Showing posts with label FPI. Show all posts
Showing posts with label FPI. Show all posts

09 August 2016

OCI dumps troubled shrimp plant on taxpayers #nlpoli

Ocean Choice International is in better financial shape today, having successfully dumped a surplus shrimp processing facility on the people of Port Union.  The plant - seriously damaged in 2010 during Hurricane Igor still needs major renovations.

OCI put the plant on the market in 2012 but couldn't find buyers.  In 2012,  company president Blaine Sullivan said that even if the hurricane hadn't damaged the plant, OCI would have closed either Port Union or the company's other shrimp plant in Port aux Choix.  The company couldn't supply both profitably with declines in the shrimp quota.

A company with strong ties to the provincial and federal Conservatives, OCI picked up the Port Union plant and other assets after the former provincial Conservative administration hounded Fishery Products International into self-destruction.

Then-fisheries minister Tom Rideout  - right, precisely as illustrated,  - played a key role in the campaign to destroy FPI.

Neil King, the Liberal MHA for the district, posted on Facebook that he would "be working with the town to secure funding for renovations which will create jobs in the short term."  That money would come from taxpayers, of course, although King did say if he'd be looking to St. John's or Ottawa to help out.

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Related:  The Walking Dead

24 November 2011

Suck it up, buttercup #nlpoli

Ocean Choice international is a local fishing company.  The key players in the company are from the Sullivan family.

You will recall one member of the family -  Loyola  - was a key cabinet minister in the Tory administration that started in office in 2003.  He is now used to be a federal fisheries ambassador.

Another offshoot of the family served as chief of staff to Tom Rideout – right, exactly as illustrated -  for the 43 days the fellow was premier.

Ocean Choice International, as a company, profited hugely while Tom was fisheries minister under Danny Williams.  The provincial government interfered left, right and centre in the fishing industry.  Rideout seemed to have it as a personal mission to torture one company - Fishery Products International  - to death. 

Rideout ranted about the company in every venue he could find .  Danny Williams joined in the assault.  Rideout started a prosecution against the company for supposed illegal export of fish from its Marystown plant for processing overseas. 

Williams and Rideout pushed changes to the law governing FPI through the House of Assembly to make running the company much more difficult than it already was given the unwarranted political attacks Williams, Rideout and the rest of the Tory administration waged against the locally-based international fishing company.

Ultimately, Rideout and Williams succeeded in smashing FPI to bits.

The profitable stuff, like the FPI brands, the marketing arm and an overseas subsidiary wound up going to fishing companies outside the province.

OCI scooped up a bunch of fish plants, some other odds and ends and the FPI headquarters Building in St. John’s with its large, beautiful boardroom.  OCI sold the building very shortly afterward. 

As the Telegram reported at the time:

According to a conveyance filed at the registry, OCI got $3.335 million for the building, located at 70 O'Leary Ave. in St. John's.

The buyer is Deacon Investments Ltd., whose sole director is local businessman Dean MacDonald.

OCI’s Martin Sullivan spoke to a board of trade luncheon on Tuesday.  Sullivan whined and moaned about the state of the province’s fisheries.  He bawled especially big tears over the heavy hand of government interference.

According to the Telegram’s account of the speech, “Sullivan pointed to yellowtail as an example” of the problems with government interference in processing and marketing.

This is an especially rich moment.  processing yellowtail flounder in China was a key part of Rideout’s ongoing persecution of FPI.  Ocean Choice and the Sullivans swooped in to take up the bits of FPI Rideout shook loose. 

A couple of years later Sullivan and OCI found themselves in exactly the same place FPI was. The provincial government is shagging around with the company over the exports yet again. 

No one should shed any tears over OCI’s current predicament.   They who live by the unholy sword of government interference can’t really expect sympathy when they start getting the same shaft right up to the hilt.

People like Sullivan who represent the fishery of the past ought not to have any say in determining the fishery of the future.  That is, not unless Martin and his friends are willing to compensate the public treasury for the occasions when they profited from the interference he now bitches about.

