302. Now, who’s representing the other side, like the sock industry? Dr. Bevan-Baker: Absolutely. Brenda Campbell: That’s kind of freedom of information too, I suppose. Brenda Campbell: If it’s not (Indistinct) – how can you move forward with no thought of regeneration? It makes no sense to me. Mr. Dumville: Are they – 60 Agriculture and Fisheries 4 March 2016 Brenda Campbell: We have no idea. only myself. We’ve read, we’ve re-read, because we’re searching for the information, and it’s not the information to kind of put things on our side to make us look good, we just want the information. Mr. Dumville: So they’re not in your organization at all? Brenda Campbell: To my – well, some of them are. This is where the debate has come – I do know that they – to my – the last information that we received was there were 34 Island oyster growers. The explanation of November 10th, I have no idea. Like Stanley said, he’s not in the same – either our comprehension level is down or we’re not (Indistinct). The explanation here, this has nothing to do with oyster growers trying to – the multi – the leases that are being converted for oyster production, if it was a lease that you could choose your species – this whole thing is surrounding mussel ground and having the ability to produce oysters. Mr. Dumville: Okay. Brenda Campbell: Now, we do have oyster growers that access our facility. We have a good relationship with the growers. I think somewhere along the line there’s this vision that we don’t have a good relationship. We have a good relationship with the Island oyster growers. Like we have and we always have. But if you have a top-culture oyster lease and you want to convert to mussels you’re not allowed to do it. If you want to put another species on your lease, you’re not allowed to do it. This is specific to – so it’s either good for all – like, you know? If it’s to add a species that means – one small table doesn’t pick and choose what species should be integrated together, right? You know what I mean? James Wagner: Yes, right. Brenda Campbell: It seems that these divisions have come from – none of us really know. I firmly believe they have no more information than we have. Mr. Dumville: You had a concern, something about the natural evolution of the spat coming and going into the water and all that sort of stuff. Is the fish farming approach, is that a threat to the product? Mr. Dumville: Okay. Are you trying to get clarity? Do you see it as a threat that these lease grounds are expanding? James Wagner: Oh yes. Brenda Campbell: Not if it’s done in cooperation with – don’t do it and say: This is the way it is, like it or lump it. We at Ellerslie, through our oyster development program, we apply for a spat license, but those spat lines are on our water lot. We don’t say: You guys are catching more spat over there, I’m going to move my line over there. We own the water lot and we own a lease. Mr. Dumville: Is that a threat? Brenda Campbell: It’s being expanded by people that have no business in our industry. Mr. Dumville: Now, is it also a threat that, okay, they’re doing mussels on their socks now, and you see it as a threat if they do oysters on socks? Brenda Campbell: No, that’s not – the thing – see, the ground that’s being accessed – the leases that are no longer produced are productive for mussels. They want to grow both species on the same lease. Mr. Dumville: So what are you asking for? Like, a definition for your industry and a definition for the others that are doing it more in a larger commercial venture? Mr. Dumville: Okay. Brenda Campbell: But see, it’s not about the commercial venture, Bush. I as a leaseholder – I own a small lease. I as a leaseholder – each lease that gets approved has a site development plan. You have to report every year. If you’re not following your site development plan – Brenda Campbell: Even in November when Minister McIsaac and John Jamieson presented before this committee, when I read the deputy minister’s explanation to this committee on add a species – and not 61 Agriculture and Fisheries 4 March 2016 James Wagner: They can be revoked. James Wagner: Yeah, they’re talking five year – you mean renew the mussel lease, their contract? Brenda Campbell: – they can be revoked and it goes back to the Crown. Mr. Dumville: Yeah, like (Indistinct) – The biggest thing that’s happening here is this non-productive – or what’s identified as non-productive, and I’m not sure what process they use for non-productive – they want the ability to grow oysters on former mussel leases. We have that. We had the area director Don Cherry and Lori Cuddy come to our board meeting and explain to us it was former mussel leases they were going to convert to oysters. James Wagner: It’s usually in 20-year (Indistinct). Brenda Campbell: Yeah. I have a small lease in Johnstons River. I’m good for 30 years. James Wagner: Twenty. Brenda Campbell: No, it says 30 in my contract. If a mussel lease is not producing it should go back to the Crown. Let the current oyster growers, the ones that have – I mean, they put the blood and sweat into the farming. Most of your Island oyster growers, if you look down in – James Wagner: Oh, I thought it was 20. Brenda Campbell: So – James Wagner: (Indistinct). James Wagner: History. Brenda Campbell: He thinks it’s 20, I think it’s 30, but why is that? Do you see our point? This isn’t about – there is a division in the industry right now, but it’s more – Brenda Campbell: – in the history of our association, every bloody one of them started with the PEI Shellfish Association. We don’t have – I think the issue is being misskewed. James Wagner: This industry can’t grow. It’s given opportunity to – Before the multispecies those mussel leases weren’t worth nothing and they would be back in the hands of the DFO. When this multispecies came up in 2008 those leases are now going for $10,000 to $15,000 an acre. Yesterday it wasn’t worth nothing to the mussel grower. You give it back to the Crown. Now, ching-ching! I mean, I can’t put it anymore simpler than that. Brenda Campbell: But then you look at the public fishing ground. We have lots of room to grow. We’ve been administering the oyster development program for the last 20 years. We’ve been operating on up to – I do know that even our membership gets confused with this one. But our agreement with our province of no matter who was in government was up to a maximum of $100,000 toward our oyster development program. James Wagner: And the average mussel – Brenda Campbell: It was worth nothing before this multispecies. That lease was worth nothing. In actual fact our program, the budget starts out at $111,111. A hundred thousand comes from the government, 11,000 comes from what we call the oyster commodity group. But the last three years, and I only went back three years, that project has been overbudget on our end because we have to spend the money first. When there's an announcement that we’re going to get this money we don’t get a cheque for $100,000. We have to spend $100,000 and then we get it back. But you also have to be in a position where you got the $100,000 to spend in the first place. Mr. Dumville: They have to renew every year. Brenda Campbell: And the – Mr. Dumville: How many years are they allowed to renew? Brenda Campbell: They have a five-year plan don’t they, or something? 62 Agriculture and Fisheries 4 March 2016 A lot of this is just common sense, but you do it because you know it’s important and you know it’s important to the fishermen. Every fisherman believes that for every dollar spent in enhancement it’s $8 returned to them. That was determined in 2010, so I think that’s gone up a bit. Dr. Bevan-Baker: – but I know many fishers and I know that their concerns – I think the top three concerns were enhancement, water quality and effluent – I can’t remember what the third one was, but it – Brenda Campbell: It’s the moratorium. The trouble is when there’s a closure, when people have to move to concentrated areas, we only have the ability to spread so much seed each year. We do the best we can, but one of the top priorities of our fishermen is increased enhancement activity. Allow other people to grow. Allow us to grow, too. Because we can coexist, we do watch out for one another, and really most leaseholders, most growers, have a public license, too. Dr. Bevan-Baker: Okay, yes, on multispecies. I hear all of them are concerns about conserving this precious resource that we have. Can you tell me what concerns you have about the introduction of disease by bringing spat in from, for example, other provinces? Chair: We have another question from Peter. Brenda Campbell: Totally, absolutely – James Wagner: Dead set against. Dr. Bevan-Baker: Thank you, Chair. Brenda Campbell: – dead set against it. Number one, it wasn’t until – and I wasn’t talking to Pat, but remember I called Robbie Henderson that evening? First of all, thank you for the presentation. You mentioned during the presentation that – and these were your words, Brenda – we don’t know much. Unidentified Voice: (Indistinct) I disagree. I absolutely disagree. I think there’s a tremendous depth of knowledge when you’re talking about generational, local traditional knowledge of how these things work, and I think you know an awful lot more than perhaps the scientists do. Brenda Campbell: That still absolutely infuriates me. There is seed. Number one, I guess, there’s where I go back to I don’t know much. I didn’t even know that was happening. I’ve done some research on it, written a letter on November 21st to DFO – Often when we try to imitate, to mimic, nature or – heaven forbid – the thought that we can improve on nature, things go horribly wrong. There’s all sorts of examples of how scientists and humanity have tried to improve on nature and it’s backfired on us because it’s far more complex than we understand, and there’s lot of elements and nuances and subtleties that we nor the scientists understand. Dr. Bevan-Baker: So just for clarification, Brenda, the issue you’re talking about is the importation of spat from other provinces. Brenda Campbell: Oh yes. Dr. Bevan-Baker: Is that what you’re – Brenda Campbell: Big time. Dr. Bevan-Baker: Okay, I just wanted to make sure that’s what you’re referring to. I think what you’re saying here is that this industry that has been providing thousands of jobs in rural Prince Edward Island for 150 years is a fragile industry and we have to look after it. My concern is the introduction of disease. I’m not a fisher either, Bush – Brenda Campbell: I notice that I go back to 2014 – at the 2015 presentation – we also have hatcheries in place in New Brunswick. Who’s we? That’s the deputy minister’s word. Who is we? Brenda Campbell: Thank you for bringing that up. There was an oyster seizure October 22nd, 2015, and really in my next life I’m going to 63 Agriculture and Fisheries 4 March 2016 be a telemarketer just listening to people phone with complaints. Because between cell phone, email, and people ending up at the door – like, this seed was seized in West Point. Accolades to the Department of Fisheries and Oceans. Through the roundtable last month I found out that an individual is charged, but really that’s not what offends me as much as that seed came over. It’s in the bottom of the Foxley River. this province to allow that to come over just because – this is all about money. It’s got nothing to do with resource. It’s got nothing to do with renewable or anything like that. It’s got to do with, right now, the markets are strong. People want in on the action. But with every boom there’s a bust and we could very well be, this time in five years, where the people heading out to Alberta, there’s nothing really to go out