Maintenance of Status
Once an applicant has been certified as a professional fish harvester by the Board, he or she must meet the Maintenance of Status Criteria annually in order to be certified by the Board in subsequent years. The Maintenance of Status Criteria are intended to:
a. determine a professional fish harvester's dependency on the harvesting sector of the commercial fishery;
b. set eligibility criteria for renewal of certification as a professional fish harvester following any period of certification as a professional fish harvester; and,
c. set eligibility criteria for certification as a professional fish harvester following any period of inactivity.
The Maintenance of Status Criteria are intended to ensure that certification is not granted to individuals whose primary employment is outside the harvesting sector of the commercial fishery, but use the industry to source its benefits. The criteria are not intended to penalize those who depend on the industry for their livelihood, and extenuating circumstances will be taken into consideration to deal with situations such as illness, moratoria, or extreme quota reductions.
The following Maintenance of Status Criteria will apply to all professional fish harvesters applying for certification:
a. professional fish harvesters applying for certification must meet a threshold of dependency on the harvesting sector of the commercial fishery. In order to be certified, professional fish harvesters must earn 75% (minimum of $3000) of their income during the fishing season from commercial fishing. Financial information to support a professional fish harvester meeting the required threshold of dependency must be provided to the Board upon application, either through a Declaration of Consent Waiver or a Public Accountant's Certificate;
b. for the purpose of determining whether a professional fish harvester meets the required threshold of dependency (75% of income earned during the fishing season, minimum of $3000), the Board will consider income earned from commercial fishing plus all other employment income and commissions including net income from self-employment. For the purpose of determining whether a professional fish harvester meets the required threshold of dependency (75% of income earned during the fishing season, minimum of $3000), the Board will not consider income earned from the following sources: Employment Insurance, Canada Pension Plan Benefits, Old Age Security Benefits, Social Assistance Benefits, public or private pensions, or business or investment income;
c. the Board will deny an application for renewal of certification from a professional fish harvester who fails to meet the Maintenance of Status Criteria for a period of two years, subject to the provisions of subsection (d); and,
i. professional fish harvesters can apply to the Board prior to the beginning of a fishing season for a leave of absence for up to two years. Professional fish harvesters must continue to renew their certification with the Board annually and, provided they do so, will maintain his/her existing category during the approved leave of absence.
ii. in the event of an unapproved leave of absence, the Board can require an applicant for recertification to complete further land-based education credits, or further full-time fishing activity in order to be certified at his/her most recent category.