GROUNDFISH

INTEGRATED FISHERIES MANAGEMENT PLAN

SCOTIA-FUNDY FISHERIES

MARITIMES REGION

APRIL 1, 2000 - MARCH 31, 2002

TABLE OF CONTENTS

1. OVERVIEW OF THE FISHERY

1.1 Participants

1.2 Location of the Fishery

1.3 Time Frame of Fishery

1.4 Landings, Landed Values and Markets

1.5 Consultative Process

1.6 Management Styles 7

1.6.1 Community-Based Management (fixed gear less than 45 feet)

1.6.2 ITQ Fleets (mobile and fixed gear vessels)

1.7 Links with Activities under the Oceans Act and Other Planning Initiatives

2. STOCK STATUS

2.1 Biology, Environment and Habitat

2.2 Species Interactions

2.3 Assessment

2.4 Research

2.5 Prospects

3. CURRENT MANAGEMENT ISSUES

4. LONG-TERM OBJECTIVES FOR THE FISHERY

5. SPECIFIC MANAGEMENT STRATEGIES

5.1 Conservation

5.2 International Considerations and Obligations

5.3 Domestic Considerations

a) Aboriginal Fishery

b) Recreational Fishery

c) Commercial

d) Exploratory/Experimental

6. MANAGEMENT MEASURES FOR THE DURATION OF THE PLAN

6.1. Quota Allocations and Technical Measures

6.2. Current Management Issues and Enforcement Measures

7. ENFORCEMENT MEASURES

8. FINANCIAL RESPONSIBILITIES

8.1 Industry and/or Other Harvesters

8.2 Fisheries and Oceans

9. PERFORMANCE REVIEW

9.1 Management Plan Evaluation Criteria

9.2 Conservation and Protection Plan Evaluation Criteria

9.3 Annual (post-season) Review Results

Appendix 2 Groundfish Export and Product Forms

Appendix 3 Stock Status and Prospects

Appendix 4 LC Fixed Gear Example

Appendix 5 Conservation Harvesting Plans

Conservation Harvesting Plan for all Vessels Greater than 100'

Conservation Harvesting Plan for Fixed Gear 45'-65'

Conservation Harvesting Plan for Fixed Gear 65'-100'

Conservation Harvesting Plan for Fixed Gear less than 45'

Conservation Harvesting Plan for Generalist

Conservation Harvesting Plan for ITQ less than 65'

Conservation Harvesting Plan for Mobile Gear 65'-100'

Appendix 6 Press Release

Appendix 7 Allocations and Landings Tables

GROUNDFISH

INTEGRATED FISHERIES MANAGEMENT PLAN

SCOTIA-FUNDY FISHERIES

MARITIMES REGION

1. OVERVIEW OF THE FISHERY

The federal Department of Fisheries and Oceans (DFO) has regulated the groundfish fisheries off the coasts of Atlantic Canada since extension of fisheries jurisdiction on January 1, 1977. The first groundfish fishing plan was announced by the then Minister, the Honourable Romeo LeBlanc on December 21, 1976. A policy of "best use", defined by the sum of net social benefits derived from the fisheries and associated industries (Policy for Canada's Commercial Fisheries, Environment Canada, Ottawa, misc. publ., 70pp) provided guidance for this and subsequent plans. A central element of this policy was to harvest the resource at a rate no greater than F_0.1. Total Allowable Catch (TAC) controls, which were already in widespread use by the International Commission for Northwest Atlantic Fisheries, were retained as the primary method for control of exploitation rate. Subsequent annual plans introduced ever greater sub-allocations of TACs to interest groups defined predominantly by vessel length and gear used. Limited entry licensing, first introduced for the large trawler fleet in 1973, was extended to all groundfish vessels in 1976. The Sector Management Policy that restricted inter-regional mobility of boats less than 65 feet was introduced in 1982.

A further policy review was conducted in 1982 in response to a financial crisis in the industry (Navigating Troubled Waters: a New Policy for the Atlantic Fisheries, Supply and Services, Ottawa, 379pp.) that proposed new objectives of economic viability, maximization of employment and Canadianization. Support provided by the report for the introduction of quasi-property rights in the groundfish fishery was particularly influential. The initial allocation of non-transferable quotas to large fishing companies, termed Enterprise Allocations (EAs), was extended to the entire greater than 100 feet groundfish fleet in 1984 and to both the mobile and fixed gear 65-100 feet fleets in 1988.

Catching capacity of inshore (less than 65 feet) fleets continued to increase however and in combination with declines in stock abundance in the late 1980s, precipitated another crisis and establishment, in this case, of a regional task force (Report of the Scotia-Fundy Groundfish Task Force, DFO Cat. No. Fs 23-157/1989). The main recommendations of the report focused on improvements to fleet management and led, in 1991, to introduction of quasi-property rights for the inshore mobile gear fleet. In recognition that an efficient and timely means of monitoring landings was an essential feature of an individual transferable quota (ITQ) system, the Department introduced the Dockside Monitoring Program (DMP) to verify and report landings on a timely basis. Fishermen's organisations are now required to contract, at their own expense, independent monitoring companies situated throughout the Scotia Fundy Sector to carry out dockside monitoring, as required by DFO.

A rapid collapse of groundfish stocks in the early 1990s required closure of most groundfish fisheries east of Halifax and the introduction of large-scale financial support and fishermen retraining programs. On the basis of recommendations from another task force (Charting a new course: towards the fishery of the future. Task Force on Incomes and Adjustment in the Atlantic Fishery, DFO Misc. Publ., Cat. No. Fs 23-243/ 1993), a policy to reduce groundfish harvesting capacity on the Atlantic Coast by 50% was adopted through licence buyouts.

Inshore fixed gear licence holders in the Region fished under competitive quotas until 1996, when an experimental community quota system was introduced that divided the fleet into seven community groups based on geographic location. Each group was given a share of quota based primarily on the collective catch history of the licence holders in the group. This community-based approach was extended annually for 1997 and 1998 and then for a five-year period. Within each community, management boards are responsible for distribution of catch allocations and development of in-season management plans.

1.1 Participants

The groundfish fishery is prosecuted by a wide variety of vessel sizes ranging from small inshore fixed gear vessels to large offshore trawlers. Table 1 lists the number of eligible licences versus the number of active licences (defined as those with recorded landings) by fleet for the Scotia-Fundy Sector in the 1999/2000 fishing year. This table includes the number of active licences in the three management areas (Eastern Nova Scotia, Southwestern Nova Scotia and Southwestern New Brunswick) for the fixed gear less than 45 feet fleet. Limited recreational and aboriginal food fisheries take place in addition to these commercial activities. There are over 100 groundfish processing plants in the Scotia-Fundy Sector.

TABLE 1

*Refers to n umber of licences followed by number of units licensed, e.g., 7/43, this refers to 7 separate licences with 43 licensed vessels. Numbers may vary depending on use of TVRP.

1.2 Location of the Fishery

The Eastern Scotian Shelf fisheries for cod and haddock were closed in 1993 and remain under moratoria. Fixed gear fleets maintain a fishery in this area based mainly on pollock, and halibut. The inshore mobile gear fleet continues to fish for pollock, flatfish and redfish, while the offshore fleet concentrates its fishing on redfish and pollock.

The Western Scotian Shelf is presently fished predominantly by the inshore fleets, both fixed and mobile. An exception to this is the pollock fishery, which has a large offshore fleet presence.

Georges Bank is also fished primarily by the inshore fleets at this time. Cod and haddock were the main species fished historically, but a yellowtail flounder fishery was established in the early 1990s and continues to expand.

The offshore fleets are managed on an Atlantic-wide basis and the Scotia-Fundy based large trawler fleet fishes in waters outside the Region.

1.3 Time Frame of Fishery

The Scotia Fundy groundfish fishery takes place throughout the year with various fleets adjusting the timing of the fishery based on local abundance, weather and market conditions, and on interactions with other fisheries (e.g. lobster). A long standing spawning (March 1-May 31) and more recent pre-spawning closure (January1-February 28) limits activity on Georges Bank to a summer and fall fishery.

The present plan is the first to be based on a fishing year of April 1 to March 31. This change was introduced to provide more time for planning and consultation. It avoids the difficulties associated with the immediate pre-Christmas season and concentrates these activities in the least active fishing period. To effect the transition to this new fishing year, the previous plan was established for the 15 months during January 1, 1999 - March 31, 2000.

1.4 Landings, Landed Values and Markets

The 1990s saw dramatic shifts in the fishery economy due mainly to groundfish closures on the Eastern Scotian Shelf and declines in abundance of various groundfish stocks on the Western Scotian Shelf and Georges Bank. This has been mitigated in some areas by the recent expansion of fisheries for higher-valued shellfish species.

Both landings and total landed value of groundfish in the Scotia-Fundy Region have decreased since 1992 with the lowest levels of the ten-year period occurring in 1995 and 1996 respectively (Fig 1). With the decrease in quotas the price per pound of groundfish has generally increased. The value of landings of groundfish species in Scotia Fundy was $79 million in 1999, down 12.3 % from 1998 (Appendix 1). Groundfish accounted for 13.3% of the Scotia Fundy landed value in 1999, far below its long-term average. Cod and haddock were the most important groundfish species accounting for $16.8 million and $20.5 million respectively in 1999.

Figure 1

Export data are available only by Province and, as the Scotia Fundy Sector includes parts of Nova Scotia and New Brunswick, data on the markets for Scotia Fundy groundfish products are not available. Processors in the Sector also import groundfish from abroad for further processing and re-export, adding another layer of complication. However the Nova Scotia exports appear to provide a good approximation for Scotia Fundy exports, as they follow the same general trend as the Scotia Fundy landed values (Fig. 1). Landed and export values in Figure 1 are shown in constant 1999 dollars.

The value of Nova Scotia groundfish exports in 1999 was $252 million. The United States was the biggest importer in 1999, accounting for $216 million or 86 % (Fig. 2). This was followed by Jamaica with $15.6 million (6.2%) and Portugal with $5.3 million (2.1%). There have been significant changes in the export markets for Nova Scotia groundfish over the past decade. In 1990, there were many European countries importing groundfish products from Nova Scotia (Fig. 3). The biggest decline over the decade was in the exports to Portugal, mainly in salted fish.

Nova Scotia Groundfish Exports by Country, 1990 and 1999

For groundfish as a group, the percentage share of salted fish has declined over the last decade (Appendix 2). In 1990, about 34% of the groundfish export value came from salted fish and by 1999 salted fish made up only about 16% of the export value. The percentage of fresh/whole/dressed fish meanwhile increased from 14% of export value in 1990 to 23% in 1999.