Otherwise, Sullivan and his compatriots and just suck it up and leave the future of the fishery to other people who have an ounce of credibility.

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Related:  Liberal fisheries critic Jim Bennett wants equal time at the board of trade to rebut Sullivan largely with a dose of the same thinking that helped create the current mess.

What the crowd at the board of trade – proponents of the Maximum Government Interference school of free enterprise thinking – have already heard it all before.

What the board of trade could use is a dose of some original ideas, even if they wouldn’t like them.  That’s the only way we might build a successful fishery of the future.

06 January 2011

Just imagine…

For some reason, the Conservative government of Danny Williams wanted to smash Fishery Products International and sell off the bits and pieces.

FPI used to be a large and successful fish processing company based in Newfoundland and Labrador.
Now it doesn’t exist any more and the most lucrative bits and pieces wound up in the hands of people who don’t do much business in Newfoundland and Labrador.

Just imagine if certain powerful interests in the province hadn’t destroyed the company.  FPI might be doing what one of its former competitors is now doing:  trying to buy into the Iceland fish business.
High Liner announced late Tuesday that it made an unsolicited offer worth ¤340-million ($445.4-million) to acquire Icelandic, one of the three biggest value-added seafood processors to the U.S. food service market. It wants the company simply to bulk up its own business.
That wouldn’t normally be front-page news. But in this case, it was the main story in at least two major media outlets. Why? Because Icelandic is owned by a public pension consortium run by the Framtakssjódur Íslands fund. And the owners have excluded the Canadians so far from the takeover process. High Liner piping up publicly was akin to a foreign company telling Iceland’s politicians to smarten up and open up the sales process to more bidders.
There’s a fascinating story in the Financial Post on the whole thing.

The world is only as small as people imagine themselves to be and, for the past seven years, this province has been dominated by people whose vision is incredibly myopic.

The consequences of such limited thinking are all around us, from the fragile economy that worries the cabinet minister who helped create it to this sort of lost opportunity in the fishery.

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13 October 2009

The result of fisheries mismanagement

Once upon a time, Fishery Products International built a state-of-the-art shrimp processing plant that would have provided employment to its work force 48 weeks out of 52.

The project was contingent on the provincial fisheries minister showing some sense in handing out shrimp processing licenses.  It depended on provincial politicians not trying to shift all the displaced cod and other plants with which the province remains grossly oversupplied onto other species like shrimp.

And, as it turned out, it also depended on provincial politicians not actively collaborating with efforts to smash the company that ran the plant and then sell off the bits and pieces – including the highly successful brands and the marketing arm – to anyone who wanted to scoop up the remains.

All it needed was a plant able to complete internationally run by a local fishing company big enough and well enough established to compete successfully around the globe.

That didn’t work, did it?

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31 July 2007

Long, lingering death

Fishery Products International (TSX: FPIL) postponed its annual meeting from August until October.
"Negotiations between FPI and these two companies are ongoing, and there is no certainty that definitive agreements and transactions will result," the company said in a release.

FPI said the postponement will allow it and its buyers to wrap up negotiations.

The Newfoundland and Labrador government approved the sale and breakup of FPI, one of Canada’s largest seafood processors, to rivals Ocean Choice and High Liner in May.

Russ Carrigan, a spokesman for FPI, said the news release doesn’t mean a deal is any less likely than when talks started in late May.

However, he said discussions over the value of the assets are complex because of the breakup of FPI into component parts.
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10 June 2007

Crown Liability Act?

So why exactly has the Government of Newfoundland and Labrador introduced a specific piece of legislation that will prevent any legal action against the Crown in relation to the break-up of Fishery Products International?

The Crown Liability Act, 2007 provides that
"2. (1) An action or proceeding does not lie or shall not be instituted or continued against the Crown or a minister, employee or agent of the Crown based on a cause of action arising from, resulting from or incidental to the disposition of the assets, business and other undertakings of FPI Limited or Fishery Products International Limited.