there for anymore. I’ve asked numerous requests – written, verbal, phone calls – to Alberton, Charlottetown – I was looking for the certificate. Any seed that comes across, any interprovincial seed that comes across there, must be accompanied by a certified seed certificate. Really, that’s another thing that affects us because some of those guys that went out west, some of them have licenses and they’re going to be hitting the water. What else are they going to – you know, really and that’s fine. That was their choice, but – James Wagner: Health certificate. James Wagner: But they were dormant (Indistinct). Brenda Campbell: A health certificate telling us or telling someone that it is safe for our Island waters. We’ve done numerous researches and brainstorming on how to stop diseases from coming in here, such as MSX is in New Brunswick, it is in Nova Scotia. Why are we supporting hatcheries out-ofprovince when their own provinces have lost their wild public fishery? We are the only wild public fishery left in Canada and we have every intention of staying that way. Brenda Campbell: They were dormant licenses so that’s going to mean more in the water and more in the resource. We’re just saying what’s good for one has got to be good for all. Chair: Peter has a second question. Dr. Bevan-Baker: Thank you, Chair. That seed coming over under DFO regulations must be inspected by a health officer, must be accompanied by a certificate. Basically, we’re asking the questions: What information do you have to provide to me so I can allay fears? How did it get into the Foxley River? It was there before anybody knew it was there, number one. The source of the seed, when asked, quote: We know where it came from, don’t worry about it, he’s a good guy. Thanks for that, Brenda. You’re very clear on that and I appreciate that. I think we have something incredibly precious here. You mentioned also in your presentation that we have the best in the world and I’m not going to argue with that. I think we don’t do a great job of telling the world that. You’re competing with North Carolina oysters which are just a totally inferior product, but that’s who you’re competing with. Does that bring you guys any comfort? It doesn’t bring me any comfort. Once it’s here you don’t – I guess kind of like – you don’t – something about letting a horse out and then – I think that there’s an opportunity here to harness the Canada’s Food Island concept that we have and to really brand products on Prince Edward Island as very special because there’s a purity and there’s a – having a wild fishery, you just said, it’s – Unidentified Voice: (Indistinct). Brenda Campbell: Yeah, I had that saying down pat, but really I get really – this really – it’s offensive to each and every harvester. I don’t care if it’s oysters. I don’t care if it’s finfish. I don’t care – trout. It’s an offence to Brenda Campbell: We must have done something right or we would have been gone. Dr. Bevan-Baker: Yeah. 64 Agriculture and Fisheries 4 March 2016 Brenda Campbell: You know? Can you talk, perhaps, about the relationship – because all of these things are connected – between the farming community here and the potential impact that they have on our waterways? Also, in this case it was transportation and infrastructure, of course, and the – Dr. Bevan-Baker: I think there’s a real value in that and I’m just not talking in philosophical terms. I think there’s a dollar value in that that we’re not getting. James, I did the math on what you were saying, James. You’re getting $0.10 per oyster. James Wagner: I was up and met with Brian and a group from transportation back in late June, sometime there. We asked what would be the impact if there was a heavy rain and stuff (Indistinct), and they guaranteed us it wouldn’t happen. That was just engineers, I guess, more than anything. James Wagner: Yeah. Dr. Bevan-Baker: But when you harvest – I mean, whether you’re a primary producer of beef or lobster or potato or blueberries or, in your case, oysters, you’re getting a tiny return for all the graft that you’re doing. You’re out there in the water. You’re the ones who are doing the hard work. Chair: As fairness of time, we’d like to – we have another question from Colin and Bush. You still have more presentation left? Brenda Campbell: I was just – some of this – I felt this would keep me on task but it doesn’t. I need a workshop or something. I guess I’ll get some training here. Brenda Campbell: Even from a tourism point of view. Dr. Bevan-Baker: Totally. Chair: We do have a couple – we have Colin who has a question and Bush has a question, and if we could get those two questions then we can move on to the next segment. Brenda Campbell: There’s people that they see a dory out in the water, to them that’s – it’s symbolic of stewardship, of clean water. If we capitalize – like, instead of looking at, okay, we’re the last wild public – we should be looking at it as an opportunity because we could go tourism, we could go environment. There’s so many things out there that this brings to the table, sort of thing, spinoffs. Brenda Campbell: Yeah. Chair: If that’s all right? Mr. LaVie: Brenda, who sits on the board making these decisions? Is there a committee? Is there a chair? Dr. Bevan-Baker: I absolutely agree with you, Brenda. Brenda Campbell: Of the lease management? I have one final question and it’s relating to an issue that happened this fall in the Tryon River. Brian Campbell – I don’t know if he’s a – Mr. LaVie: Yeah. Brenda Campbell: Yes. Brenda Campbell: I have that with me today. Dr. Bevan-Baker: He is a relation of yours? Mr. LaVie: Who’s the chair? Brenda Campbell: Yes. Brenda Campbell: Lewis Creed. Dr. Bevan-Baker: I figured he might be. I know Brian fairly well and he called me down. I went to look at the problem that was there. We don’t know yet, but it looks like there might be a profound impact on the fishery in the Tryon River. Mr. LaVie: Lewis Creed is – is he a fisher? Brenda Campbell: No, he’s a consultant, I guess. Mr. LaVie: Okay. 65 Agriculture and Fisheries 4 March 2016 Brenda Campbell: And he is also at every funding table I go to – that brought it back to our board level. Since 2012 we have been looking at this multispecies. James Wagner: Shh. Ex officio is the chief aquacultural division, whoever is there at the time. Traditionally that used to be Lori Cuddy, but then she was bumped up to area director when Mike Cherry got transferred or – ex officio status for the executive director of the PEI Aquaculture Alliance. Who, by the way, represents the mussel growers and the Island oyster growers. So really there’s three – secretary administrative assistant. Now, there is observer status. The PEI Shellfish Association asked a year ago for permission for or acceptance of any sitting president sitting as ex officio. Any president of the association, could we get ex officio status. Brenda Campbell: Well, I’m just saying. James Wagner: (Indistinct) watch your language. Brenda Campbell: The PEI area director – Mr. LaVie: Who is that? Brenda Campbell: Right now everybody at 165 Yeo Drive is acting so it is acting area director Lori Cuddy, to the best of my knowledge. Mr. LaVie: Okay. Mr. LaVie: So all these people at the table get a vote? James Wagner: Or at least it was last meeting. Brenda Campbell: No, they don’t vote now. It’s by consensus. Brenda Campbell: Yeah. John Jamieson – well, deputy minister of fisheries, whoever that is. I just said John because he’s now – Mr. LaVie: It’s by consensus? Unidentified Voice: (Indistinct). Brenda Campbell: That’s what they said. Brenda Campbell: There’s a third government representative, but I believe that – Stanley and I have never really gotten a clear picture of who’s who around the room because sometimes you go and it’s the normal table and then other times it’s quite large. Mr. LaVie: And would their deputy minister get a consensus? Does he get a voter or a consensus or – Mr. LaVie: So you or Stanley were there for the fishers? Brenda Campbell: That’s the most confusing thing of all because – Brenda Campbell: Yes. Okay, PEI cultured mussel growers have one representative. Mr. LaVie: Lewis Creed wouldn’t get a vote or a consensus. He’s a consultant. Mr. LaVie: Who’s that? Brenda Campbell:, Yeah. It’s based on the principle of consensus, and if no consensus is reached a vote will be held. Brenda Campbell: Well – Mr. LaVie: – on this issue? Brenda Campbell: John – I forget John’s last name, to tell you the truth. Mr. LaVie: A vote shall be held? Mr. LaVie: He’s cultured, okay, John. Brenda Campbell: Yeah. Brenda Campbell: Yeah. I can get that to you though, Colin, or I’ll send it to Ryan. PEI oyster growers are represented by Jason Handrahan. The PEI Shellfish Association is represented by Stan Casey. He’s been there since 2012. He began in 2012. Actually, it was Stanley’s presence on this committee Mr. LaVie: So who all gets a vote, then? Brenda Campbell: A quorum of at least two industry and two government. 66 Agriculture and Fisheries 4 March 2016 Mr. LaVie: So government – it could be the deputy gets a vote? (Indistinct). Like Stanley says, I don’t even know – so really, what we saw and what we think is before DFO, maybe it’s not even that. I don’t know what the amendments are. He doesn’t know what the amendments are. Brenda Campbell: Yeah, he’s supposed to. That’s kind of what we were depending on. In all fairness, that’s what we were depending on. Mr. LaVie: One quick question. James Wagner: (Indistinct). Chair: Yeah, go ahead. Brenda Campbell: Based on the information we thought we kind of had support. Support is a lovely word to say, but it’s only seven letters and worth nothing if there’s no action. That’s just my point of view, and that’s going to be off the record or whatever. Sometimes I can get myself into trouble, but – Mr. LaVie: So you never saw an impact study yet. Brenda Campbell: Oh gosh, no. Mr. LaVie: Okay. Brenda Campbell: I’ve applied. I even had Canadian economic research council fund the socioeconomic. I had full funding through UPEI. Then it come down that it didn’t seem feasible at this time. James Wagner: (Indistinct). Brenda Campbell: Anyway, it is what it is. I can’t help it. Chair: Okay, I have a – Chair: Just for some clarification. The board is going to be presenting to us in the meeting of March 18th so any questions pertaining to that we could hold off and ask them if – Brenda Campbell: I had the funding. Chair: – question from Bush. Brenda Campbell: It was taken away. Brenda Campbell: Yeah, yeah. Mr. Dumville: Just a quick question. We talked about Nova Scotia seed coming in here. Can we naturally produce enough seed to keep our wild designation here on Prince Edward Island? Why are we importing? Chair: – if you so desire. Brenda Campbell: Because really, I can’t really speak for them. I just know that this is the way it evolved. Mr. LaVie: No, but you sit at the table. You sit at the board table. Brenda Campbell: Why are we important is Prince Edward Island oysters are the best in the world. Number one, they have the longest shelf life. Brenda Campbell: I’m there as an observer. Mr. Dumville: No, I don’t mean important. Mr. LaVie: No, but – Some Hon. Members: Importing. Brenda Campbell: Stanley is, yeah, Stanley sits at the table. Mr. Dumville: Importing. Brenda Campbell: Importing. Mr. LaVie: So – Mr. Dumville: Why? Brenda Campbell: Should Stanley not have seen – our last information when we left that meeting was that the paper before you, potential to amend, that recommendation with amendments was going to DFO for a decision andththe decision would come down February 17 . James Wagner: (Indistinct). Brenda Campbell: I don’t know why. It’s because – what? 67 Agriculture and