Figure 3

The dominant product form varies by species. For some species, there were also significant changes in product forms between 1990 and 1999 ( Appendix 2).

1.5 Consultative Process

The views of the fishing industry are provided to DFO Scotia-Fundy Sector personnel through a series of regional management committees for the inshore fleets:

• the Fixed Gear Advisory Committee consisting of industry representatives drawn from the community management boards,
• the Scotia-Fundy ITQ Committee which consists of representatives based on quota holdings by area in specific tonnage groupings, and
• the fixed gear ITQ fleet and the Generalist Group.

Consultations for the greater than 65 feet fleets are handled through three Atlantic-wide committees:

• the Groundfish Enterprise Allocation Council (GEAC) for EA companies greater than 100 feet;
• the 65-100 feet fixed gear group; and
• the 65-100 feet mobile gear group.

The latter two groups are referred to as Mid-shore Groundfish Vessel Owners (MIGVO).

Scientific advice on stock status is provided by the Regional Advisory Process (RAP) for domestic stocks and by the joint Canada - USA Transboundary Resources Assessment Committee (TRAC) for shared stocks on Georges Bank. Members of the fishing industry participate in these committees to provide their knowledge of fishing conditions.

The information provided by RAP, in the form of Stock Status Reports (SSRs), is one of the primary inputs to the consultations on conservation issues among DFO, industry clients and the Fisheries Resource Conservation Council (FRCC). The FRCC is a group composed of industry members and non-government scientists appointed by the Minister to provide him with public recommendations on TACs and other conservation measures. Prior to giving their advice, the FRCC conducts public hearings to obtain industry views.

The advice from TRAC is used by the FRCC in formulating its recommendations to the Minister on the total removals from the Georges Bank transboundary groundfish stocks It is also important input to the joint Industry/DFO Gulf of Maine Advisory Committee (GOMAC), which advises the Minister on issues relating to Canadian quotas and other management measures.

Following release of the FRCC recommendations, DFO fishery managers consult with regional management committees to assess the impact of implementing them prior to any decisions by the Minister. Following announcement of the regulatory measures approved by the Minister, further consultations are held with the management committees to obtain input into the IFMP process and to develop operational rules, i.e., the content of Conservation Harvesting Plans (CHPs').

1.6 Management Styles

The Scotia-Fundy groundfish fishery is regulated through a system of catch quotas to a variety of Community, ITQ and EA groups. Within these groups, quotas may be subdivided by vessel (or company in the case of EAs) or fished competitively. Transfers of annual allocations (tons of fish representing that year's share of the TAC) and of quota entitlements (% of TAC on a permanent basis) are allowed in circumstances that vary by fleet.

1.6.1 Community-Based Management (fixed gear less than 45 feet)

A Community management approach allows for community solutions to problems in fish mangement and gives industry associations the opportunity to develop conservation harvesting plans that address seasonal fishing patterns and provide most benefit to their own group. Seven geographic community quota groups were established within the 4X management zone largely follow county boundaries and are defined as follows:

• all licence holders residing in Eastern Nova Scotia with a catch history in 4X;
• all licence holders in Halifax County west of Halifax;
• all licence holders in Lunenburg and Queens;
• all licence holders in Shelburne County (two management boards);
• all licence holders in Yarmouth County;
• all licence holders in Digby and counties further north within Nova Scotia;
• all licence holders in Southwestern New Brunswick;

The Shelburne community required two separate management boards mainly because of major differences in both performance and philosophy, between the larger highline vessels and the smaller inshore operators giving a total of eight management boards in 4X.

These management boards provide input into in-season management and develop, implement and monitor community fishing plans. These management approaches apply generally to the cod, haddock and pollock fisheries in the 4X5Y area. Each board develops harvesting plans primarily for three gear sector quotas, i.e., handline, longline and gillnet. Seasonal quotas and industry monitored trip limits are also established for each of these groups. Quota transfers (temporary) are permitted between communities.

For species such as halibut and hake, where specific community quotas have not been established, management is under a single competitive harvesting plan developed and agreed to by all the community management boards. In order to ensure the orderly harvest of these species global quotas have been broken into stock area components, i.e., 4VN, 4VsW, 4X and 5Z, where required. Pollock quotas were also based on these area breakdowns prior to further sub-allocation to the various management boards.

On the Eastern Scotian Shelf two community management boards, 4VsW and 4Vn, develop fishing plans for species not under moratoria. Fixed gear licences based in 4X with a recent catch history of these species in 4VW are eligible to fish there but must follow the plan established by the 4VsW Board and fish with either gillnet or longline. Within the 4X boards the Shelburne community did not support a single harvesting plan for 4X vessels fishing in 4VsW and negotiated a separate Shelburne quota in 4VsW based on their own catch history. This quota was subsequently divided between the two management boards based on the catch histories of licence holders.

1.6.2 ITQ Fleets (mobile and fixed gear vessels)

Most mobile gear vessels in this category (327 licences) are in what is referred to as the ITQ fleet. This group has fully transferable individual vessel quotas for cod, haddock, pollock, flatfish (except Georges Bank yellowtail) and redfish. All other species are fished competitively or under bycatch restrictions.

There is, in addition, a fleet of 28 mobile gear vessels known as the Generalist fleet that have chosen to fish their combined ITQs as fleet quotas. Generalists retain the option of moving to the ITQ fleet and this fleet is currently half of the size established in 1991.

Fixed gear vessels of 45-65 feet fishing from Nova Scotia ports established an ITQ program in 1997 and the New Brunswick portion of this fleet adopted a separate ITQ system in 1998. Currently there are 52 and 14 licensed vessels respectively in these fleets, with none in the New Brunswick fleet actively fishing. These fleets have fully transferable individual quotas for cod, haddock, pollock, halibut and white hake. For 1999/2000, individual quotas are not available for white hake (currently fished as a bycatch to a cap of half the 1998 quota). All other species are fished competitively or under bycatch restrictions. Temporary quota transfers are permitted between the mobile and fixed gear ITQ fleets for 2000.

The offshore (greater than 100 feet) and mid-shore (65-100 feet) fleets have fully transferable EAs for most species as well as a series of competitive and bycatch pools for some of the smaller companies. Temporary quota transfers between the two fleets are permitted.

1.7 Links with Activities under the Oceans Act and Other Planning Initiatives

Canada's 1997 Oceans Act promotes the wide application of the precautionary approach to the conservation, management and exploitation of marine resources in order to protect these resources and protect the marine environment. Changes are underway in the science advisory and IFMP planning processes to ensure consistency with the precautionary approach as defined in various international agreements. The precautionary approach requires that ecosystem considerations be taken into account in fishery management. Some of these already are, particularly in regard to conservation of the species directly affected by fishing. Others, such as maintenance of ecosystem and species diversity, and ecosystem balance, require more scientific study but will ultimately translate into additional measures in fishing plans. Action has already been taken under the Act to identify the Gully as an area of interest for a Marine Protected Area. The merits of this proposal are under study.

The Canadian Code of Conduct for Responsible Fishing represents one initiative that is already under implementation that stems from the FAO Code of Conduct for Responsible Fisheries adopted by 80 countries including Canada in 1995. The Code is a major contributing factor to a significant shift in attitude within Canada's fishing community. Commitment to the Code represents an industry approach to achieving sustainable, conservation based commercial fisheries. The Code was developed by industry and represents a new relationship between government and industry.

2. STOCK STATUS

2.1 Biology, Environment and Habitat

The topography of the Scotian Shelf is complex, consisting of numerous shallow banks separated by deep basins. Oceanographic conditions are also complex. The north eastern part of the shelf is strongly influenced by cold water from the Gulf of St. Lawrence and from the Labrador Current, whereas the central shelf basins and the Gulf of Maine benefit from incursions of warm Slope Water. Temperature conditions were generally cold throughout the Region in the 1960s with subsequent recovery to average or above average levels. Recently, however, temperatures on the eastern shelf have been extremely low (Fig. 4), reaching a minimum in the early 1990s. In contrast, the central shelf basins were unusually warm in the 1990s (Fig. 5). A sharp reversal in temperature conditions occurred in these basins and along the western shelf slope in 1998, but this proved temporary.

Fig. 4. Temperature Anomalies on Misaine Bank (at 100 m, relative to 1961-90 mean).

Fig. 5. Temperature Anomalies in Emerald Basin (at 250 m, relative to 1961-90 mean).

This environmental complexity is reflected in species distributions and in the richness of their stock structure. This complexity is reflected also in the many different combinations of NAFO Statistical Divisions (and sometimes finer-scale units) that are used to define management areas for the different species. Nonetheless, differences can be recognized between the fish communities on the colder eastern, and warmer western shelf in terms of groundfish species and stock composition and productivity.

One important difference between these areas is in the trend in groundfish biomass (as reflected by research vessel surveys, Fig. 6). On the eastern shelf, biomass showed some increase from 1970 until the early 1980s, then decreased to less than one third of early 1980s levels by the late 1990s. Biomass on the western shelf has shown no trends in the last 30 years. However, this is largely because of an increase in the abundance of dogfish in recent years. When dogfish are excluded, biomass on the western shelf was stable in the 1970s but decreased by half between the early 1980s and late 1990s. The average size of groundfish caught in research vessel surveys also decreased (Fig. 7). On the eastern shelf, this decline was more or less continuous between 1970 and 1995, average weight decreasing by 66%. On the western shelf, average size was fairly stable until the early 1980s but subsequently declined by 70%. The increase in dogfish abundance, already mentioned, has produced an important change in species composition in the west in recent years. In the east, notable increases in capelin and sandlance have occurred. While it is clear that both fishing effort and environmental variations are implicated in these changes in population, and community, structure and abundance, the relative importance of these factors remains to be determined.

The new Oceans Act requires that ecosystem considerations be included in fisheries management plans. Establishment of Ocean and Coastal Management Areas that broadly correspond to marine ecosystems is under consideration. Ecosystem boundaries are not clear-cut whereas clearly established boundaries are necessary for management purposes. For groundfish species, there is sufficient separation between stocks on the eastern and western Scotian Shelf and on Georges Bank to allow these three areas to be managed separately.

2.2 Species Interactions

In addition to fishing, a combination of environmental conditions, quantities of prey, and predator abundance regulate the abundance, growth, and reproductive potential of commercially exploited groundfish. Our understanding of the mechanisms through which each of these variables operates or of the interactions between them is presently rudimentary.