(2) A cause of action against the Crown or a minister, employee or agent of the Crown arising from, resulting from or incidental to the disposition of the assets, business and other undertakings of FPI Limited or Fishery Products International Limited is extinguished.

and...

3. A person is not entitled to compensation or damages from the Crown or a minister, employee or agent of the Crown arising from, resulting from or incidental to the disposition of the assets, business and other undertakings of FPI Limited or Fishery Products International Limited.
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01 June 2007

FPI: One Nova Scotian's View

Jim Meek's column in the Chronicle Herald:
Demone says that consolidation is coming – belatedly – to the fishing industry. FPI’s assets should put the Nova Scotia company in a position where it is among the winners – or consolidators – in this transition.

It doesn’t hurt, either, that High Liner’s major shareholders include Nova Scotians with long-held stakes in the company. These are not quick-flip artists.

As for Henry Demone, he seems to have done the impossible in this FPI deal – convince Danny Williams that it’s OK to sell Newfoundland fishing assets to a Nova Scotia company.

We’re talking high-level diplomacy here. I may even have to rethink the Attila thing.
Does anybody else finding it passing strange that Danny Williams has blessed the break-up of a major local fish company and is planning to sell off the most lucrative marketing assets to a Nova Scotia company?

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29 May 2007

Saving stamp factories aim of government policy

A majority of Fishery Products International headquarters staff will likely be on the streets looking for new jobs employment after the smash-up of the once-proud fisheries company.

The provincial government announced on Monday that it had accepted a deal that would see the company broken up and sold to smaller local companies and with the lucrative marketing arm and FPI's only secondary processing facility sold off to a Nova Scotia fishing company.

Under the deal, the plant operators in Newfoundland and Labrador are required to keep employment levels - much of it heavily dependent of employment insurance benefits to keep people going for much of the year - at current levels for a minimum of five years.

Meanwhile, a majority of FPI's headquarters staff will likely get lay-off notices according to Henry Demone. The High Liner official told CBC Radio he expected a majority of the professional staff in St. John's will be looking for new jobs.

It won't be a good time for those professionals to be looking for work, at least in Newfoundland and Labrador. They'll be handing out resumes in a regionalready hit by a major slowdown in the oil and gas industry. The failure of a Hebron agreement last year cost the province about 3000 jobs and more than $10 billion in provincial government revenue. A squabble with oil companies over a 300 million barrel extension is also forecast to slow growth in the provincial economy and the impacts are being felt in the local job market.

In a news conference on Monday, though, Newfoundland and Labrador Premier Danny Williams heralded the new deal.
Williams told reporters that the agreement announced Monday actually worked out to be better for the province than its original demand.

"We in fact feel that we actually strengthened it," Williams said."I'm not just saying that, you know, to try and basically accommodate for the fact that we didn't get the quotas at the end of the day, but the federal government wasn't prepared to pass the quotas over [so] we got into a negotiation with them and [we] feel that we ended up better off, quite frankly."
The provincial government has been engaged in an ongoing war with the former FPI board of directors. It took over 18 months to review a capitalization plan and only approved after the plan - to turn an asset into an income trust - had become functionally useless. The war has been marked by frequent - and apparently unfounded - accusations that the former board members were looking to break up FPI and acquire the assets for their own fishing companies.

In the end, the only people talking about breaking up the company were the provincial government and the head of the fishermen and fish plant workers' union.

Effectively, the deal ensures that FPI, which likely would have swallowed up smaller operators like Ocean Choice in the highly competitive local processing industry, has been smashed up.

Key assets, which reportedly also marketed fish for smaller local companies, have been sold off to interests outside the provinces.

The only thing guaranteed in the deal announced Monday seems to be the survival of fish processing plants in a sector of the economy already well-past glutted with capacity that cannot be met with supplies of local fish. Increasingly fish plants in Newfoundland and Labrador have come to be regarded as stamp plants, in which employees work for only enough weeks to qualify for federal income support programs.