Fisheries 4 March 2016 James Wagner: It’s because of the multispecies. They need product to start. That’s why there’s so much demand for seed coming in from – Mother Nature waits for no man. Really, this year it was just a matter of catch-up. That being said, 2015, we spread 26 loads which consist of 38 pans of two litres of oysters. We spread 26 loads from east – I have a list of the areas, but 17 loads, Tryon west, and I believe there was nine went east. There’s so much more to our facility than putting those oysters onto a truck and putting them out into the ground. There’s preparation before, there’s preparation after. We do, at our facility in Bideford, we support the lobsters. We have oyster growers. We have interchange of information, interchange of equipment, and that’s why I say it was never an issue of – we need people currently that have tried to build the industry to continue to come up with a plan and how do we move forward. Brenda Campbell: Yes, yes, yeah, yeah. Mr. Dumville: Thank you. Brenda Campbell: What needs to happen here is everybody get out of their little pockets. We’re here and you’re there and you’re there. You need to get together into a room and come up with a plan that’s – not a plan, this is what you need to do, what we need to do is get together in a plan, come to a consensus, and then everybody’s part of the process from the beginning. Not being thrown in halfway through or at – nobody should be asking permission. It should be what’s good for the entire industry. That means processors, that means from the beds in our waters or the cages in our waters, right to when it leaves the processors to go out to the consumer. Conservation and protection. Really, the cocktail oyster. Only a very few select people on PEI have that license for the cocktail oyster yet with the high demand in the market for oysters there is also a – we’re looking for harsher penalties to any processor, lease holder or harvester doing so. Do processors meet with fishers? Not much. Do processors meet with Island oyster growers? Not much that we know of anyway. Chair: Do you want to carry on with your presentation? With the cocktail license, initially they were brought in – if you have a cocktail license you’re not allowed to have a – Brenda Campbell: Okay. Let’s see now. James Wagner: Commercial license. The oyster development. We’ve had some challenges this year. The association ourselves has changed. We had a look within ourselves. I do know that there’s changes on the funding side as well, right? Brenda Campbell: – commercial license. That’s great and it sounded really good on paper. However, you can have a household where one fellow’s got the cocktail license and somebody else has got the – and it’s too easy. Traditionally our funding was based on – when the contract was signed, 50%. You spend that 50 and then you get another 40, and then you give your final report and you say how you spent the money sort of thing, like a claim, andstit would be 50,st40 and 20 between April 1 and March 31 . The demand is there. As long as the demand is there and there’s a way for these people to do stuff they’re not supposed to be doing and taking the resource without the proper documentation or whatever then – but I do know that in 2015 it’s the first time that we’ve had requests from courts for a firm victim impact statement from the association point of view. I know that they’re being used. That’s the big thing. It’s one thing to ask for a victim impact, but to know that they’re used and they’re seen as valid, then that makes a difference. This year funding didn’t come down till September. We started in April because the oysters aren’t going to wait for contracts to be signed. We do operate the facility. We own and operate the facility at Bideford. We have product on the water and we needed to continue. The resource does not wait. 68 Agriculture and Fisheries 4 March 2016 Brenda Campbell: There’s only one cause. It’s got to affect something because there was no trout there. That used to be a prime trout fishing spot. I guess I need to – I can’t emphasize enough that I don’t want to blame anybody. I don’t really – I care who did it, but I don’t really care. I care that it’s still in the state it is in. It’s over a year now. So, okay, we can worry about whose fault it was, but I’m formally requesting or whatever for some direction as to: Who do you go to to get that thing cleaned up? Because it’s a shame. With the water quality, our biggest issue with water quality right now is Paughs Creek. There’s Paughs Creek last April. Last February we knew, after that storm of last spring where the bridges all went out in Prince County, we went through the property procedure. We contacted Environment Canada who took a report. Federal and provincial authorities were out. Had three community people go out on the boat with them, had our site supervisor, Stephen Palmer, who has a degree in biology or whatever, and a couple of staff took them out. That is not low tide at Paughs Creek. That is our broodstock that we have been putting there for the last 20 years down to three feet of peat moss. Spat seizure. We’re really, truly upset over that and I will remain upset because I can’t get anything in writing. I can’t get any responses and really, written requests for information deserve written responses. Paughs Creek. You would see trout fishermen, recreational fishermen all summer kept asking the question, phoning environment provincially, phoning environment federally: What’s going on with Paughs Creek? I don’t see any action down there. We had lines out in Paughs Creek that come spat time you pull them up, there was not one ounce of spat on them, but it just ran of peat moss. Stratford water waste, that’s still an issue. I know it’s going to come up again in the spring. We’ve been saying since 2008, James? James Wagner: In 2008, yes. Brenda Campbell: What about Stratford? Even going through the Charlottetown process of the infrastructure turnaround, what can we do? What are we going to do with Stratford? Now, there is than investigation, I guess. As at November 26 I got word from provincial environment that the feds were taking it over again. Numerous phone calls, emails. Right now it’s Paul Walker who is lead investigator for the feds. I can’t get any word from the province because now it’s on the feds’ plate. But really, at the end of the day, Paughs Creek – do we need to blame somebody? There’s only one source of that peat moss and everybody knows where it is. I know that it’s an employer in the community and that’s great. It’s our information and I don’t know if it’s valid because nobody will – they will phone you, but they won’t give you anything in writing, I find. But is there an intention for a pipe to go across the river? Fishermen have always been against that only for the reason that we’re not sure – just because Charlottetown sewer project has upgraded the system, can that system handle anymore or are we putting more strain on it? However, Paughs Creek deserves a cleanup. I thought this might be the venue for me to kind of bring that up because, yes, I mean, it’s taxpayers’ money that put that broodstock in there. It’s not whether – you know, it spits out spat. The seed spat collection in Bideford last year was – we have 60 cages out there with nothing in them. Bideford is identified as a federal seed reserve. We always had good collection out there. Every one of the lease holders, every one of whoever uses the Bideford, from Lennox all the way down, it’s – James Wagner: With the short season last spring we lost a week there and then we lost nine days with the closure in Stratford, so our season was cut (Indistinct) last year. Brenda Campbell: I guess with the wild public shellfishery we don’t get extensions nor would – I mean really, it’s – James Wagner: It’s our spat season. We don’t want it. Brenda Campbell: We don’t want the extension. Some fishermen were looking for James Wagner: (Indistinct). 69 Agriculture and Fisheries 4 March 2016 an extension during the spat season. They’re still members, they were a little bit cranky, but at the same time, who would want to go and interfere with the transfer, or with the normal – you don’t interfere with Mother Nature too much. They’re good now. themselves, whether it be through increased memberships, whether it be through their – there are savings. We own and operate the Hurds Point Trailer Park. Those are just sources of revenue. That’s why the tourist portion of this is so important to us, because we do own and operate the PEI Shellfish Museum. We do have the aquariums back in there. Do you know there are positive – it’s not all doom and gloom. It’s just sometimes you tend to – it’s the negative all the time. We contribute – our association and our fishery – I’ve had fishermen take off fishing days to come and attend some of these things, do volunteer, do some fundraising. I’d just like to – the reason I put that in there is in 2014 – actually James and Barry Nippard built the wild pearl, nobody was there on board with us at the beginning, but they came on board afterward. So it’s a fully functional oyster bar that we – there’s ways that we should be capitalizing on stuff like that. We continue monetary and in-kind contributions to our tourism so it’s just much more than just going out fishing. Chair: Thank you for the presentation. It was certainly – I think – Brenda Campbell: Like I say, we fish first. That’s all. Chair: There are certainly lots of issues. Industry and education. There it is there. Wild public, we fish 20-24 weeks a year. There’s also education. We’ve been concentrating ,especially this year and the latter part of last year, is we need to educate our fishermen on the changes. The buzzword of the day now is the vibrial. Sometimes it’s a simple – what we have to concentrate on if we want to continue a good quality product for our consumers is we’ve got to start right from the river right to the day it goes out in the box or you know – Brenda Campbell: Actually, Pat, I would need a day. No (Indistinct). James Wagner: (Indistinct) we didn’t touch on the (Indistinct). Chair: Does anybody have any further questions around the table? I just might – one little thing, and then – like a levy – the lobster industry put a levy on the processors and the fishermen to promote their product. Is that something that the shellfish – James Wagner: (Indistinct) Brenda Campbell: We just can’t think: They’re over here. Fishermen need to be brought up to date on the changing – like, what are the differences in your water right now? Why is this happening? Maybe it’s happening because of climate change. Maybe it’s happening because you’ve got lower water levels. Brenda Campbell: We’ve done that for many years. Chair: – industry ever looked at? Oh, there is one now, is there? Brenda Campbell: There is. There always has been. There’s the oyster commodity group, and that’s kind of why I left. That particular report is also in the marketing. We’re governed under regulations in the marketing council. We are a group – now, fishers and harvesters, it’s for – for the past several years, the only people that paid the commodity fee or the only people that the processors took – it’s the responsibility of the processor to collect it from the fishermen and then remit it to the oyster commodity group. That oyster commodity group is made up of nine, has firm bylaws, and it’s run by nine public oyster fishers. James Wagner: (Indistinct) the regulations from CFIA or something (Indistinct). Brenda Campbell: In closing, I would like to emphasize the fact that each and every project that our association involves themselves with, there is a monetary or inkind contribution that we as fishers