Our knowledge of diet composition and how it changes over time is poor for most commercial fishes. Although we have some snapshots of diet composition for the most important species, we are lacking information on seasonal patterns or on how diet responds to prey abundance. Given the dynamic nature of especially the eastern shelf, and the responses of both prey (e.g. capelin, sandlance, shrimp, snow crab) and predator (dogfish, turbot) to these physical changes, knowing both diet requirements and their dynamics is a prerequisite to understanding impacts of fisheries or other human activities. For many commercial species, especially at the smaller stages, invertebrates make up the bulk of the diet. At present we have little or no information on what species of invertebrates are most important, where they are, or how they have changed in abundance over time. Changes in invertebrate abundance may have significant impacts on groundfish productivity. Diet studies, and synoptic surveys of invertebrates, are required.

2.3 Assessment

The primary data inputs to groundfish stock assessments are derived from commercial fishery logbook/purchase slip data, from biological sampling of landings, and from at-sea surveys of the abundance of the fished stocks. These provide information on landed quantities and locations of fishing, the size and age composition of the fish landed, and the abundance of the fished part of the population and the prospects for recruitment, respectively. The fishing industry has made an increasing contribution to these activities in recent years. Surveys by longline fleets are conducted annually in Subdivision 4Vn, Divisions 4VsW and 5Z, mainly for cod, and in deeper water along the Scotian Shelf and southern Grand Bank for halibut. Also, the ITQ small trawler fleet conducts a general bottom trawl survey in Division 4X and the large trawler fleet conducts a specialized redfish survey in Unit 2. These complement the DFO Science multipurpose bottom trawl surveys conducted in Divisions 4VW (spring), 4VWX (summer) and 5Z (spring). Company personnel are conducting biological sampling of landings in a number of fish plants under DFO Science supervision and special projects are conducted jointly by Science and Industry on an opportunistic basis.

Reports on the status of all stocks are updated annually by Regional Science staff and complete reassessments are conducted periodically and reviewed by RAP and TRAC. Personnel from DFO Fisheries Management, members of the fishing industry, and members of the FRCC are invited to participate in these meetings, as are technical experts from outside government when specialized expertise is required. Advice is provided in the form of SSRs or Fishery Status Reports (FSRs). The latter concern subjects other than the results of stock assessments, such as statistical issues, bycatch problems and fishing effort trends.

There is a need to bring management planning and implementation into conformity with precautionary principles. The first steps have been taken to broaden the basis for stock status determination. There is a need to refine these and to develop procedures that integrate resource status with the status of other elements of the management system to provide a broader basis for decision making.

Changes are required in the form of biological advice provided for groundfish stocks. Advice has focused on providing the most precise estimates of the status of each stock and the potential yields from them in the next fishing year. Increasingly, emphasis will be placed on providing more general advice integrated over Ocean and Coastal Management Areas. Reasons for this include a requirement to bring fishery management plans into conformity with the Oceans Act and to ensure that ecosystem objectives are respected. Also, single species advice does not take species interactions into account nor the fishery interactions that cause many of the practical management problems that plague plan administrators and fishermen. These changes in emphasis will release scientific resources to address the key research issues, promote more integrated planning with a longer time perspective and should thus improve the scientific basis for management.

2.4 Research

The productivity of groundfish resources in the Scotia-Fundy Region is presently much lower than at any time in the historical record (about 50 years). Most fisheries in Division 4VW were closed in the early 1990s and remain so, while yields from Divisions 4X and 5Z are much reduced from historical levels. While environmental changes and fishing above target exploitation levels are causal factors in these reductions, their relative importance and the mechanisms through which these changes in productivity have been brought about are not yet understood. At the time that some demersal fish populations declined precipitously or collapsed completely, the abundance of other species, both invertebrates and small pelagic fishes, increased. These changes suggest that there have been changes in the trophic structure of these ecosystems.

A high priority science project is addressing this through ecosystem modelling and investigation of trophic interactions. Specifically, this project will construct models of the structure and function of the Scotian Shelf ecosystems to determine how the physical and biological components of these ecosystems have changed over time and space. As a form of model verification, the results will be compared to the empirical observations of changes on the eastern shelf. These models will then be used in a pilot integrated planning initiative on the Eastern Scotian Shelf and provide background information in support of fisheries management.

Equally important is the establishment of an extended and co-ordinated Ocean Monitoring Program. All research vessel surveys now collect data on oxygen, nutrients and trace elements, chlorophyll (to determine phytoplankton production) and zooplankton abundance as well as on temperature and salinity at and between fishing stations. Fixed stations and transect lines are also occupied regularly to collect additional data and continuous plankton recorder records of phytoplankton and zooplankton along fixed shipping tracks are analysed. These data collections will improve our understanding of shelf oceanography and plankton production and, it is hoped, ultimately of environmental effects on groundfish production.

2.5 Prospects

The tables in Appendix 3 give a summary of the advice on stock status for the 2000/01 fishing year contained in the most recent SSRs.

On the Eastern Scotian Shelf, cod, haddock, white hake, and cusk stocks remain at very low levels and removals from them should continue to be minimized. Pollock continues to be in low abundance in all Regional waters. The central shelf silver hake stock, which is fished primarily in 4W although also in 4X is at a low level and catches should be kept low until the strength of recruiting year-classes is clarified. Most redfish caught in this area are from Unit 2. Redfish biomass is expected to decline gradually over the next few years and catch reductions starting in 2000/01 should be considered. Stocks of the small flatfish species all show some indications of potential recovery but it is too soon to relax present restrictions on removals. Halibut abundance is still thought to be low. The developmental fishery for winter skate appears to be resulting in heavy exploitation and it is questionable whether present removals can be sustained. The developmental phase has been extended to the end of March 2000 and fishery prospects will be thoroughly reviewed this year. In summary, the immediate prospects for groundfish fishing in the Eastern Shelf Area have not improved.

On the Western Scotian Shelf, haddock show improvement in stock abundance due to recruitment of above average year-classes, but cod and pollock stocks show no signs of recovery from recent very low levels. White hake and cusk stocks continue at extremely low abundance. However, redfish (Unit 3) and flatfish populations are stable and can continue to support moderate yields. The developmental phase of the exploratory fishery for monkfish has now come to an end and fishery prospects will be thoroughly reviewed this year.

In the Georges Bank Management Area, yellowtail flounder biomass is increasing and the haddock stock is stable. However, in this area also, cod is at a very low level.

3. CURRENT MANAGEMENT ISSUES

(Included as Section 6.2)

4. LONG-TERM OBJECTIVES FOR THE FISHERY

Conservation and sustainable use of the groundfish resource is the first and foremost objective, to be achieved through adopting a precautionary approach to management and by taking ecosystem considerations into account.

It is intended that co-management arrangements ultimately evolve to the point where the industry is essentially self-regulating within broad policy guidelines established by government.

The industry will be economically self-reliant and provide positive contributions to communities and the Canadian economy.

5. SPECIFIC MANAGEMENT STRATEGIES

The Precautionary Approach, as embodied in the FAO Code of Conduct for Responsible Fisheries and the 1995 United Nations agreement on conservation and management of straddling and highly migratory fish stocks will be adopted in the management of the Regional groundfish fishery. This requires changes from past practice. Steps are being taken by DFO to introduce objective-based management to the IFMP process and to improve strategic planning and performance monitoring and measurement. In particular, unacceptable outcomes will be clearly defined. The risks of not meeting objectives will be better assessed and previously agreed to rules will be formulated on actions to be taken when there is a likely prospect that conditions defined as unacceptable will occur.

5.1 Conservation

Integrated planning with a longer time perspective will be promoted through the provision of more general scientific advice than in the past. The focus to date on prediction of short-term yields using single species models has been strongly criticized, particularly since the stock collapses of the early 1990s. Advice will increasingly be integrated over Ocean and Coastal Management Areas. The FRCC has responsibility for interpretation of DFO scientific advice and formulating recommendations on TAC and other conservation measures for groundfish stocks. Progressive implementation of integrated fisheries management planning creates a requirement for an increasingly close co-ordination between the FRCC and DFO science and management functions.

An essential element of integrated management is finding solutions to fishery interaction problems. These interactions may be between the groundfish and other fisheries (e.g. groundfish catches in scallop dredges, lobster catches in groundfish otter trawls) or among the fisheries for the different species of groundfish. Most groundfish fisheries are multi-species and, as a result, bycatches present a variety of managerial problems. There are several small-mesh trawl fisheries conducted in this Sector. These fisheries require particular vigilance as bycatches can include juveniles of species important to the large-mesh fisheries. Solutions include the introduction of gear configuration standards and gear modifications (e.g. sorting grates), but managerial solutions through allocation of catches, bycatch regulation, season and area closures and other measures are equally important. A focus on management of fisheries rather than single species stocks will result in mixed fishery problems being more satisfactorily addressed.

Ecosystem conservation issues that arise from groundfish fishing must also be addressed in the context of this plan. The primary interaction of the groundfish fisheries with marine mammals is the bycatch of harbour porpoise in groundfish gillnets in the Bay of Fundy. This issue has been addressed satisfactorily through voluntary changes in fishing practices. Entanglement of right whales in fixed gears in the Bay of Fundy is being addressed in the draft right whale recovery plan that is already being implemented. Incidental catches of seabirds on groundfish longlines have not been identified as an important source of seabird mortality to date, but historical data has low reliability and systematic data collection through the Observer Program has been instituted.

5.2 International Considerations and Obligations

The 1982 Law of the Sea Convention requires that catch possibilities surplus to domestic needs be made available to foreign parties. In recent years, foreign (Cuban and Russian) participation in the Scotian Shelf silver hake fishery has been allowed, as required under this provision. However, since 1999 there have been no surpluses of silver hake (or other groundfish resources in this Region) for foreign allocation. Through developmental programs, the silver hake TAC has been allocated to domestic companies. These companies are permitted to engage foreign vessels to catch their allocations of silver hake and continue to do so in 2000/01, although Canadian vessels now take the greater part of the catch. A progression to full Canadianization of this fishery will be pursued.

The groundfish stocks on Georges Bank are transboundary and are fished by vessels from both countries on their respective sides of this boundary defined in the1984 decision of the International Court of Justice in the Hague. There is no formal agreement between the two countries on regulation of fishing on transboundary stocks. However, scientists from both sides review stock status through a formal joint assessment process each year (TRAC). Departmental and industry representatives meet on a regular basis with their USA counterparts to coordinate management measures to the extent possible.