Survival of the so-called stamp factories seems to have been one of the major objectives of fisheries minister Tom Rideout.

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28 May 2007

FPI sold

The official announcement came on Monday, even though the deal has been in the works for a couple of weeks.
The Honourable Danny Williams, Premier of Newfoundland and Labrador, and the Honourable Tom Rideout, Minister of Fisheries and Aquaculture, today announced that the Provincial Government has reached two separate Memoranda of Understanding (MOU) with Ocean Choice International (OCI) Incorporated and High Liner Foods Incorporated for the sale of various FPI assets. The MOUs also outline the terms and conditions that will accompany the successful completion of those transactions and provide the necessary protections for the province’s interests. The sale remains conditional upon the signing of final binding legal agreements between both companies and FPI, which is expected in the coming weeks. The Provincial Government will also approve the sale of The Seafood Company, a primarily independent business unit located in the United Kingdom, which will be sold to interests in Europe.
One of the consequences of this deal is that the lucrative marketing arm of Fishery Products International will be sold to a Nova Scotia-based company. Another marketing asset based in the United Kingdom - which would have been a useful way to market local shellfish in the European Union will be sold to European interests.
"Since 2001, it is clear that FPI has pursued a business strategy that has been incompatible with the public policy objectives of the Provincial Government [sic] and communities that depend on the company," said Minister Rideout. "The agreements we are announcing today hold the promise of finally rectifying that situation, and our approval of this sale is reflective of this government’s confidence in the industry to move forward in a productive way that will serve the best interests of all stakeholders."
Time will tell if the second part of that statement is true. Certainly, the first bit - about the business strategy - is bordering on the completely nonsensical. Rideout has never indicated what the provincial government's public policy objectives are.

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18 May 2007

Sanford looking at disappointing first quarter results

From the New Zealand Herald:
Fish exporter Sanford warned of a disappointing first half result, after a high New Zealand dollar ate into profit and weaker United States markets dampened sales.

Revenue was down 2 per cent for the six months ended March 31, as disappointing sales in the second quarter reversed a 15 per cent rise in the first three months.

...
Profit would be boosted by a one-off gain of over $6m on the sale of Sanford's Argentine investment.

Proposals to sell the major assets in its 15-per cent owned Fishery Products in Canada were under consideration. If concluded, the sales could result in a one-off gain of about $20m, [Sanford managing director Eric] Barratt said.

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12 May 2007

Complaint a vendetta says Armoyan

Geroge Armoyan is calling it a vendetta.

That's the complaint by the Government of Newfoundland and Labrador that Armoyan engaged in insider trading when he sold off shares in Fishery Products International.
"It's just ridiculous -- everything I did was within the law," Armoyan said in an interview. "There is no doubt this is a politically motivated strategy by the government. Anybody who says something negative about the government, they try to create problems for them. It's an abuse of power."

Note to CanWest fact checkers:

Check facts.

This statement is completely false:
The Newfoundland and Labrador government won the power to approve the sale of company assets when St. John's-based FPI was restructured two years ago.
FPI is controlled through an act of the provincial legislature. In 2006 - not 2005 as this sentence suggests - the legislature amended the FPI Act to give cabinet the authority to approve any say of FPI assets. Prior to that any sale of assets would have required approval of the legislature.

Further, the company was not restructured in 2005.

Note as well to Globe fact checkers: the complaint isn't with the Ontario Securities Commission. Fish minister Tom Rideout, seen at right at an anti-FPI rally held in February 2006, made the complaint to the Newfoundland and Labrador securities watchdog.

There is no indication Ontario regulatory authorities have taken any action nor is there any public indication Armoyan failed to abide by existing securities laws.

As reported, Rideout's accusation suggests criminal activity. There is no evidence of criminal activity.

As Rideout described it to reporters on Friday, his concerns focus on the possibility Armoyan violated an FPI board directive banning directors from trading in FPI shares during the sell-off talks.

There is no public record of such a directive.