make. When there’s a shortfall – when we do the oyster development program and we go over-budget, the only people that are covering that over-expenditure is fishers 70 Agriculture and Fisheries 4 March 2016 What we’ve done the past couple of years is kind of – Chair: Thanks a lot for the presentation, James and Brenda. James Wagner: Integrated them to our association, like – I think we’re certainly aware of your major points that are in the issue. I think multispecies is one of your primary things. I think, as you said earlier, this committee has already made that recommendation to the Legislature and I don’t know – are you asking us to reaffirm that – Brenda Campbell: Growers are in there too. What we’d like to do with that money – I mean, sometimes the shortfall is from the oyster commodity as well. We’d like to see this fund as industry-driven projects, not just enhancement. Brenda Campbell: Well, yeah. Chair: Do the buyers pay that levy, too, or just the – Chair: – that recommendation? Brenda Campbell: I think the fishermen are saying – we don’t do this for a living either. But at the same time, we are volunteers, each and every bloody one of us, and any time we go to a meeting it’s at our own cost, it’s at our own expense, but that’s not the point. If you’re doing it for the money, then go someplace else because this isn’t the industry you should be in if you’re doing it for the money. It was never the industry to be in. Brenda Campbell: No. Chair: – just the harvesters? Brenda Campbell: No, but kind of – we’ve had some legal volunteer – I don’t know how valid it is, but the man’s a lawyer and he volunteered his time. So to me he’s still a lawyer. But he looked at it – James Wagner: Sort of like (Indistinct). Chair: Your passion is certainly shining through. Thank you very much. Brenda Campbell: – and really the onus is on the fishermen. They can choose not to pay it, but they must send a registered letter to the PEI oyster commodity group on December 31st before their next season to say: I’m not paying this. That has never happened. Brenda Campbell: Thank you for the opportunity. Chair: Want to take a two-minute break to stretch your legs, and Hal can stretch his beard there. But it is up to – the processors are required under section 7 of the natural marketing act, that anyone who markets or sells an oyster must pay the $50. We’re just kind of doing more of a you should give us that or more like visiting with the buyers. [Recess] Chair: I’d like to reconvene the meeting here. Our next presenter is Randy Pitre. Welcome, Randy. In 2013 oyster commodity was in a deficit of $232; in 2014 when we started kind of meet and greet and talking things more there was $2,000 in the bank. Right now at the end of 2015 I’m proud to say we have $6,927.11, and our enhancement contribution of $11,111.11 is paid. Our bills are paid. Everybody wants more in the bank account but you don’t do it at the expense of – you do it for everybody. Randy Pitre: Thank you. Chair: You just want to state your name before you start speaking, and if you want to move right into your presentation then – Randy Pitre: Sure. My name is Randy Pitre and I’m a property manager of a blueberry field. Several blueberry fields in Alberry Plains. It’s a large field. I want to thank the committee here this morning for hearing me. Unidentified Voice: Agreed. Brenda Campbell: I’ll end with that. 71 Agriculture and Fisheries 4 March 2016 I want to address the issue with relation to off-road vehicles. Off-road vehicles are causing extensive damage to crop fields. In this particular case, blueberry fields. But I’m also aware, right across the province, during the summertime as well, there’s other crops being damaged as well. Producers and farmers are at their wits’ end because there’s only certain things they can do and it gets very frustrating. We’re at the stage of some of these fields here now, I mean, the vines are just exploding. It’s great, awesome. We had a really good crop in one of our fields last year, excellent crop. We got the height. Harvesters come in, very pleased with it. Now, blueberry fields aren’t like potatoes. They aren’t like grain. When the vine develops the vine is there. You don’t pull it out of the ground. It’s there year after year. We have a crop on one field coming up for this year in August. It’s in Summerville. The bud setup happened last September. I can go out and I can take a look at the bud setup and that tells me what kind of crop we’re going to have next year in August. It doesn’t start in May, it starts back in September, what they call a tip dieback. We hope to get a bit of snow to cover the tops so we don’t have winter kill, things of that nature. All crops are not the same. They all have to be treated differently for growing procedures, fertilizing, processing, harvesting, etc. In case there’s any members here that aren’t aware, I want to go broad but I want to get specific because I want to give each committee member here an idea of the crop, the frustration that’s involved when damage of this nature occurs. For an example, with blueberry fields. When you start with the development of a field you could be anywhere from six to 10 years to develop that field. An extensive amount of cash and money has to be pumped into those fields for developments and you get no returns back until that field fills in. You could be eight years down the road before that field’s developed, ready for harvest. We have the fields there. Now we get snow and it covers the ground and the crops. The first snow we had the ground wasn’t frozen. It was soft. We had maybe that much snow. It was soft. We then have snowmobiles coming out of nowhere and they’re traveling across the fields, an 800-pound machine going on these crops that we’re trying to get to height that we’ve just spent 13 years trying to develop. We’ve just put tens of thousands of dollars into fertilizer to try to get the height. The weed control. You get a John Deere tractor our there with weed wipers, a person in the tractor, and the chemical, to do 100 acres and you get a snowmobile coming in. Boom. That wide, 80 kmh right across your field. It’s gone. The height’s gone, the plants are flattened, you have no hope of getting that back. When you’ve got a crop field every two years you get a harvest on top of that. That’s a significant blow to any producer. Significant. In this case we’re 13 years down the road for these fields. We made the conscious choice, as we have bare spots in the fields, to not harvest, to just clip so that the energy of the plants goes back down to the soil to spread their rhizomes to come back up to fill in those bare spots. When you get to the point of – you say: We have enough of the plant fill-in to have a harvest. You then have to put an extensive amount of product – fertilizer, clipping, burning, you have disease control, etc. An extensive amount of money has to go in in order to develop those plants. This fall we’ve had on this particular field I don’t know how many snowmobiles going across. It was just that (Indistinct). We called the RCMP and they came out each and every time. One incident when I called them, we saw the track there and called them, the RCMP had come out on site, standing right beside me. We actually watched a snowmobiler come up on a public roadway, enter onto the field, and once he saw the RCMP officer took off as fast as he could go. Another big strip of damage. You don’t get a crop every year. Blueberries are every second year. When the plants do come up they come up short. You have to encourage them to get the height so when the harvesters come in they can get at the plants. If the plants are too close to the ground the harvesters can’t get at them. You encourage the height, you encourage the plants to thicken so the other plants support it, and then you have a really good crop. That’s what we’re doing. 72 Agriculture and Fisheries 4 March 2016 Brand new, right across. The RCMP had no means to go after this person. This person’s in a snowmobile. He’s going across the field. They can’t go in there with a police cruiser, and he’s long gone. He’s gone. successful. We did catch two individuals. They were served with no trespass orders for over a year, and I still have the right to charge one under criminal code. But even as I’m driving down on route 3 to Montague just past these fields – and I’ve provided pictures in here – there’s a picture of a person on a skidoo right on the highway travelling. It’s against the law. It’s not supposed to happen. From a farmer’s and producer’s point of view, what do you do? How do you address it? You’ve now got damage to your field. I did some investigating and apparently even these snowmobilers aren’t required to carry insurance. So if you did catch them who’s going to pay for the damage? If we caught that person going across that field who’s going to pay for all the damage? They’re not insured. I followed him on the road for miles. Miles. He was on route 3. Another picture, he’s coming into ongoing traffic right there. He’s not in the ditch. He’s on the shoulder of the road. Even I can’t drive my vehicle on the shoulder of the road, I’ll get pulled over by the RCMP and questioned why I’m driving on the shoulder of the road. I followed him right into his residence where he went. We had a provincial conservation officer, he visited him and laid down the law what was to be and what could happen. If I took my vehicle out here today and I got in an accident and I hit somebody, I have insurance to cover that, as we all do, because that’s a requirement for us to be on the road. You have to be registered, insured. Here we have vehicles travelling across farm properties. In this particular case they’re gone, but even if we did catch them they don’t carry insurance. It’s a major problem there as well. We had two individuals of that. A picture’s worth a thousand words and I could come in here today and tell you it’s happening, but now you can actually see it. This is what we’re seeing. I’m in my truck, he’s on the road. He’s not insured to be on the road. There’s no law in existence to even allow him to be travelling on the road. It doesn’t exist. To my knowledge what they can do, which that even surprises me, is they can travel in the ditch. That’s what somebody told me. I looked it up. That’s what (Indistinct) Jones told me. They’re allowed to travel in the ditch. Something has to be done. To my knowledge this has been an ongoing issue for years. This is not the first year. It’s getting worse every year. This year has been really bad. It’s growing. The blueberries can’t recover quickly. The damage is done. The present legislation for off-road vehicles – and this would be an all-year-round issue, as I said, it would cover snowmobiles, fourwheelers, dirt bikes, etc. – it’s just not working. Something has to be done or something has to be changed. I try to use common sense up here. That doesn’t even make sense because engineers that develop a road, that’s not what ditches are for. It’s not for traffic. If the province is saying they can travel in ditches, then there are obstacles in those ditches. You’ve got culverts, you’ve got driveways, you’ve got people with asphalt driveways. I’ve provided pictures in here as well where they’re actually crossing from farm fields across on the public roadways. Or not the public roadways but even driveways here. That’s a person’s driveway, right across. Some of those driveways have culverts. The stress caused to producers and farmers when something like this happens is extreme, it’s extensive. It’s bad enough to farm and try to develop a field and produce a crop and hope for a good crop and a profit at the end of the day without having all this stuff