5.3 Domestic Considerations

a) Aboriginal Fishery

Aboriginal fisheries are managed in a manner consistent with treaty rights and the constitutional protection given aboriginal peoples. An aboriginal right to fish for food and ceremonial purposes has priority after conservation over other resource users. Aboriginal rights are presently under active review at a national level and the implications for this plan remain to be determined. As of July 2000, aboriginal groups in the Scotia-Fundy Sector held 13 commercial communal groundfish licences. Three of these are ITQ licences for mobile gear vessels under 65 feet, the remainder being for fixed gear boats under 45 feet. Seven of the licences are located in Southwest Nova Scotia (SWNS), three in Eastern Nova Scotia (ENS) and three in Southwestern New Brunswick (SWNB).

b) Recreational Fishery

Recreational fisheries management in Scotia Fundy is essentially a shared responsibility between DFO and the Provinces. There has been some decline in the receational fishery on marine species, especially in ENS, due to moratoria on the cod and haddock fishery and the declining state of other groundfish stocks. Currently, ENS has a limited season (June 19- Sept 8) and daily bag limit (five fish, no halibut) while SWNS is open all year round with less restrictive daily bag limits (ten fish, no halibut). Consideration is being given to the implementation of marine recreational licences.

c) Commercial

Socio-Economic Considerations

Traditionally, controls on fleet capacity were implemented through licensing policy, an essential adjunct of which was the vessel replacement policy. However, early policies allowed for new entrants and for acquisition of larger boats and, by the time these elements of the policy were eliminated, licensed fleet capacity was far in excess of that necessary to fully harvest the available yields from groundfish resources. This overcapacity created serious problems in maintaining control over rates of harvesting. Concerns about fleet capacity arise primarily in competitive fisheries where there are strong tendencies for investment in excess capacity as individual fishermen strive to maximize their catch shares. From the early 1980s, when the Enterprise Allocation system was introduced, quasi-property rights were instituted progressively for all fleets over 45 feet. It was anticipated that, under individual transferable quota systems, fishermen's aspirations for greater catches could be satisfied through purchase of more quota and the incentive to compete through acquisition of bigger boats would be removed.

The ITQ and EA fleets, as expected, are balancing numbers of vessels operated with their catch allocations. Current policy permits trading of catch privileges within ITQ and EA fleet sectors on both a permanent and temporary basis and between the fixed and mobile gear ITQ fleet sectors on a temporary basis. However, between sector trades are generally not permitted within seasons but may be allowed at year-end to balance quota overruns. This approach facilitates the best utilization of quota and provides a mechanism to avoid discarding. The ITQ fleets have reduced their active capacity to less than half of what existed when the system was introduced. The EA fleets have been reduced dramatically also and are planning replacement vessels that are smaller than their predecessors, i.e., 80-90 feet.

The introduction of Community Boards to manage the activities of the fleets engaged in the competitive fixed gear fishery allows boards a certain level of flexibility in designing fishing plans that result in a better match of number of vessels to catch allocations. Boards are permitted to trade quota on a temporary basis at the community level (but not at the level of the individual fisherman). These measures have had the result of reducing the utilization of licences in these fleets also. It will be difficult however for the boards to create a lasting improvement in the economic conditions of members. Their successes will continue to be in danger of negation by a renewal of interest in participation in the fishery by holders of unutilized licences.

There have been, during the last number of years, several licence removal schemes including Atlantic-wide buy-back programs with the aim of reducing licensed capacity by 50%. In this Sector, 400 licences have been removed from the groundfish fishery under these buyback programs, a reduction of 12%. However, other programs including core have resulted in greater reductions in licences for an overall reduction from 1992 to present of over 30% (Table 2).

In full property rights systems, the number of licences held and the sizes of boat utilized by these licence holders become of little or no practical importance as a management issue. In recognition of this we have revised elements of the vessel replacement policy for ITQ and EA fleets. At present, important restrictions remain on the transferability of fishing privileges and thus licensing and vessel replacement policies have a continuing role to play.

With capacity and the resource in somewhat better balance with the end of these programs we should, in the future, refocus our attention on the desired outputs, i.e., conservation and economic objectives rather than on inputs such as regulations and licence buybacks.

Notes:

(1) Scotia-Fundy Groundfish Licences cover 4VN, 4W, 4X, and 5Z, however, areas can be restricted by licence permission.

Some licences allow for more than one NAFO area permission, therefore, geographic area is used in this report.

(2) NCARP program not delivered in Scotia-Fundy.

(3) Scotia-Fundy allocated approximately 15-20% of program funding for Atlantic-wide programming.

* Includes cancellation of inactive licences upon establishment of Core system, and of licences held by Non-Core estates, and normal attrition (non-renewals) that occurred prior to the Core system.

Co-management Considerations

Ratification and implementation of the Code of Conduct including the expanded use of selective fishing gear and other responsible fishing practices requires new initiatives by industry and presents an opportunity for the industry to demonstrate a capability for self-regulation. As part of the CHP process, various groundfish fleet sectors have committed to ratification of the code and others have previously ratified and are now in the process of considering pilot projects to implement and operationalize the Code.

Participation by industry in scientific research through scientific surveys, sentinel fisheries, special co-operative research projects and joint project agreements (JPA's) are to be maintained and developed to the point where there is clearly a partnership between DFO, Science and Industry in providing the technical knowledge for conservation of the resource. Fleet representatives now participate fully in the RAP process, GOMAC, Code of Conduct facilitation, FRCC consultations, etc.

d) Exploratory/Experimental

Since 1995, the Scotia-Fundy Fisheries have operated a system of Developing Species Advisory Boards under a New (Emerging) Fisheries Policy for review of developmental proposals and advising the Regional Director-General on acceptance or rejection. Operational guidelines specify a three-stage (exploratory, stock assessment and commercial) development to full commercialization over a period of about five years or less. This policy is currently under review.

There are two exploratory/experimental groundfish fisheries currently operating that precede this policy. A directed skate fishery in Division 4VsW was authorized in 1994 conditional on the conduct of a joint industry/Science research and survey program. A joint industry/Science exploratory monkfish fishery in NAFO Divisions 4X and 5 was begun in 1995. These arrangements are now in their seventh and sixth years, respectively. The status of these fishery developments will be thoroughly reviewed through the RAP process in 2000 and decisions made on the future management of these resources.

Future cases if applicable to groundfish, e.g., hagfish will conform to policy. Others currently permitted to be fished under existing groundfish licences e.g., argentine may be dealt with through the Conservation Harvesting Plan process.

6. MANAGEMENT MEASURES FOR THE DURATION OF THE PLAN

6.1. Quota Allocations and Technical Measures

Quota allocations by fleet sector for the 2000/01 fishing season are provided in the Allocation Tables section. Technical measures, such as gear regulations and fishery closures are provided in the Conservation Harvesting Plans in Appendix 5. Other rules and circumstances under which fishing can take place are contained in licence conditions. An example of a licence condition for the fixed gear fleet is contained in Appendix 4. Specific issues and problems that require special initiatives to be taken are identified in section 6.2 below.

6.2. Current Management Issues and Enforcement Measures

Issue 1: Gear Conflicts, gear marking - more and better rules are required: Expansions of set gear associated with exploratory fisheries and the continuing increases in the shrimp and crab fisheries are posing increasing problems for the groundfish fleets in accessing traditional grounds.

Approach: To avoid potential conflicts, marking of fixed gears must be improved. These types of fisheries interactions should be recognized in the IFMPs for these expanding fisheries and dealt with by co-ordinating the planning for different species. Lobster /groundfish interactions in the Bay of Fundy provide a good example of fleet interactions to prevent enforcement problems.

Issue 2: Mixed Fisheries, species ratio problem: The fisheries in Divisions 4X and 5Z are very complex with many different fleet components and gear types fishing a spectrum of species. It is proving difficult to provide adequate protection for depressed stocks while allowing fleets to take full advantage of the opportunities to fish those that can provide yields. A harvesting plan is required for the groundfish resource as a whole in these areas that balances operationally efficient harvesting and adequate conservation measures.

Approach: The 4X cod fishery reflects this problem. A rebuilding strategy was implemented that included a quota cap of 6000t for the next three years with specific spawning biomass targets to be achieved. To achieve this rebuilding strategy it was necessary to implement a number of new management measures and enhance others to ensure the protection of juveniles and the prevention of any potential discarding. Overall monitoring of the fishery was increased in line with FRCC recommendations. These measures included enhanced dockside monitoring and observer coverage; both air and at sea surveillance; the use of closures; selective gears to prevent bycatch; and strict small fish protocols to protect juveniles. The 2000 5Z cod quota of 1000t presents similar problems with respect to low cod to haddock ratios and similar measures have been implemented and also include the use of industry described zones as part of their CHP to facilitate both communication about and management of the fishery.

Issue 3: Dumping of bycatches and discarding of small fish: The potential for discarding problems is always present in small mesh gear fisheries. High bycatches, particularly of pollock, have been reported in the Unit 3 redfish fishery. While much of the bycatch is landed, there is reason to suspect some discarding also.

There is evidence suggesting a possible high abundance of juvenile cod in Division 4X which could lead to a serious discarding problem when these fish are big enough to be caught in regulation gear.

Approach: Strategic deployment of observers to redfish vessels in high bycatch areas in 2000 will provide an assessment of the extent of bycatch problems. The need for further restrictions on the use of small mesh gear will be considered, based on these results.

There is still some doubt whether there is a high abundance of small cod in Division 4X and if there is, whether these fish will be big enough to cause problems during this year's fishery. While vigilance is called for, no special measures are justified at this time. Small fish protocols will be adhered to and areas closed if percentages higher than 15% by count are recorded or surveillance coverage notes any specific problem areas or fleets.

Issue 4: Accuracy and timeliness of data on landings: The ratios between hail-in and sales slip weights differ between monitored and unmonitored landings suggesting that fishermen may not be reporting landings accurately when a dockside observer is not present. As well, a small percentage of logs do not get turned in (2 %) and a larger percentage are not timely. The lack of timely data in particular makes it difficult to monitor community quotas in the FG <45' fleet. Fleet initiatives toward self regulation can be hampered and this lack of timely submission of documents indicates that fleet CHPs are not being adhered to.

Approach: Higher levels of dockside monitoring will be required for landings of fixed gear vessels less than 45 feet (currently raised to 25-50% with more fleets at the 50% level) to improve accuracy of landed weights. Audit reports will be developed to aid C&P in targeting potential abusers of the DMP. C&P officers will conduct periodic dockside audits to ensure that all fish unloaded are accounted for and weighouts correspond with hail and logbook information. To achieve this objective in the longer term monitoring levels will be increased to 100%.