Rideout is also concerned that some unnamed individual or company has acquired more than 15% of FPI's shares, the limit set in the FPI Act.

In that situation, Rideout's complaint would be with the purchaser, not the seller and the situation would not involve any form of insider activity.

Rideout is the province's attorney general.


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02 May 2007

Province to leave lucrative quotas with companies

I never professed to be a business person, Mr. Speaker, have not got a business clue in my body, never paid a payroll in my life, but even my elementary sense of business tells me there was something right about that whole process, Mr. Speaker.
Fisheries minister Tom Rideout, House of Assembly, May 1, 2007.


Deputy premier and fisheries minister Tom Rideout confirmed in the House of Assembly Tuesday that the provincial government is only interested in gaining control of Fishery Products International's groundfish quotas.

The lucrative quotas for shrimp and crab will remain with the company that purchases FPI's assets, likely Ocean Choice and High Liner.

Rideout explained the rationale in a news release:
"The top priority for our government is ensuring that maximum benefits are received," said Minister Rideout. "Unlike shrimp and scallop, which are primarily offshore factory freezer operations, a substantial component of the groundfish sector involves significant onshore employment through processing. Under current DFO policy, any Enterprise Allocation licence holder is not obligated to land their catch in the province and therefore is free to freeze at sea and send this product to other countries for processing. This is a tremendous threat to our province, and our ownership of these quotas will ensure that Newfoundland and Labrador continues to enjoy these benefits over the long-term."
The groundfish quotas produce the largest number of jobs in local processing plants, hence government's interest in them, even though groundfish is considerably less lucrative than the other quotas.

As Bond Papers noted earlier in the FPI debacle, the province is looking to ensure the maximum level of employment in processing plants, irrespective of the long-term financial viability of the operations in an industry that is already oversupplied with plants and plant workers. While Bond may have been more than a bit off in some of the other projections, in the long run that much was right: the groundfish quotas are being retained to make sure that the maximum number of people have sufficient work to qualify for federal financial assistance. That's basically the philosophy the provincial government followed the last time Rideout was fisheries minister and as much as there is evidence of the need for significant change in the fishery, Rideout's plan is to keep things much like they were.

In the legislature, Rideout admitted that he had never run a business and professed to have no specific knowledge of business. Perhaps that explains Rideout's efforts to prevent FPI from exporting undersized fish and why he is so anxious for the provincial government to retain quotas for groundfish, a portion of which simply cannot be processed economically in the province.

There's no small measure of irony - or is it hypocrisy - that for all the talking of retaining what is rightfully "ours" and for all the Premier's interest in FPI's American marketing arm, that portion of the company's portfolio will be sold off to a Nova Scotia company. For all the time Danny Williams and others spent accusing the current FPI shareholders and directors of plotting the destruction of the company, in the end, it was a combination of factors, including provincial government policy that led to the dismantling of FPI and exactly the situation Williams seemed to oppose.

On top of that, consider that changes to the FPI Act made last actually greased the skids. Most observers missed it entirely, and fish minister Rideout continues to spread the myth that the legislature must approve and breakup of FPI. Yet, as Rideout well knows, the power to approve any sale of FPI and its assets was transferred out of the hands of the individual legislators and handed to cabinet.

The deal is already done. And if cabinet hasn't blessed it yet, the crowd in charge are guaranteed to approve the sale at the earliest opportunity. That's why FPI share prices have jumped lately: there's a sign that the tortures are over and the valuable bits and pieces will be sold off.

The debate in the legislature on Bill Number One, already given first reading and so far unseen by the House, will do nothing except set up a new regime for a new company called FPI as already approved by cabinet. If cabinet didn't know the details of the arrangement, they would not have introduced the new FPI bill before any other piece of legislation in the new session.

The end result of this whole FPI mess is actually quite simple to see. A once-proud company has been rent. The marketing arm, which supported the province's fishing industry as whole, has now gone off to Nova Scotia hands. A local company has picked up some of the other assets - the lucrative ones - and the provincial government is stuck holding the poorest piece of the whole pie.