going on. We have a situation here where law enforcement can’t back up these off-road vehicles. As far as I'm concerned they can’t. Because law enforcement have the tools to be on the road, not off the road. Over five calls went into the RCMP and we had some people watching in that area. We actually hired people watching in the area. We were If the province or legislation is allowing these vehicles to travel in ditches, then I’m just going to raise the question without getting into too much (Indistinct) on it, if 73 Agriculture and Fisheries 4 March 2016 legislation is allowing these off-road vehicles to travel in ditches and somebody should hit a culvert or an obstacle or something, a hazard of some sort, could be liable because it is a public roadway. It could be the federal government, it could be the provincial, depending on who has jurisdiction at the time, but it just doesn’t make any sense anyway why they’re travelling in the ditches. back, as in this case? They come back. You’re not going to tell them what to do. We had the same person come back four times on that field. They were asked to stay off, they were told to stay off, until the RCMP had to serve them with a no trespassing order and that has happened. But my point is we all have property. We all want to protect it. There are certain people that shouldn’t be on it. They don’t have the right to trespass and that’s exactly what they’re doing. They’re trespassing on property. They don’t have the right to do that. Now, how does this relate to agriculture? I don’t think you can separate the two. Because if you have a piece of farmland, the question is: How are these off-road vehicles getting to the farmland? They have to have a means to get there. If they’re not allowed to travel on public roads how are they getting to the farm fields? They’re allowed to cross the road, but they’re not allowed to travel on the road. I followed that fellow for miles on a public highway and he went into his house and that’s where he was caught. I’m not really too familiar with the case, only about what I’ve heard, but I heard of a case there in Winsloe where one producer over there, he told them not to come back, they came back. What did he do? He set up a barricade to try to stop them. He had a gun, shooting it in the air. He’s frustrated. He doesn’t know what else to do. You call the RCMP, they’re not equipped to go after these people, but there’s damage being done. What is a producer to do? What would a producer do now you’re left with all this damage? What would a producer do? How can I get into each one of your minds and try to convey to each one of you where you can actually see it, the invasion, the stress, the loss. I thought of one way. You go home tonight, you’re with your wives, your kids or whatever, you’re sitting watching t.v. You’re there to enjoy your evening and all of a sudden a snowmobile comes across your front lawn. Okay? It’s getting to a point where producers are getting that frustrated they go to those extremes and it shouldn’t be that way. It shouldn’t have to get to that point. That person was arrested. For what? Protecting his own land. I don’t agree with him having a gun there or anything like that, don’t get me – I’m not supporting that in any way – but what I’m saying is it gets to a point people get frustrated. They don’t know what to do because they feel they don’t have the support. Unidentified Voice: It happens. Randy Pitre: It happens, but it’s your private land, it’s your space, and it happens. What do you do? They are ripping it up. They’re ripping up your sod. You may have paid a lawn firm to do your lawn. A lot of people do, they pay a lot of money. You could have planted shrubs. You could have planted rose bushes. They can’t see them in the snow. But you’ve got an 800-pound machine travelling over your lawn with no due care or resource of anything you may have there. What do you? You sit in your chair and let them go to it or do you go out and defend your property? We’re not talking a small amount of dollars here. You’re talking anywhere from $25,000, $30,000, $40,000 or $50,000 worth of damage and no way of recouping. You go out and plant potatoes in June or July, you reap the harvest in the fall. It doesn’t work like that in these fields and you simply just can’t go out and plant another blueberry plant. It doesn’t work like that so it’s very frustrating. Some of these snowmobilers, while the officer was right there and I was talking to one, they taunt them. They’re in the centre of the field. I had one officer, she said she can’t go after them, and they’re out there taunting and then take off. They have no means of going after Most people would go out and defend their property and ask them what they’re doing there. You can ask them to leave and they may leave, but what happens if they come 74 Agriculture and Fisheries 4 March 2016 them. What I’m saying is there’s no way of policing this, it just doesn’t exist, unless you have a helicopter or something else, but even then it takes a lot of resources to do that. land. They just don’t have their own land to operate. Therefore it’s going to continue. It’s happening now, it’s going to continue in the future, and it’s not going to get any better. It’s going to get a lot worse. I don’t know how it got to this in the first place because we have no means of policing it. There’s no means of policing any of this. I would say until the problem is addressed you’d have to have just an all-out ban on these vehicles to designated areas where they can be policed. I don’t see any other option. I’m just going to point on the insurance part. There was an incident in the fall where a snowmobiler, or a young individual, had come off a private land out onto the road and he was killed. That’s very sad, but it very well could have been somebody in the vehicle that could have been killed as well. If they were going on a highway such as this at any high rate of speed, if I was in my truck and they’re crossing the road and I hit that person, or they hit me and I was injured and I had to go in a home or needed medical care, they’re not insured. They’re not insured to cover that. Because somebody’s going to get hurt or farmers are going to get to the point, they’re going to get so stressed, that something is going to happen. People shouldn’t be charged for defending their own property. If you have a person coming onto your property that’s trespassing, that’s a threat. You should be able to deal with it. You should be able to call the police force or somebody to come and deal with it and have the matter addressed. When they can’t do that and they don’t have the tools to work with, then what do you do? Some farmers and producers take matters into their own hands, and it’s very unfortunate, They end up in court, etc. There is a system on PEI that covers one end of the Island to the other. It’s called Rails to Trails. It covers the Island. They can go from one end of the Island to the other. I’m not in here to say this morning that with a wide paintbrush to paint everybody, but what I’m saying is this is a big problem. It’s a big problem for farmers and producers. What I’m suggesting this morning, and I’m really recommending, and I really want to happen, is that these off-road vehicles be designated to certain areas, designated areas, and that would be the Rails to Trails because they do have a membership. It’s unfortunate it’s coming to that, and it’s unfortunate that people working so hard in a certain particular industry are suffering the damages to the costly amounts they are. I wanted to come in this morning to relay that, to really push to get a resolution to it. The trails do cover the province. They do have policing and people on the trails to ensure they are registered, and they have all the necessary paperwork, etc., they need to do. They’re equipped to do that. Chair: We do have some questions there. Do you want to take the questions now? Or did you – These off-road vehicles, unless they’re on private property – let’s say we have an individual that has their own farm, their own place to operate this vehicle, that’s fine. But if you have one of these vehicles and you don’t have your own private property to operate that, then where are you going to operate it? It either has to be on public property or somebody’s private land or in a designated area. Randy Pitre: Sure. Chair: – continue with your – Randy Pitre: No, we can – Chair: Actually, we got quite a – everybody wants questions. We’ll start with Hal. I will suggest and I will submit that many of these vehicles are being purchased and bought and they don’t have their own private land to operate. That’s why they’re on the roads, that’s why they’re on farmers’ Mr. Perry: Thank you, Chair. Randy, thanks for coming in today. I do understand your frustration, especially with 75 Agriculture and Fisheries 4 March 2016 the crop damage, blueberries. I’ve talked to a few farmers, too, and they have the same concerns. talking about, this is a specific case where we have laws that are being broken and it’s impacting you as a blueberry farmer, but I think it’s symptomatic of a bigger problem in our province with planning, with infrastructure, with law enforcement in general, and safety. You mentioned one of your recommendations was to have all off-road vehicles put on the Confederation Trail, or right now one of the recommendations were. Snowmobile association, they have access to it, but ATVs, four-wheelers, don’t have access to it. Am I right in saying that one of your recommendations is to have the ATV vehicles allowed to use the Confederation Trail from tip to tip? I have other cases reported to me with snowshoers who are on heritage roads that are unplowed in the winter that are having conflicts with all-terrain vehicles like snowmobiles. I have people who on route 2 in District 18 are saying the speed limits are definitely not being adhered to. We’ve seen in the spring with cars passing school buses with their lights flashing, things like this. There’s calls for photo radar out there and solutions like that. Randy Pitre: I won’t go there, but what I will say – my presentation this morning is it’s an off-road vehicle. They need to be in a designated area. How that happens – as far as the trail goes, what happens in the summertime? The snowmobiles obviously wouldn’t be on the trail, but if that goes to people walking on it, then it comes down to these vehicles don’t have a place to operate. This is all part of this law enforcement. There’s not enough RCMP officers around looking at this. We’ve seen cyclists who are killed on the shoulders of our roads and it’s because we don’t have the infrastructure in place to handle that, and there’s no plans for it. I am not going to – we just can’t stand by and say: Because these vehicles don’t have a place to operate they can be on a public road or they can be in a farm field where there’s a crop. That's their problem. If they want to buy a vehicle, they have to have a place to operate it. If I want to buy an airplane, I go to the airport, operate it there. If I want to buy a skateboard, then I go to the skateboard park and operate it there. Randy Pitre: Just so I don’t forget, and with that, law enforcement, you can get a snowmobiler going 90-100, which I’ve actually seen. Law enforcement have a speed limit. They can’t go that fast. They can be pulling away and law enforcement, they’re not allowed to chase and these people know that. They’re aware of that. People that buy these vehicles have to have either their own private property to operate them on or a designated place where they can operate them. Our blueberry fields are not that place. A potato field with a crop in it is not that place. A grain field is not that place. This is what’s happening. Mr. Trivers: Exactly. Randy Pitre: So, yeah. Mr. Trivers: What we’re seeing, there’s impacts on the safety and of course now we’re talking about impacts on the economy as well with your business, huge. There’s other impacts as well related to these other issues related to tourism, with the cycling and with the ATVs, snowmobiles, all the rest of it. So how you get the resolution to that I don’t know. I’m just being bluntly fair. I don’t know. I know this is not the solution. If there’s not a place, they shouldn’t be operating. Mr. Perry: That was my only question. Chair: Brad. I would like to bring that up to the committee that this is an area that we should look at, not just in this specific case and how it’s impacting the blueberry farmers – Mr. Trivers: Thank you so much for bringing this issue forward. It’s extremely important that, of course, we support our Island farmers in this. Really what you’re Randy Pitre: Exactly. 