Issue 5: Flounder identification: Identification of flatfish species continues to be a problem for stock assessment and control of fishing mortality by species. Space on board some vessels is limited, making flounder separation difficult. Identification guides have been distributed to industry and fishermen have been encouraged to separate flatfish species for weighout by species. Nonetheless, a substantial uncertainty remains in the species identity of flounder landings.

Approach: Solution to this problem will be pursued by investigating the feasibility of species separation in fishing plants after weighout or by instituting a pro-ration system based on log amounts within the landings data base. The mobile gear monitoring document has recently been redesigned with space available for fishers to record estimates of flounder catch by species.

Issue 6: Control of groundfish bycatches in fisheries for other species: Other fisheries, particularly the scallop fisheries, are capable of taking bycatches of groundfish in sufficient quantity to threaten the success of management measures imposed on the directed fishery. Historically, the scallop fishery has landed a substantial portion of the monkfish harvest and continues to do so under the provisions of the scallop management plan. There are recent unsubstantiated reports of substantial bycatches of yellowtail flounder in the Georges Bank scallop fishery. These are required to be discarded.

Approach: The extent of yellowtail bycatches in the Georges Bank scallop fishery will be investigated to quantify the removal level. This will require a surveillance data review and the possibility of area selective observer coverage. Gear modifications and mapping initatives may provide solutions if excessive bycatch levels are verified. The fall RAP will provide a stock status for monkfish, at that time quotas may be set for all fleets.

Issue 7: Area of capture and closed area regulations: Doubts remain about the accuracy of area of capture information, particularly between Divisions 4X and 5Zc.

Approach: Satellite monitoring of fishing vessel positions is a long term solution but application to the less than 65 feet groundfish fleet is still quite a number of years away. To aid in enforcement, Temporary Vessel Replacement Program (TVRP) vessels are now restricted to sectoral boundaries and, as with the <65 feet fleets, must report to a DMC from land if the original area fished, i.e., 4X, 5Z, 4VW should change. Higher levels of observer coverage will be initiated if area of capture proves to be an ongoing issue.

7. ENFORCEMENT MEASURES

Surveillance and enforcement actions in relation to this Plan are conducted through DFO's Conservation and Protection Branch. Officers are deployed at sea aboard DFO patrol vessels (and sometimes on vessels of other agencies), aircraft and ashore to deter and detect violations of regulations. This Branch in collaboration with Science and Fisheries Management branches manages the at-sea Observer Program.

Ongoing responsibilities include support of Canadian sovereignty within the 200-mile zone, e.g., by patrolling the Georges Bank boundary, detection of violations of fishery closures, minimum fish size and gear construction regulations, and requirements for accurate reporting of landings and associated data. An emphasis is required on integration of data from different sources to detect inconsistencies that could be evidence of violations. Several pilot experiments have been conducted on the detection of small fish discarding using observer and shore based sampling, along with fishery officer sampling at sea, i.e., boardings and air surveillance. More trials are required to validate this method of increasing enforcement effectiveness.

The increased emphasis on performance review again casts a spotlight on the inherent difficulties of measuring the degree of compliance with provisions of the Plan. The precautionary approach requires that indicators be developed for all the major plan elements. This issue will be explored both within DFO and in consultation with industry to find innovative ways of obtaining adequate measures of compliance.

8. FINANCIAL RESPONSIBILITIES

It is not yet possible to provide a satisfactory quantification of the costs of groundfish management in the Scotia-Fundy Sector. The following sections list the nature of the financial responsibilities of industry and DFO.

8.1 Industry and/or Other Harvesters

• Payment of licence fees.
• Costs of dockside monitoring of landings.
• Observer deployment costs.
• Resource survey contributions and costs of special research projects. These are numerous and are conducted under a variety of financial arrangements. In some cases, funding is through formal Joint Project Agreements (JPAs) which specify legal obligations of DFO and the industry group involved to fund the specified activities. There are also many informal arrangements, e.g., 4X industry survey.
• Meeting/consultation costs.

8.2 Fisheries and Oceans

• Costs of scientific research programs and stock assessment (including research vessels).
• Costs of sentinel surveys.
• Costs of surveillance and enforcement (including ships, planes, and observer program).
• Costs of fishery management (including data quality control, synthesis and analysis by Policy and Economics and Fishery Management personnel, consultations/meetings.)
• Support of FRCC activities (prorated for Scotia-Fundy Sector).

9. PERFORMANCE REVIEW

A national DFO initiative to enhance performance review mechanisms in IFMPs is currently underway and a framework should be available for the next cycle of planning.

9.1 Management Plan Evaluation Criteria

A variety of criteria are used in evaluating plan performance from year to year such as changes in the estimated fishing mortality on the major stocks, the economic performance of the industry, changes in fleet capacity, and the frequency and seriousness of regulatory violations. It is recognized, however, that criteria need to be formalised in support of a more rigorous evaluation procedure that will promote a longer-term perspective on fishery planning.

9.2 Conservation and Protection Plan Evaluation Criteria

(Included in Section 9.1.)

9.3 Annual (Post-season) Review Results

A formal post-season review was not conducted for the overall 1999-2000 plan. The Plan was reviewed and documented through the normal advisory process. Conservation-related plan elements were reviewed as part of the RAP-FRCC-public consultation process and are documented in the reports of these groups.

Appendix 1

Scotia-Fundy Groundfish Landings and Value

Quantity (QTY. - mt), Value (VAL. - $'000)

Appendix 2

Nova Scotia Groundfish Exports by Major Species and Product Forms,

1990 and 1999

Appendix 3

Appendix 4

SAMPLE

Licence Conditions for Fixed Gear Vessels 45'-56

Scotia-Fundy Fisheries

Maritimes Region

Pursuant to subsection 22.(1) of the Fishery (General) Regulations as amended, the following conditions are specified for person(s) fishing under the authority of groundfish licence number GRO. _______________ issued in respect of the fishing vessel _________________________ __________________________, Vessel Registration Number ________________ , being a vessel class, _________________.

FISHING SEASONS AND AREAS

Subject to any variation orders that may be issued these licence conditions are valid during the period beginning April 28, 2000 and ending March 31, 2001.

You are only permitted to fish in one of the fishing areas listed below at any one time unless you carry an at-sea observer onboard your vessel.

(a) NAFO Division 4Vn

(b) NAFO Divisions 4VsW

(c) NAFO Divisions 4X5Y

If you wish to change areas from one of the above fishing areas to another listed above you must register your intention with the Department of Fisheries and Oceans at least two hours prior to beginning your fishing trip.

(i)You must register your intentions prior to leaving port by calling a Dockside Monitoring Company that has been approved or designated by the Department of Fisheries and Oceans (DFO). You will be given a number that will confirm that your intentions to change areas has been received. Immediately after you have received your confirmation number that you intend to change fishing areas you must enter the number and complete the next blank line in the table below.

(ii)Once you have changed Divisions or Sub-divisions you are not permitted to fish in any other areas. If you wish to change areas again you must register your intentions using the steps described in item 2(i).

NOTE: The Licence holder is responsible to ensure that the fishing area is open to the vessel class.

TABLE

SPECIES

You are not permitted to direct for cod or haddock in Division 4VW or direct for cusk, white hake or dogfish in Divisions 4VWX and Subarea 5.

You are authorized to retain an incidental catch of shark that does not exceed 10% of the total weight of the authorized groundfish on board your vessel to a maximum total of 500 kg. You are not permitted to remove the fins from any shark until after the shark is landed (offloaded) from your vessel.

Schedules and Fees

Your licence fees will be paid in accordance with Schedule 1A attached.

FISHING GEAR

Subject to item 6 of this licence condition you are only permitted to fish with or have on board your vessel the gear types stated on your groundfish licence document.

When you are transiting through any area closed to fishing, all fishing gear on board the vessel must be unshackled and stowed below deck or otherwise removed from the place where it is normally used for fishing or placed where it is not readily available for fishing and covered and tied.

GILL NETS

In Sub-division 4Vs you are not permitted to fish with or have on board your vessel gill nets.

In Divisions 4WX and Subarea 5 you are not permitted to fish with or have on board your vessel, groundfish longlines and groundfish gill nets at the same time.

In Divisions 4WX and 5Y you are not permitted to fish for groundfish, or have on board your vessel a gill net that has a mesh size less than 140mm. In Division 5Z you are not permitted to fish for groundfish or have on board your vessel a gill net that has a mesh size less than 152mm.

Your Groundfish Gill Net Zone is defined as the zone where your normal homeport is located. The boundaries of Groundfish Gill Net Zones are described in the attached SCHEDULE II.

You are not permitted to leave a groundfish gillnet unattended in the water.

Pursuant to section 90 of the Atlantic Fishery Regulations, 1985 you are not permitted to fish for any species of groundfish with gill nets in Division 4W east of a line joining the following points :

a point on shore at Latitude 44 ^o57'18" N., Longitude 62^o09'00" W. (Mitchell Bay), thence in a straight line in a South East direction to a point at the outer limit of Canadian fisheries waters Latitude 40^o35'00" N., Longitude 59^o58'00" W.

LONG LINE

When fishing for any species of fish using long lines your are required to use a type and size of hook listed in the attached SCHEDULE I. You are not permitted to fish with, or have on board your vessel, any hook type or size other than those approved in the attached SCHEDULE I.

AREAS CLOSED TO FISHING

In addition to the waters closed to fishing for groundfish in the Atlantic Fishery Regulations, 1985, you are not permitted to fish for any species of groundfish in;

Point North Latitude West Longitude

1. 42^o04'N 65^o44'W

2. 42^o40'N 64^o30'W

3. 43^o00'N 64^o30'W

4. 43^o00'N 66^o32'W

5. 42^o20'N 66^o32'W

6. 42^o20'N 66^o00'W

7. 42^o04'N 65^o44'W

(b)The waters of Division 4W (Nursery Area) enclosed by straight lines joining the following points in the order in which they are listed during the period January 1 to December 31 each year.