But they have the one which, to an old-fashioned politico like Rideout with nary a business clue, gives them the most political brownie points. What the provincial government actually gets of course, is a prolonged headache that comes from standing in the way of the shifts and changes needed in the fishing industry. All it took was two and a half years of agony for the ordinary workers at FPI, a considerable loss for those who, like Sanford Limited had invested in FPI planning to have it make money, and ultimately the solution it seemed no one in the province had wanted. Later this month, we will be without Fishery Products International, except in skeleton, and with its most lucrative component - the one that produced value for the industry as a whole - controlled by outside interests.

It would seem that Rideout and his supporters have a political clue comparable to his business one.

30 April 2007

FPI sold

Several news stories on Sunday and Monday report that Fishery Products International (FPI) is being sold. The Newfoundland assets are reportedly being sold to an arm of the Penney Group while a secondary processing facility and the American marketing arm are going to Nova Scotia-based High Liner Foods.

A new FPI Act was introduced in the House of Assembly last week, although details of the bill have not disclosed.

A continuous disclosure statement issued by Sanford Limited in mid-April stated:
Proposals to sell all the major assets in (15% owned) Fishery Products International Limited (TSX: FPL) in Canada are under final consideration by the FPL board. If these sales are concluded and approved by the Government of Newfoundland and Labrador the company will have a value well in excess of share trading prices over the last three years. Recent volume sales of shares in the company have occurred at C$15. This is well in excess of our present carrying value of C$7 per share and if this value is realised will result in a one-off gain of approximately NZ$20m.
Bond Papers has previously discussed Sanford Limited and FPI here, here and here.

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13 March 2006

Bennett off base on Fishery Products International

Provincial Liberal leader Jim Bennett today called on the government to investigate Fishery Products International Limited (FPI) because:
"One of the provisions of the FPI Act -– the 15 per cent rule -– was that control shouldn't leave this province," said Bennett.

"Clearly control has left this province because certain shareholders have gotten together and ousted the board and replaced the former president."
In a news release, Bennett claimed that restriction that no single shareholder could own more than 15% of the company's publicly traded shares "was supposed to ensure that interests of the company remained in Newfoundland and Labrador, and in the best interests of our people."

Bennett alleges that a group of shareholders may have colluded to weaken FPI. "I want an independent investigation to determine if the new board is trying to dismantle the company so that their interests will be served by eliminating a competitor, while picking up the pieces of a valuable company at a fraction of their value."

There are a couple of problems with Bennett's claims.

First, while it is politically popular to allege that FPI is in financial trouble because of under-handed dealings, there simply is no evidence to support the claim. Problems with the income trust proposal have as much to do with the inordinate delay the provincial government took in approving the proposal than anything else. The other financial difficulties have to do with the state of the international fish business and some admittedly questionable decisions made by FPI management. However, there is no evidence of a plot to destroy the company and sell off its assets as Bennett alleges.

Second, there is nothing in the Fishery Products International Act that links the 15% ownership restriction with control of the company remaining within Newfoundland and Labrador. It is highly doubtful that any stock exchange would accept trade in FPI shares if ownership of those shares was restricted such such that shareholders had to reside within Newfoundland and Labrador.

Look at it this way: if there were only 100 shares, the FPI Act allows that no person can own more than 15 of the shares. It says nothing about the person owning those shares being resident in the province. For Bennett to have his way, there would have to be a further restriction in the FPI Act stating that shareholders not resident in Newfoundland and Labrador constitute less than 49% of the total number of shareholders. Good luck trying to find that provision in the FPI Act.

So with this second foray into the FPI business, Bennett is batting zero for two. His first call for the nationalization of FPI was a nonsense. His second call seems to be based on public rumour and misperception as well as a complete misreading of a simple statute.

But hey, if Bennett has any evidence to back up his outlandish claims, let him put it in public. Otherwise his interpretation about this law is likely to get the same simple dismissal his recent constitutional arguments got.