76 Agriculture and Fisheries 4 March 2016 Mr. Trivers: – but how as a province we can better plan our infrastructure so that we understand what’s going on and marry the economic concerns with the recreational concerns. Randy Pitre: Exactly. just wondering. I think part of this may be an educational program. I had a whole lot of questions here. Is this out-and-out vandalism? Is it stupidity? What is the age of this gentleman you chased home? Is he young or old and should have more sense from an economic point of view? Mr. Trivers: Thank you so much for bringing this forward and I hope we’re able to address this further. Randy Pitre: The people that we’ve caught to date range anywhere from 22 to 45. My understanding is to join a membership – I know we’ve called in the opposition for an infrastructure summit. These are the sorts of issues that can be brought up there as well that may not be brought up otherwise when you’re talking to the traditional groups that you talk to when you’re going out as a minister of transportation. Mr. Dumville: Yes. Randy Pitre: – there’s a cost associated. I think it’s $300 to $400, I’m not quite sure, to join memberships. Why pay that money? They’re just going to go out and drive on land and avoid it and hopefully not get caught. I’m going to say that they know the land doesn’t belong to them. They know they’re on this property. They don’t own it, the blueberry land we have here, they don’t own it. They know the property they own. They choose to trespass on this land and hope not to get caught. Thank you very much, sir. Randy Pitre: Okay, and I just wanted to point out as well, producers – and I’ve provided you the pictures there and there’s quite a number of pictures – but in your packet there, there’s a picture there and there’s a gateway here. The gateway is posted. It’s a no trespassing sign. If you look at it you can actually see the snowmobile track, total disregard for the posted sign. It’s there. Snowmobile’s here, the sign’s here, it’s right there. You can actually see the snowmobile track going right past the sign. We’ve actually had situations where they even go and rip the signs down as well. Mr. Dumville: Do they understand the financial ramifications to you? Like, I see this little no trespassing sign. Would it be something that – blueberry operation – these are blueberry fields, land, violators will be prosecuted? Randy Pitre: We have blueberry signs up with snowmobiles with the X across and they are posted on the property. The RCMP has come out and they have seen the signs and we have signs up. We have them posted around. They are there, but the picture that you have there – that’s taken from a distance as well from the post. But what I’m trying to tell you as well, you cannot miss that sign. If I’m a snowmobiler in that picture where you are I’m going through that gateway. You cannot miss that sign. I just want to go through a few of these. Chair: We have a couple more questions if you – Randy Pitre: Sure. Chair: – want to take – Bush Dumville. Mr. Dumville: Randy, thank you very much for your presentation. I sense your frustration. I don’t believe any private landowner should have to put up with this. I never had this problem when I was in law enforcement. My son-in-law is now in the force and he’s been taunted by snowmobiles. I guess they weren’t invented back in my day when I was in the force. That, to me, looking at a post here, a post here, your snowmobile here and the sign here, that to me is like taunting: I’m going to go where I want and you can’t stop me from trespassing. Mr. Dumville: Yeah. Randy Pitre: I don’t know what other message to get from that. But I look at this picture, your no trespassing sign here. It is very small. I’m 77 Agriculture and Fisheries 4 March 2016 Mr. Dumville: It’s almost like the province should have a television commercial or a public service commercial more or less saying that this is affecting the livelihood of people and please be more considerate. There should be an educational program around it. You’d think that people would understand this. Mr. Dumville: I believe they have to be involved. Are the registration numbers on these snowmobiles, are they big enough or you can’t pick them off – Randy Pitre: No, no. Mr. Dumville: – they need to be bigger so you can identify them. Maybe they’ve got to stick out more. I sometimes drive by car dealers and you’ll see about 50 or 100 cars in a row, and I’m always wondering: My gosh, they must stay up at night sometimes wondering if somebody’s going to go and key all of the cars in a row. No different than the situation that you’re in with the years it takes you to produce a crop. You’re saying designate them to the Rails to Trails or – Randy Pitre: Designate them to a designated area. Mr. Dumville: – area or – About the travel in the ditches, I mean, even a truck going along the side of the road could go off the road on top of one of them. Randy Pitre: Not necessarily the Rails to Trails. Randy Pitre: Yeah, or even snow – like in the wintertime, if you have a snowmobiler in the ditch, travelling in the ditch – and I’m just going to give you an example – and you have an operator for a snowplow and they’re plowing or even winging back snow, let’s say a – I’m just going to put this out there as a hypothetical. Let’s say you have a snowmobiler in the ditch and they’re travelling and they break down and they’re there trying to fix their skidoo, and a snowplow is coming winging back. Potential for disaster. Mr. Dumville: Yeah, so it could be the Rails to Trails, which is a designated area. It could be another form of designated area or it could be their own yard, right? Randy Pitre: Private land, yeah. Mr. Dumville: So maybe, and I’m just suggesting this to help them stick out for law enforcement: educational program, bigger tags on the machines, and maybe when they register their snowmobile they have to show means of being able to get from their own private property to a designated area, and that might be them having to register a snowmobile trailer at the same time they register their machine. It just does not make common sense to me, whoever put the legislation in place, to allow off-road vehicles to travel in ditches. It just doesn’t make sense. Ditches to me, in my mind, are where water flows. It’s an infrastructure to support the highway. I just don’t see any vehicles travelling there at all. Randy Pitre: Take the example of a seadoo that travels – they have these machines now, they call them sea-doos, something like skidoo but they travel in water. They have trailers for those. If somebody has them in their driveway they have to load them on a trailer and take them to a waterway, and then when they’re done put them back on the trailer and do that. That would be a suggestion for these skidoos. This committee is for the department of agriculture, or agriculture committee, and I want to kind of keep it there too as well, but I don’t know how you resolve the issue without getting the department of transportation involved and both working jointly. Mr. Dumville: That’s what I’m suggesting. An Hon. Member: Justice as well. Randy Pitre: Yeah. Mr. Dumville: Oh I – Mr. Dumville: That there’s some method where we can ensure that if it’s a city dweller like myself, obviously I’m going to Randy Pitre: Justice as well. 78 Agriculture and Fisheries 4 March 2016 have to have a trailer unless I’m backing on Rails to Trails. If I can prove I’m backing on Rails to Trails or a designated area that’s a different story altogether, but why set this individual up for failure where they have to be illegal to get to their playground? My question was answered, but I want to make a statement. There is a great opportunity here for PEI. Our tourist season is in the summertime for six to eight weeks. Why can’t we have a tourist season in our wintertime? There are tourism operators out there. To echo what Brad said about this infrastructure summit, make this a part of the infrastructure summit because sledding or snowshoeing or skiing or four-wheeling are growing on PEI. It’s a growing industry and it’s a good industry, but let’s manage it, right? Get them off the fields. Let’s manage it. If we don’t use the trails let’s make a trail for them. You charge them, you register your machine. There’s an income there. Let’s take advantage of this. Randy Pitre: The thing is, if you look at the broader scope – and I’m just thinking here – if they’re not allowed on public roadways, if they go with the vehicle means of putting it on a trailer to getting where they need to be – so they’re not allowed on the public roads, they do the vehicle thing – then they don’t need to be in the ditches. They don’t need to be on the private land. That’s what I’m saying. Have them in – there’s only one other place to go. That’s either in a designated area or private property, their own private property. Randy Pitre: Let’s insure them. Mr. LaVie: Let’s not be – Mr. Dumville: Correct. Randy Pitre: It has to be insured. Randy Pitre: Yeah. I think the legislation has to be changed to reflect that. Right now it doesn’t. Mr. LaVie: It has to be insured, oh yes. Let’s not take this as negative. Let’s take this as a positive and make something happen on PEI in the wintertime. The legislation says they can travel in ditches, which opens up the whole can of worms for the entire province for this to happen. They would be more apt to be spotted if they pull up in a trailer with two skidoos on it. Neighbours would see them unloading and stuff of that nature. They’re not so ready to get away and they have a trailer with a car there. They can’t drive too, so it kind of solves the issue. Our snowmobilers go to New Brunswick. Why? Because there are trails up there, right? Let’s keep them on PEI. Let’s have them come to PEI and let’s make trails for them. Let’s get some tourism going in the wintertime. Why is the tourism season – Banff out there has a tourism season in the wintertime. Why can’t PEI? Mr. Dumville: My suggestion. Chair: We do have the Confederation Trails on PEI. Chair: Okay, Colin. Randy Pitre: Yeah, as I said – Mr. LaVie: Thanks, Chair. Mr. LaVie: – or Randy. It’s a problem right across the Island. Mr. LaVie: Yes, but that’s an option. Like, yes, our highways are used for walkers, they’re used for bicycles, they’re used for motorcycles, they’re used for tractor-trailers, they’re used for our highways. Why can’t our Confederation Trail be? It can be policed. Randy Pitre: It is. Randy Pitre: There are so many days for – Mr. LaVie: We’ve met with the associations so I’m glad you came in and made this presentation to the committee and made the committee aware, and I hope it goes farther than this. Chair: For ATVs, you mean? Thanks for coming in, Ryan – Chair: Randy. Mr. LaVie: Yeah. Make a trail beside the trail. Let’s take this as not a negative, but let’s take this as a positive and do something 79 Agriculture and Fisheries 4 March 2016 for the people of Prince Edward Island in the wintertime. Let’s make a tourism season in the wintertime. Why that legislation exists today just blows my mind. I don’t understand it. I don’t understand. What’s the purpose of it? If you’re in a ditch, where are you going? Where is your start and where are you going? It doesn’t make any sense. And you come up out of the ditch and you rip somebody’s asphalt off? Randy Pitre: Or even if you take the Confederation Trail and it’s kind of designated so many days for one industry and so many days for another or – I don’t know – Like, for an example, when we had the mild weather, we had a bit of snow. The ground wasn’t frozen. They come up on somebody’s asphalt that just got plowed and they start – like, those machines have cleats and everything underneath them. They’re ripping up the asphalt and down and then up another one? Mr. LaVie: All the details will have to be worked out, but let’s take this as a positive. It’s a growing industry and let’s move forward. I’m glad you came into the committee and made this committee aware of it because we did meet with associations. Like you say, not everybody is a bad paintbrush – Chair: We have another question. Randy Pitre: No, I’m not – Mr. LaVie: But just in closing. Mr. LaVie: There are good people out there and the people we met with want a solution. They don’t want to be going across fields. Chair: Oh, sorry. Mr. LaVie: Just in closing, I just want to close off. My question was answered. Mr. Trivers: But the people who are on your blueberry fields are definitely intentionally breaking the law. I think that’s important because you have actually – and we got to catch those bad apples. I appreciate you coming in. You did a good presentation and let the committee become aware of where this is at. Now I'm just hoping that the committee will continue this farther whether it’s form a committee to look at this or whatever happens, but we have a growing potential here for tourism in PEI for these people. I think it’s a growing industry and we should take advantage of it. Randy Pitre: Yeah. Mr. Trivers: Just like the speeders, right? We’ve got to shut them down. Randy Pitre: Yeah, but it – in coming in this morning, if you can zero in on two areas, is that – as I said, I’m not painting the – there’s a lot of people out there with the machines and they operate them the way they should be, respectfully and stuff of that nature and they’re respectful of others. But there’s many that don’t. Thank you. Chair: Thank you, Colin. Peter? Dr. Bevan-Baker: Thank you, Chair, and thank you, Randy, for the presentation. As I said, two key points are: number one, if they don’t have private land or a designated area, then they’re on somebody else’s property or they’re on public roads. That’s kind of where I want to zero in. How do they get on public roads? How do they get on farmland? How they do that is the present legislation that’s in place, that allows them to travel in the ditches, and that would cover every road on PEI, and then they can get into the property. I, too, sense your frustration. That was quite clear many times during the presentation there. I think you’re articulating some pretty widespread concerns on the Island here. I’ve had some farmers in my District 17 who have come to me – people whom I know personally, good people, but people who have been pushed to the edge of vigilante justice, what you were talking about, because they are unable to do anything about this and because these are deficiencies 80 Agriculture and Fisheries 4 March 2016 in our rules and regulations and also in our ability to enforce those rules. people to use it recreationally, and I think there’s just an inherent incompatibility of ATVs with the other uses. I think we have an inherent incompatibility here on Prince Edward Island. We have a unique situation where we have a tiny amount of Crown land compared to our neighbouring provinces. The amount of Crown land here on Prince Edward Island is incredibly small. If you're going to own one of these vehicles, unless you own your own property – and that has come up several times – or you stick to the Rails to Trails, then inevitably you are going to end up trespassing on somebody’s property. You made a couple of suggestions there, Randy, and you made some specific issues to do with blueberry fields. I understand that, that years and years of preparation go into this which can be destroyed in seconds. But because of the tiny percentage of Crown land and the large percentage of privately owned land which is cultivated here on Prince Edward Island – that’s another part of the equation – we have this inherent problem. That’s a unique problem that we have here on Prince Edward Island. It’s not like New Brunswick or Nova Scotia where they have enough Crown land that they can create these trails and provide the facilities for the people who own these machines. Do you have any other suggestions about what we might do? Randy Pitre: I’ve given it a lot of thought. I’ve had a lot of time to think about this. I’ve contacted a lot of different departments, the department of environment, the department of transportation. We’ve researched some laws, what the present legislation is, what could be done. Trying to not paint everybody with the same brush. These are recreational vehicles. I think this is a huge problem here on Prince Edward Island. We need to look at – often we look at what our neighbouring provinces do, but I think that’s a useless approach in this situation because we’re unique. I like Bush’s suggestion. I’m looking for solutions here. We just, as producers, don’t want to be interfered with on our land where we’re growing crops. It’s as simple as that. It’s as elementary as that. When you do have interference or you have somebody coming in doing damage, you should have the right to protect yourself or you should have the right to have law enforcement come out and do something about it. Randy Pitre: Yeah. Dr. Bevan-Baker: We want people to be able to use these machines recreationally in a way that does not impact other Islanders, so I’m looking for solutions here. I think obviously we need more financing to provide money for proper enforcement, whether that’s a point-of-sale fee or something that’s incorporated in an annual license that these people have to take out. License plates I think is something that’s critical. ATVs require to have them so that the RCMP have some way of identifying who’s doing it. In all aspects of this it’s all failed. At the end of the day we have damage done to a field and the people driving have no insurance to cover. My suggestion would be until there is a solution that we can’t permit these vehicles to continue on the way they’re going with the present legislation. The legislation has to be changed to not allow these off-road vehicles to be travelling in ditches until a solution can be reached. When a solution can be reached – but until that time, we can’t have this discussion going on. We just can’t. I would be absolutely 100% opposed to ATVs on the Confederation Trail. I think that’s a total incompatibility with all other uses. Mr. Trivers: (Indistinct) the trail, maybe. I don’t know how it got in there in the first place, because to me I like to kind of go on the basis of common sense. It just doesn’t make any common sense to me why these Dr. Bevan-Baker: I don’t know if that’s a possibility, but certainly the trail is a magnet for cyclists, for runners, for walkers, for 81 Agriculture and Fisheries 4 March 2016 off-road vehicles are travelling in ditches. It doesn’t make any sense. In ditches. It doesn’t make any sense to me. Mr. Gallant: So you have some help there – Do I have a solution to it? Not at this time, other than to say that if they have their vehicles it needs to be on private land, their own land, or a designated area. Having said that, then they can’t be on a producer’s land without permission or on public property because the key word is off-road vehicles. They’re not registered for the road. Mr. Gallant: – if you happen to use it. Now don’t get me wrong, I’m not flipping this. I don’t have the magic wand or solution here today other than to say it can’t continue because to allow the legislation to stand the way it is, this is what’s going to continue, and it’s getting worse year after year, and the legislation is allowing this to happen. It is very unfortunate that people do choose to go on private property without asking people’s permission. Randy Pitre: But – Randy Pitre:, Yeah. No, I know. Mr. Gallant: I’m just pointing that out. You’re talking insurance for the people that have it. Now, I know a group that has formed a trail system by going to the property owners and asking for their permission and having insurance for their group and that’s working quite well. In light of what Bush said, and you commented on it, if you have to take your machine from point A to point B and you’ve got to go across private property, then maybe you should have to have a trailer to get you there. What happens then is if that legislation is amended to not allow them to travel in ditches, then what you have is they have no means of getting from one farmer’s field to another unless they have that trailer to transport like the sea-doos. Mr. Dumville: They must show – Randy Pitre: Exactly. Randy Pitre: Which has to be registered, which has to be insured. Mr. Gallant: Right? Just to reiterate what Colin said, we need to – I’m glad you came in and I’m glad you did this presentation. We need to discuss this further. Chair: We have another question from Sonny. Mr. Gallant: It’s not a question. My question was answered. But I just wanted to thank you very much for your presentation, and I think I agree with Colin. Randy Pitre: Just a comment on the insurance part of it. It’s like insurance for your vehicle. When you have insurance policies on whatever you may have, you elect to have certain things. Crop insurance covers the crop for that year. It does not cover the actual damage to that plant that may never come up again, that took 13 years or eight years to get there. We need to take this a few steps further and maybe some legislation, maybe something to help these people use these things. I know there are lots of responsible people that have four-wheelers and have snowmobiles. It’s a few bad ones that cause it. Mr. Gallant: Don’t get me wrong, I (Indistinct) – What happens is somebody crosses your field or crosses my yard and then Johnny’s coming by and: Oh, gee, there's a right of way. So he starts using it. Whether that’s right or wrong, that’s how things get started. Randy Pitre: No, I’m just – yeah. Mr. Gallant: – insurance to cover that. Don’t take it that way. Insurance – do you folks have insurance? Do you have insurance on your crop? Randy Pitre: Yeah. Chair: Thanks, Sonny. Randy Pitre: Yeah. Mr. Gallant: Thank you. 82 Agriculture and Fisheries 4 March 2016 Chair: Go ahead, Bush. there are hazards on this farm property. That’s why we don’t want them on. Mr. Dumville: I just wanted to make a quick comment on what Sonny said there. To give them an inch on that property or any corridor, it’s a liability issue and we just can’t go there. Just another thought of a solution. Is there a corridor on the edge of your field? Are they just going in, circling around and causing trouble or are they trying to get from point A to point B? Is there any way that you could designate a corridor on the edge of your property? Mr. Dumville: Okay, thank you. Chair: On behalf of the committee