Point North Latitude West Longitude

1. 43^o21'N 63^o20'W

2. 43^o01'N 63^o20'W

3. 43^o04'N 62^o30'W

4. 43^o04'N 62^o00'W

5. 43^o19'N 61^o18'W

6. 44^o02'N 61^o18'W

7. 44^o02'N 61^o42'W

8. 43^o42'N 62^o44'W

9. 43^o21'N 63^o20'W

(c)The waters of Subdivision 4Vs (4Vsb) enclosed by lines joining the following points in the order in which they are listed during the period January 1 to April 30 each year:

Point North Latitude West Longitude

1. 45^o10'N 56^o55'W

2. 45^o10'N 58^o20'W

3. 45^o00'N 58^o20'W

4. 45^o00'N 60^o00'W

5. 45^o40'N 60^o00'W

6. 45^o40'N 57^o30'W

7. 45^o10'N 56^o55'W

(d)The waters of Division 4X (Shelburne Gill Net Area), with gill nets, enclosed by the coastline of Nova Scotia and straight lines joining the following points in the order in which they are listed during the period January 1 to December 31 each year:

Point North Latitude West Longitude

1. 43^o47'00"N 64^o54'00"W

2. 43^o35'05"N 64^o24'07"W

3. 40^o12'00"N 64^o24'07"W

4. 40^o03'00"N 65^o40'00"W

5. 42^o00'00"N 65^o40'00"W

6. 42^o20'00"N 66^o00'00"W

7. 42^o20'00"N 66^o30'00"W

8. 43^o00'00"N 66^o30'00"W

9. 43^o25'45"N 66^o01'00"W

10. 43^o35'52"N 65^o46'56"W

REPORTING REQUIREMENTS

You are required to call Javitech at least 3 hours prior to departure and between the hours of 7:00AM and 10:00PM. When you are located east of Lunenburg you are to contact Javitech at (902) 499-0724 and when you are located west of Lunenburg you are to contact Javitech at (902) 749-0107. You will be notified at this time if you are required to take an at-sea observer for this fishing trip. If you are required to carry an observer you must not depart until the at-sea observer is on board your vessel.

(i)You are required to hail to a Dockside Monitoring Company that has been approved or designated by the Department of Fisheries and Oceans prior to leaving port. The hail must include the date, local time (using the 24 hours system), your vessel name, the vessel registration number, the Captain's name, your groundfish licence number, the log page number of the Fixed Gear Monitoring Document, GROFG (1998-01), you are going to use for that trip and the area where you will be fishing.

(ii) You are required to hail to a Dockside Monitoring Company at least three hours prior to returning to port. This hail must include the vessel name, the Captain's name, the fishing vessel registration number, the groundfish licence number, the log page number(s) of the Fixed Gear Monitoring Document, GROFG (1998-01), that were used during the fishing trip, the accurate round weight of fish on board the vessel by individual species of cod, haddock, pollock, Atlantic halibut, white hake and cusk the combined round weight of all other species, the NAFO stock areas where the fish was taken, the date, the local time (using the 24 hour system) you will land and offload, the place where you will land (offload) the fish, and the buyer of the fish.

(iii) If you intend to land at another port before you offload, you are required to report this as a non-offload hail. You are then required to follow the hail-in procedures identified in item 14 (ii) above.

You will be issued a confirmation number each time you hail by the Dockside Monitoring Company confirming that your hail has been received. This number is to be entered on the Fixed Gear Monitoring Document, GROFG (1998-01).

You are required to separate the species of cod, haddock, pollock, Atlantic halibut, white hake and cusk while at sea and on board your vessel, determine an accurate weight at dockside immediately after the fish is offloaded from the vessel, enter an accurate weight of the fish offloaded from your vessel in the weigh out slip section of your Fixed Gear Monitoring Document, GROFG (1998-01). You are not permitted to offload your vessel prior to the time stated in your hail.

(i) You are required to have the weight and species of groundfish landed from your vessel verified by an Observer(dockside). The master of the vessel is required to provide access to the vessel and the fishing records to the assigned Observer (dockside). For the purpose of this licence condition, an Observer (dockside) is an individual or corporation designated as an Observer by the Regional Director-General for the Maritimes Region pursuant to subsections 39. (1) and 39.1 (1) of the Fishery (General) Regulations and who has been appointed to monitor the landing of fish and to verify the weight and species of fish caught and retained. You are not permitted to offload your vessel prior to the time stated in your hail.

(ii) You are not permitted to land (offload) any fish or portions thereof from your vessel unless all of the following conditions are adhered to:

• the observer(dockside) is present onboard the vessel to check the Fixed Gear Monitoring Document, GROFG (1998-01), and verify the fish in the vessel prior to offloading;
• the fish is separated by species prior to offloading;
• all fish landed must be weighed on an accurate scale;
• the weight and species of the catch must be verified by an Observer(s) (dockside);
• you are required to ensure that the Observer(s) is able to maintain visual continuity of the fish being removed from the vessel at the dockside point of landing (offloading);
• an accurate weight is supplied to the Dockside Monitoring Company immediately after landing (offloading) the fish from your vessel.

(i) You are required to complete the log section of the Fixed Gear Monitoring Document, GROFG (1998-01), on a daily basis and set by set basis during each fishing trip prior to returning to port.

(ii) Pursuant to section 61 of the Fisheries Act you are required to provide information regarding your fishing activities in the Fixed Gear Monitoring Document, GROFG (1998-01), available from the Department of Fisheries and Oceans. You are also required to complete the document in accordance with the instructions, GROFGINST - (1998-01), described in the Fixed Gear Monitoring Document, GROFG (1998-01). You are required to supply the Observer (dockside) at the end of each fishing trip with a copy of all monitoring documents. You are also required to provide any documents requested by a Fishery Officer immediately upon demand.

Failure to comply with item seventeen (17) will be a relevant factor, as an aspect of conservation and management of groundfish, in the decision whether or not a licence and condition of licence for groundfish will be issued to you for the 2001/2002 groundfish fishing season.

DISCARDS

Pursuant to section 93.3 of The Atlantic Fishery Regulations, 1985, you are authorized to forthwith return Atlantic halibut less than 81 cm., skate, sculpin or dogfish to the place from which it was taken; and where it is alive, in a manner that causes it the least harm. You are not permitted to possess on board your vessel any halibut or portion of halibut that is less than 81 cm (32 inches) in length. In addition, you shall forthwith return any halibut that is less than 81 cm (32 inches) in length to the place from which it was taken; and where it is alive, in a manner that causes it the least harm. The fish will be measured in a straight line, passing over the pectoral fin from the tip of the lower jaw with the mouth closed, to the extreme end of the middle of the tail.

Pursuant to section 93.3 of The Atlantic Fishery Regulations, 1985, you are required to forthwith return the species of groundfish when a variation order is in effect prohibiting the fishing of that species of groundfish to the place from which it was taken, and where it is alive, in a manner that causes it the least harm.

GENERAL PROVISIONS

No person shall engage in recreational fishing during any commercial fishing trip from the time you hailed out to the time you return to port and offload your catch.

I requested and received this licence condition in English.

I understand and acknowledge these conditions.

You are required to attach these licence conditions to your 2000/2001 groundfish licence.

The licence holder is required to sign this licence condition.

Fishers are reminded that it is an offense under the Atlantic Fishery Regulations, 1985 to transport fish caught by another vessel or to put fish on board another vessel without a fish transporting licence.

_____________________________ ___________________________

Signature of Licensing Authority Signature of Licence Holder

_____________________________

Date Place of Issue

PLEASE NOTE: For information regarding areas open or closed to fishing, variation orders, and for clarification of any provisions contained in this licence condition contact your local fishery officer. Dockside Monitoring Companies are not agents of the Department of Fisheries and Oceans. Dockside Monitoring Companies are not authorized, on behalf of the Department of Fisheries and Oceans, to provide any information to fishers.

SCHEDULE I

APPROVED HOOK TYPES AND SIZES

CIRCLE HOOKS:

Mustad Tuna Circle Hook - Qual. No. 39965 - Size #12/0 or larger hook

Eagleclaw Circle Sea Hook - Qual. No. 190 - Size #12/0 or larger hook

Milward Group 1500 Circle Hook - Qual. NO. 1500 - Size #4 or larger hook

VCM - Qual. No. 9788 - Sizes #5 and #6 or larger hook

E-Z BAITER HOOKS:

Mustad E-Z Baiter Circle Hook - Qual. No. 39977 - Size #12/0 or larger hook

Eagleclaw Power Baiter Hook - Qual. No. 191 - Size #12/0 or larger hook

Milward Group 1600 Superbaiter Hook - Quail. No. 1601 - Size #5 or larger hook

J HOOKS:

Mustad Gravition Hook - Qual. No. 9363 - Size #15 or larger hook

Mustad Gravition Hook Long Shank - Qual. No. 9365 - Size #15 or larger hook

Milward Group #1200 - ATR #1205 - Size #5 - Kirby Hook or larger hook

Milward Group #1705 - ATR #1705 - Size #6- L/S Centreline-Hook or larger hook

VMC - Qual. No. 9752 - Size #4 or larger hook

VMC - Qual. No. 9765 - Size # 15 or larger hook

SCHEDULE II

GROUNDFISH GILL NET ZONES

Groundfish Gill Net Zone I: the waters and homeports located in Divisions 4VW east of straight lines joining the following points in the order in which they are listed:

Point North Latitude West Longitude

1. 40^o35'00" 59^o58'00"

2. 44^o57'18" 62^o09'00"

Groundfish Gill Net Zone II: the waters and homeports located in Divisions 4VWX west of straight lines joining the following points in the order in which they are listed:

Point North Latitude West Longitude

1. 40^o35'00" 59^o58'00"

2. 44^o57'18" 62^o09'00"

and east of straight lines joining the following points in the order in which they are listed:

Point North Latitude West Longitude

1. 43^o47'00" 64^o54'00"

2. 43^o35'05" 64^o24'07"

3. 40^o12'00 64^o24'07"

Groundfish Gill Net Zone III: the waters and homeports located in Divisions 4X enclosed by the coastline of Nova Scotia and straight lines joining the following points in the order in which they are listed:

Point North Latitude West Longitude

1. 43^o47'00" 64^o54'00"

2. 43^o35'05" 64^o24'07"

3. 40^o12'00" 64^o24'07"

4. 40^o03'00" 65^o40'00"

5. 42^o00'00" 65^o40'00"

6. 42^o20'00" 66^o00'00"

7. 42^o20'00" 66^o30'00"

8. 43^o00'00" 66^o30'00"

9. 43^o25'45" 66^o01'00"

10. 43^o35'52" 65^o46'56"

Groundfish Gill Net Zone IV: the waters and homeports located in Divisions 4X and 5Y west of straight lines joining the following points in the order in which they are listed:

Point North Latitude West Longitude

1. 43^o35'52" 65^o46'56"

2. 43^o25'45" 66^o01'00"

3. 43^o00'00" 66^o30'00"

4. 42^o20'00" 66^o30'00"

5. 42^o20'00" 67^o18'00"

Appendix 5

Conservation Harvesting Plan (CHP)

Atlantic-Wide for Vessels > 100'

Effective June 1, 2000

This Conservation Harvesting Plan (CHP) applies on an Atlantic-wide basis to all vessels >100'.

A licence condition for all >100' vessels will authorize the license holder to direct only for specified groundfish species. Directed fishing for any other species of groundfish will require a separate licence condition and harvesting plan.

Conservation Harvesting Plan

Fixed Gear NS 45'- 65'

April 1, 2000 - March 31, 2001

This Conservation Harvesting Plan (CHP) applies to all fixed gear (FG) vessels 45-65' who hold a fixed gear groundfish licence. The CHP applies to all vessels, regardless of home port, fishing in NAFO division

4VWX+5 during the period April 1, 2000 to March 31, 2001.

All 45'-65' FG licence holders will be authorized to direct only for cod, haddock, pollock, halibut. Directed fishing for any other species will require a separate licence condition and harvesting plan.

Fixed Gear 65-100'

Conservation Harvesting Plan

2000-2001 CONSERVATION HARVESTING PLAN (CHP)

ATLANTIC-WIDE FOR FIXED GEAR VESSELS 65'-100'

This Conservation Harvesting Plan (CHP) applies on an Atlantic-wide basis to all fixed gear vessels 65'-100' from April 1, 2000 until March 31, 2001.

A licence condition for all fixed gear vessels will authorize the licence holder to direct for specified species. Directed fishing for any other groundfish species will require a separate licence condition and harvesting plan.

Fishing Gear - Gillnets:

1. Gillnets are not authorized in 4VWX+5.

2. Minimum mesh size of 6 1/2;", for all areas and species except;

3. Minimum mesh size of 7 1/2;" will be required in Sub-areas 0, 2 and 3 for turbot with a maximum of 500 nets of 50 fathoms each;

4. Minimum mesh size of 12" will be required for skate in 3LNO, 3Ps.

Fishing Gear - Hook and line:

5. Minimum hook size of # 14 circle or larger equivalent, for all areas and species except in 4X5Y where minimum hook size is # 12 circle or larger equivalent.

6. In Sub-areas 0, 2 & 3, for species other than white hake and halibut, test fishing will be required to determine if these fisheries can proceed with minimum by-catch of closed species.

7. In sub-areas 0, 2 & 3, fisheries for skate or monkfish will only be considered if written proposals are submitted to DFO for approval.

By-catch Provisions:

8. In 4VW¹, 10% daily for each of cod or haddock with a cap of 10% bycatch of all other non-quota species not mentioned above. Landing of any non-quota groundfish species including cusk, will be monitored to ensure that landings do not exceed quantities from previous years.

9. In 4RST, while directing for other groundfish species, the bycatch limit each of cod and white hake will be 10% monitored on a daily basis.

10% bycatch of closed species combined, monitored on a per trip basis, when directing for other species in NAFO areas 0, 2 and 3.

For 3LNO, by-catch to be in line with NAFO requirement (the greater of 5% or 1250 kg/trip monitored daily).

5% by-catch of closed species combined when directing for skate in 3LNO, 3Ps.

13. 20% by-catch of white hake when directing for other species in 4VW.

14. 10% by-catch of white hake when directing for other species in 4X+5.

¹ Subject to Minister's decision on 4TVn cod reopening.

Areas will be closed for specified fleet sectors when these limits are reached or exceeded.

By-catches of all quota species will be counted against enterprise allocations or competitive quotas.

Small Fish Protocol:

Based on the principle of letting most fish spawn at least once the approach is to set a target, in any given year, that the harvest must consist of at least a specified percentage of the catch being sexually mature fish. Initially we should be moving towards a target of at least 50% being sexually mature.

Fish will be considered undersized if smaller than:

Catch Monitoring and Test Fishing:

20. Dockside Monitoring Program will be required.

21. Small fish and bycatch closures will be a minimum duration of 10 days. The cost of any test fishery with the use of an observer will be borne by the industry.

22. Closure of areas due to small fish and bycatch concerns may be more than 30 days if consecutive tests reveal fish beyond the level as set out in the protocol.

23. Opening of any test area in 4VW for halibut or white hake will require a test fishery to determine the cod and haddock by-catch level and presence of small fish.

24. Once an area has been opened in 4VW, arrangements will be made to carry observers on a routine basis to ensure that bycatch or small fish is within acceptable levels.

Spawning and Juvenile Closures:

25. 4Vn and 4Vsb - closed January 1 until March 31, 2001.

26. 4VW juvenile area closed to all groundfish sectors.

27. Brown's Bank spawning closure April 1 to June 15, 2000 and from February 1 until March 31, 2001.

28. All other areas and species - open April 1, 2000 to March 31, 2001.

¹ Subject to Minister's decision on 4TVn cod reopening.

Gulf of St. Lawrence:

• Gaspé & N.B. (4T3 to 4T6) opened May 15 to October 15
• Magdelan Is. (4T2) opened May 15 to October 31
• Bay St. Lawrence (4T9) opened May 20 to November 1
• Northumberland West (4T7) opened May 1 to July 20; and opened September 15 to October 15
• Northumberland East (4T8) opened July 1 to October 31
• Cheticamp (4T1) opened July 1 to October 31
• Northeastern P.E.I. (4T2) opened August 15 to October 31
• 4RST Greenland halibut opened April 20 to October 15
• 4RST Atlantic halibut opened To be determined

Other Measures:

Mandatory release of all Atlantic halibut < 81 cm (32").

Directing for skate prohibited in 4VWX+5.

Directing for other species in 3NOPs4VWX5Zc may be closed when the Atlantic halibut quota for this area is caught.

Pending a review of the shift in effort in 4X, fishing may be restricted to areas traditionally fished by the 65-100 FG fleet prior to the moratorium in 1993.

Industry funded observer coverage at a rate to be decided jointly between DFO and the 65-100 Fixed Gear Fleet.

Conservation Harvesting Plan

Fixed Gear <45' 4VWX+5

April 1, 2000 to March 31, 2001

This Conservation Harvesting Plan (CHP) applies to all fixed gear (FG) vessels less than 45' who hold a fixed gear groundfish licence. The CHP applies to all vessels, regardless of homeport, fishing in NAFO division 4VWX + 5.

The quotas assigned in the Groundfish Management Plan for FG < 45 will be allocated into community quota groups based on the operational guidelines for community management for the seven 4X5Y geographic groups. As well the operational guidelines also apply to NAFO divisions 4VW. CHPs are to be submitted by each management board within each community noting that Shelburne has two separate management boards and ENS has a minimum of three separate management boards. The CHP developed by each management board will outline the manner in which the assigned quota is to be fished including any seasonal quotas within a group as well as industry trip limits. Those not choosing to fish under a community plan will be able to fish under a 4VWX plan designed and administered by DFO known as Group X. This fishing plan involves limits on the number of days that can be fished and fishing starts June 1 each year.

A licence condition for all less than 45' vessels will authorize the licence holder to direct only for the quota species such as cod haddock, pollock, and halibut, in 4X5Y as well as some of the non quota species. In 4VW a directed fishery is only permitted for the quota species such as pollock, and halibut. Fishing for the non-quota species will be limited to recent total catches for this fleet to prevent any increased effort or redirection of effort. Directed fishery for cusk and white hake will not be permitted in 4VWX+5.

Directed fishing for any other species will require a separate licence condition and harvesting plan however there are very few species remaining that can sustain any additional effort. In 4X5Y an alternate quota species is flounder but with the reduced TAC for these species the quota available for the FG < 45 sector in 2000/2001 is only 42 t which will only allow a limited fishery with the majority of the quota used for bycatch purposes. As well the effort for dogfish, which is defined as a groundfish species by regulations, will again be limited in 2000/2001 to ensure that the total landings do not exceed previous levels. A directed fishery will be permitted by traditional harvesters until landings approach previous levels in the range of 1,500 t.

All fishing will be closed for all vessel classes fishing under a specific community management board when any one of the main quota species (cod, haddock, pollock & halibut) in a stock area has been reached. Any closure of individual group as set in a harvesting plan by a community management board will only be closed if requested by the board.

Community Groups for 4X5Y Stocks

1. ENS All FG < 45 licence holders Sambro East to Cape North

2 HALIFAX WEST. All FG < 45 licence holders in Halifax County west of Sambro

3. LUNENBURG & QUEENS COUNTY

4 SHELBURNE COUNTY (2 separate management boards)

5. YARMOUTH COUNTY

6. DIGBY & COUNTIES NORTH IN NOVA SCOTIA

7. SOUTH WEST New Brunswick

CONSERVATION HARVESTING PLAN (CHP)

GENERALIST FLEET - MOBILE GEAR VESSELS < 65' 4X+5

April 1, 2000 - March 31, 2001

This Conservation Harvesting Plan (CHP) applies to all Generalist fleet mobile gear vessels less than 65', regardless of home port, fishing in NAFO divisions 4X+5 during the period April 1, 2000 to March 31, 2001.

The generalist fleet is authorized to direct only for cod, haddock, pollock, flatfish. Directed fishing for any other species of groundfish will require a separate licence condition and harvesting plan, i.e. sculpin in St Mary's Bay.

Fishing Gear:

For any gear type other than mobile, i.e. fixed, gear specifications will be as per the licence condition requirements.

1. Minimum 130 mm square mesh when directing for all groundfish with the following exceptions:

2. Flatfish in 4X - minimum 155 mm square (draggers) when directing i.e. greatest part of the catch is flatfish.

By-catch Provisions 4X:

By-catch provisions will be:

4. A maximum 1 ton cap will be permitted for the halibut bycatch fishery (negotiation with ITQ fleet).

Areas will be closed for specified fleet sectors when these limits are reached or exceeded.

Guidelines for bycatch percentages other than 10% combined while directing for cod, haddock, pollock and flatfish (CHPF) in 4X shall be:

5. Catfish - 20% (April 1 - September 1) and 10% during the remainder of the year.

6. For monitoring the catch levels of these bycatch species the aim will be to monitor overall target levels along with specific trip percentages. Some flexibility on individual trips will be permitted, with overall fleet landings also being monitored to ensure that they do not exceed quantities from previous years. Bycatch levels will be monitored and appropriate measures taken to identify individuals seen to be targeting bycatch species.

Areas may be closed for specified fleet sectors or individuals when these limits are reached or exceeded. As well any individual licence holder found to be consistently exceeding the agreed to bycatch levels on a trip basis will be required to have observer coverage at their expense.

Small Fish Protocol:

Based on the principle of letting most fish spawn at least once, the approach is to set a target, in any given year, that the harvest must consist of at least a specified percentage of the catch being sexually mature fish. Initially we should be moving towards a target of at least 50% being sexually mature. Fish will be considered undersized if smaller than:

Catch Monitoring and Test Fishing:

13. A Dockside Monitoring Program will be required (50- 100% TBD).

14. During April 1, 2000 to March 31, 2001, small fish and by-catch closures will be of a minimum duration of 10 days.

Test fisheries will be conducted after a minimum of 10 days with all costs borne by industry.