I’d like to thank you, Randy. I understand your frustration. It’s good to see that this committee – and I think you’re presenting to the transportation and energy committee. It’s good to see it from a farmer’s perspective on this issue. Randy Pitre: No. Because what happens is – there’s a picture here. I know you are kind of far away, but that’s a public road here and it shows them going off the public road right into the blueberry field here. I remember when I used to be the mayor down in Alberton we had situations with the ATVers going up the streets and that. We did meet with the RCMP at that time, and what they told us then is it’s really up to each individual member whether they pursue a vehicle or not because the member themselves could be held liable if something happened. Mr. Dumville: Yes. Randy Pitre: That field is posted and it’s right there. They go in, they’re going across. It is posted as a blueberry field. There’s another sign with a processor up. It’s listed. It’s right there. We also have many signs out, snowmobilers with the cross in it and stuff of that nature. Randy Pitre: Yeah. When I assess the whole thing and you talk to the RCMP and they say they can’t even chase vehicles and all these limitations, I’ve thought of everything I possible could have. The only thing I can come up with is that the legislation should be – and I’m going to use the word immediately – changed to prevent this. Because you do have at this point in time, today, people taking matters into their own hands out of frustration and getting themselves into trouble. I’ll answer your question on the corridor business. The fields we have, we have irrigation ditches. Irrigation ditches are about six feet deep and they’re about maybe three feet wide. What happens is it manages – any heavy rainfall or anything like that goes to these irrigation ditches. We have the whole property like that. We probably have many three quarters of a mile to a mile throughout the field. We also have a pond there. It’s nine feet deep. When you get a freezing and a light covering of snow over that you don’t know the irrigation ditches are there. You can’t see that there’s a pond there because it’s frozen over. When I say people I mean property owners, and that’s very unfortunate. It shouldn’t be happening because all they’re trying to do is protect their own crops and their business and stuff of that nature. We have no trespassing signs up. We have no snowmobiler signs up. We have it posted. It’s ignored. The snowmobilers go on. It could be a liability issue. Because I’ll tell you, if one of those snowmobiles are travelling at 60, 70 or 80 kilometres – like, they’re just flying across the field – and they hit an irrigation ditch that’s only three feet wide, the front part of that machine’s going to tip down. That’s going to flip over. They’re going to be killed. I explained that to the RCMP. They agree. My comment was Chair: Thank you very much, Randy. Randy Pitre: Thank you very much. Chair: We certainly appreciate it. The committee will move on. I think we’re running a little longer here than maybe might have been anticipated. 83 Agriculture and Fisheries 4 March 2016 Number five on the agenda is a request from Alexander MacKay regarding organic farming. Dr. Bevan-Baker: Okay. Mr. Gallant: I respect what you are both saying here, but this is an individual that wrote a letter that’s requesting to come into our committee. Anybody is allowed to come into our committee so maybe we should hear him. Maybe we should give him the privilege of coming in. I appreciate what you’re trying to do, but it could be going down a path we may not want to go down. Mr. Trivers: I have some comments on that, Chair, if you want? Sandy MacKay is one of my constituents. Reading through his email here to Ryan I frankly am having trouble understanding what his issues are even at a high level. I would like to propose that, as his member, I go and meet with him and try and clarify his issues and bring back a report to the committee so that we can further discuss whether we want to bring him forward in front of the group. Mr. Trivers: And that’s why I – Mr. Gallant: That we shouldn’t go down. Mr. Trivers: I suggest that maybe I clarify what his concerns are. I mean, we had a great presentation from Randy Pitre today. Chair: Sure, but yeah – how does the committee feel about this? Mr. Gallant: Yeah. Mr. Dumville: He’s not here today, right? Mr. Trivers: And we wouldn’t have had that if we said we have to go to a higher level organization. So I agree with you and I would love to just clarify because – unless someone wants to clarify today what they think his concerns are because I’m a little confused myself. Chair: No. Mr. Trivers: I don’t think so. Chair: I think that would fine as long as he’s clear in understanding that if he wants to present to the committee he’s welcome to present to the committee as well. An Hon. Member: Okay. Mr. Perry: The thing is – I agree – Mr. Trivers: This is just a request, Bush. He wants to come in. Chair: Hal? Mr. Dumville: Yeah, okay. Well, you do the preamble. Mr. Gallant: Let him come in and tell us his concerns. Mr. Trivers: I’ll do some due diligence here and see what’s going on. Mr. Perry: Yeah, I agree. We as MLAs shouldn’t be going out screening who should come in here to present. Collectively as a group we should make that decision. Dr. Bevan-Baker: Yeah, I understand that – I don’t know Sandy, by the way, but I assume he’s an independent organic farmer on the Island here. The organic farmers have their own organization. It would seem to me that that would be a more appropriate, or perhaps additional, presenters to come here. You might get a broader picture of what their issues and concerns are. Mr. Trivers: Okay. Mr. Perry: I agree with Sonny that we should let him come in. If he wants to come in and present, let him present. Mr. Gallant: Do you want to call for unanimous consent on that or how do you do that? Mr. Trivers: Now he was president of the certified organic producers co-op for one year ending in 2015, and he was also president of the UPSE union for several years in the early 2000s, but I agree with you 100% on that one, Peter. Chair: Do we have consensus on that? Mr. Trivers: Actually, I would like to review his letter a little bit more to 84 Agriculture and Fisheries 4 March 2016 understand what his concerns are here. Because I understand what you’re saying, we should have people come in to present to the committee, but do we – just anybody writes a letter saying: I want to come in and talk? We say you can come in and talk? Just like that? information that would give them an advantage. So it’s not just a tour. I just want to point that out. They do want to answer your questions and discuss concerns so – Mr. LaVie: Anybody can, that’s what it’s all about. Mr. Dumville: Ryan, can that be broken into two parts? Like the discussion and those that want to go on the tour, fine, and those who didn’t? Mr. Trivers: Even if we don’t know what their concerns are? I’m just saying. Clerk Assistant: I could – Mr. Perry: It’s regarding organic farming (Indistinct), so yeah. Mr. Dumville: Who already had the tour? Clerk Assistant: Yeah I could see about arranging two separate times. Maybe a tour to start at, say, 10:00 a.m. and then a meeting discussion say at 11:00 a.m., if that works better. Does that work for (Indistinct)? Chair: Organic farming. Mr. Trivers: All right, I mean, he is my constituent. I think it’s great to have him in front of the committee if you guys would think that’s appropriate. Mr. Gallant: If I may, I would love to do the tour. I’m just out of the province at that time so I couldn’t go, that’s why, because I’m out of province. Chair: Okay, so we have consensus to – Some Hon. Members: Sure. Chair: – bring Alexander MacKay in? Mr. LaVie: Yeah (Indistinct). If we can pick a date. All right, the next issue is invitation to tour the Atlantic Beef Products plant. Mr. Gallant: If there’s another date that’s okay, but if (Indistinct). Clerk Assistant (R. Reddin): I can speak to that, if I may? Chair: It’s getting close to Legislature time, too. Chair: Yes please, Ryan. Clerk Assistant: I had sent out an email earlier in the week about Atlantic Beef Products preferring for the committee to come and tour the plant instead of coming in here themselves to meet with you. Clerk Assistant: There’s also timing concerns from their part as well. Certain times of day they’re doing different things in the facility. Also, the presence of their chairman and their president who would like to meet with the committee. They’re not always available either. Some members are fine with that and available on the date, March 16th, but I have some members – basically about four available and three not or not interested because they’ve toured the plant before. Mr. Dumville: And they don’t do the tours while they’re – Clerk Assistant: While they’re slaughtering. I just point out that also Atlantic Beef Products, they would prefer to have the committee go there not just to see how it works, but also to meet with you in the boardroom there, answer any questions, rather than doing that on the record here where their competition could gain Mr. Gallant: Could we manage (Indistinct) – if it’s okay, can we check on another date? Mr. LaVie: Yeah. Mr. Gallant: And get back to us? 85 Agriculture and Fisheries 4 March 2016 Clerk Assistant: Before the session or after? Mr. Trivers: I think it’s extremely important that we do have a really good meeting with the Atlantic Beef Products plant because at least the vast majority of the concerns with beef farmers in my district deal with the plant specifically. Mr. Gallant: Before. Clerk Assistant: I could try – Mr. LaVie: We could do it during the session. Chair: Can we go ahead and have the tour and the meeting with three members short or do we want to try to – Mr. Gallant: Or we could do it in the morning (Indistinct) – Clerk Assistant: Yes – Mr. LaVie: That’s right. Mr. Gallant: Would it be acceptable to them for the committee to show up with half their membership? Some Hon. Members: (Indistinct). Mr. Trivers: But what’s the issue? We have one member that can’t make it? Mr. Perry: Substitution? Mr. Gallant: I agree with Colin. Let’s pick another date. If we can’t do it before the Legislature, do it while the Legislature is in session. We’ll go out there some morning or some afternoon when the Legislature is in session. Mr. Gallant: Three of us that can’t go. Mr. Dumville: Three. Mr. Trivers: You can’t go that particular day? Chair: Okay, so I guess the direction would be to try to work on a date that everybody – regardless of before, during or after the Legislature. Mr. Gallant: I can’t go, he can’t go, and I don’t know who the third is. Mr. LaVie: You can’t go either. Mr. Trivers: Sooner the better. Mr. Trivers: Why not? Mr. LaVie: (Indistinct) doesn’t sit till 2:00 p.m. Nobody takes an afternoon off or evening off – Mr. LaVie: You’ve got caucus. Mr. Trivers: I can go. Chair: No, we don’t do that. Chair: You can hold your caucus meeting there too. Mr. Perry: Is that everything (Indistinct)? Mr. Gallant: I regret I have to leave. I have another engagement and I’m late for it. Mr. Gallant: Is that everything, Chair? Chair: Yes. Chair: Okay, do we have something that we need consensus on or vote for before he goes? New business, any new business? We need a motion to adjourn. Clerk Assistant: No, I just need direction. Mr. Perry: Call for adjournment. Chair: Bye, Sonny. The Committee adjourned Some Hon. Members: (Indistinct). Clerk Assistant: I’m just looking for direction on what the committee would like me to do in terms of scheduling this. 86
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