Open Seasons:

16. 4X5Y CHPF - April 1,2000 to March 31, 2001

Spawning and Juvenile Closures:

17. Brown's Bank spawning closure - April 1 to June 15, 2000 and February 1, to March 31, 2001.

18. Use of mesh < 130 mm prohibited in 4X north of 4330'N.

19. Use of mesh < 130 mm prohibited in any area where water is less than 50 fathoms in depth.

20. Use of mesh < 130 mm prohibited in the Browns Bank spawning area from April 1 to June 30,2000 and from January 1 to March 31, 2001.

Use of mesh < 130 mm prohibited in the area known as the Bowtie and defined by the following coordinates:

1. 43 ^o20' 65^o20'

2. 43 ^o05' 65^o40'

3. 42 ^o40' 65^o40'

4. 43 ^o05' 64^o40'

5. 43 ^o20' 65^o20'

Roseway Bank closure, April 1, 2000 to March 31, 2001 defined by the following coordinates, open with observer coverage:

Point North Latitude West Longitude

1. 43^o33'N 64^o41'W

2. 43^o32'N 64^o46'W

3. 43^o27'N 64^o52'W

4. 43^o19'N 64^o52'W

5. 43^o16'N 64^o48'W

6. 43^o16'N 64^o38'W

7. 43^o27'N 642^o9'W

8. 43^o30'N 64^o29'W

9. 43^o33'N 64^o41'W

Other Measures:

Mandatory release of all Atlantic halibut < 81 cm (32").

All Atlantic halibut to be released when the fishery is closed by variation order to the place from which it was taken and where if alive, in a manner that causes the least harm.

Directing for skate and dogfish prohibited in 4X+5 (10% bycatch only)

Industry funded observer coverage at a rate based on a minimum of one seaday per 100 t of quota that allows conservation concerns to be addressed.

Any vessel that carries dual mesh size (< 130 mm >) will only be permitted to direct for the species that can be fished with the smaller mesh. Observers must be carried when a directed fishery for both small and large mesh species is requested.

To avoid any potential discarding, arrangements have been made for transfers of quota between the Generalist Committee and mobile gear less than 65' ITQ fleet to cover possible overruns.

Communication about and Ratification of the Code of Conduct for Responsible Fishing is planned during the 2000 fishery

CONSERVATION HARVESTING PLAN (CHP)

ITQ MOBILE GEAR VESSELS < 65' 4VWX+5

April 1, 2000-MARCH 31, 2001

This Conservation Harvesting Plan (CHP) applies to all ITQ mobile gear vessels less than 65', regardless of home port, fishing in NAFO divisions 4VWX+5 during the period April 1, 2000 to March 31, 2001.

MG < 65' licence holders are authorized to direct only for cod, haddock, pollock, flatfish and redfish. Directed fishing for any other species of groundfish will require a separate licence condition and harvesting plan e.g. argentine.

Fishing Gear:

For any gear type other than mobile (i.e. fixed ), gear specifications will be as per the licence condition requirements.

1. Minimum 130 mm square mesh when directing for all groundfish with the following exceptions:

2. Redfish in Units 2 & 3 - minimum 90 mm mesh size, for any trawl type year round

3. Flatfish in 4VWX - minimum 155 mm square (draggers) when directing (i.e. flatfish makes up the largest part of the catch).

4. Flatfish in 4VW - minimum 145 mm diamond (seiners).*

5. Silver hake - minimum 55 mm square mesh and the use of a grate is required.

*In the event of cod bycatch problems seiners will revert to 155 square mesh

By-catch Provisions:

By-catch provisions will be:

6. 5% daily bycatch of each cod and haddock, with a 2% overall cap (reviewed as abundance increase), when directing for redfish and flatfish in 4VW.

7. 10% per trip bycatch of cod and haddock combined, when directing for pollock in 4VW to a maximum 5% overall cap.

8. Halibut fleet allocation to be fished as a 2% bycatch

9. Unit 3 (4X portion only) redfish bycatch levels: 10% all groundfish combined. Small fish protocols to remain in place for all bycatch species.

10. 10% maximum by-catch of all groundfish combined when fishing for other groundfish species that can be fished with a mesh size<130mm (i.e. redfish).

Guidelines for bycatch percentages while directing for cod, haddock, pollock and flatfish (CHPF) in 4X shall be:

11. Catfish - 20% (April 1 - September 1, 2000) and 10% during the remainder of the year to March 31, 2001.

Monkfish - 20% for the entire period April 1, 2000 to March 31,2001.

For monitoring the catch levels of these bycatch species the aim will be to monitor overall target levels along with specific trip percentages. Some flexibility on individual trips will be permitted, with overall fleet landings also being monitored to ensure that they do not exceed quantities from previous years. Bycatch levels will be monitored and appropriate measures taken to identify individuals seen to be targeting bycatch species.

Areas may be closed for specified fleet sectors or individuals when these limits are reached or exceeded. As well any individual licence holder found to be consistently exceeding the agreed to bycatch levels on a trip basis will be required to have observer coverage at their expense.

Small Fish Protocol:

Based on the principle of letting most fish spawn at least once, the approach is to set a target, in any given year, that the harvest must consist of at least a specified percentage of the catch being sexually mature fish. Initially we should be moving towards a target of at least 50% being sexually mature. Fish will be considered undersized if smaller than:

Catch Monitoring and Test Fishing:

18. A Dockside Monitoring Program will be required (100%).

19. During April 1, 2000 to March 31, 2001, small fish and by-catch closures will be of a minimum duration of 10 days.

20. Test fisheries will be conducted after 10 days, all cost borne by industry.

21. Opening of any test area in 4VW for pollock, flatfish or redfish will require a test fishery to determine the cod and haddock by-catch level and presence of small fish.

22. Once an area has been opened in 4VW, arrangements will be made to carry observers on a routine basis (monthly) to ensure that bycatch or small fish is within acceptable levels.

23. Test Area 1 in 4W will require observers at the individual licence holders cost at all times during April 1, 2000 to March 31,2001 when fishing with a mesh less than 130 mm. Closures may be more than 30 days if consecutive tests reveal that the by-catch or small fish protocol is being exceeded.

Open Seasons:

24. 4X5Y CHPF and redfish - April 1, 2000 to March 31, 2001

25. 4VsW Pollock - April 1, 1999 to March 31, 2001 (test fishery required to fish in 4VsW)

26. Redfish in Unit 2 3Ps, 4VsWfgj July 1 to December 31,2000 3Pn /4Vn July 1 to October 31, 2000

Closed Seasons

The following seasonal closures will be in effect:

27. 4Vn closed to all fishing - April 1 to April 30, 2000 and January 1 to March 31, 2001

28. 4Vsb closed to all fishing - April 1 to April 30, 2000 and January 1 to March 31, 2001

29. 4Vn closed for directed pollock fishing - January 1,2000 to March 31, 2001

30. 4VsWfgi closed for Unit II redfish - April 1 to June 30, 2000 and January 1 to March 31, 2001. 4Vn closed for unit II redfish - May 1 to June 30, 2000 (spawning time).

Roseway (coordinates listed below) closed April 1, 2000 to March 31, 2001 unless carring an at sea observer

Point North Latitude West Longitude

1. 43^o33'N 64^o41'W

2. 43^o32'N 64^o46'W

3. 43^o27'N 64^o52'W

4. 43^o19'N 64^o52'W

5. 43^o16'N 64^o48'W

6. 43^o16'N 64^o38'W

7. 43^o27'N 64^o29'W

8. 43^o30'N 64^o29'W

9. 43^o33'N 64^o41'W

Spawning and Juvenile Closures:

33. Brown's Bank spawning closure - April 1 to June 15, 2000 and February 1 to March 31, 2001.

34. 4VW juvenile area closed to all groundfish sectors for April 1, 2000 to March 31, 2001.

35. Use of mesh < 130 mm prohibited in 4X north of 4330'N.

36. Use of mesh < 130 mm prohibited in any area where water is less than 50 fathoms in depth.

37. Use of mesh < 130 mm prohibited in the Browns Bank spawning area from April 1 to June 30, 2000 and from January 1 to March 31, 2001.

Use of mesh < 130 mm prohibited in the area known as the Bowtie and defined by the following coordinates:

1. 43^o20'N 65^o20'W

2. 43^o05'N 65^o40'W

3. 42^o40'N 65^o40'W

4. 43^o05'N 64^o40'W

5. 43^o20'N 65^o20'W

Other Measures:

Mandatory release of all Atlantic halibut < 81 cm (32").

All Atlantic halibut to be released when the fishery is closed by variation order to the place from which it was taken and where if alive, in a manner that causes the least harm.

Directing for skate and dogfish prohibited in 4VWX+5.

Industry funded observer coverage based on a minimum rate of 1 sea day per 100 t of quota (CHPFR) to ensure conservation concerns are addressed. Fishers are required to call the Observer company Javitech three hours prior to fishing and if an observer is required may not leave port until the observer is on board (see licence condition). Failure to call will result in observer coverage with the cost borne by the individual rather than fleet coverage.

Any vessel that carries dual mesh size (< 130 mm >) will only be permitted to direct for the species that can be fished with the smaller mesh. Observers must be carried when a directed fishery for both small and large mesh species is requested.

*Industry will establish a fund and contract to the observer company Javitech to provide routine observer coverage for the entire MG<65' fleet unless otherwise indicated (i.e. bycatch violation, dual mesh requests and test area 1 coverage to be funded by the individual licence holders). The fund will be based on a percentage (6%) of the overall access fees paid by individual licence holders. Transfers will not be permitted prior to payment of observer fees.

Conservation Harvesting Plan (CHP)

Atlantic-Wide for Mobile Gear Vessels 65-100'

Effective June 1, 2000

This Conservation Harvesting Plan (CHP) applies on an Atlantic-wide basis to all mobile gear vessels 65-100'.

A licence condition for all MG 65-100' vessels will authorize the license holder to direct only for specified groundfish species. Directed fishing for any other species of groundfish will require a separate licence condition and harvesting plan.

Appendix 6

NR-HQ-00-11

March 31, 2000

Dhaliwal announces Atlantic Groundfish Management Measures for Scotia-Fundy and Newfoundland Regions

OTTAWA -- Herb Dhaliwal, Minister of Fisheries and Oceans, today announced management measures and total allowable catches (TACs) for groundfish stocks in the Scotia-Fundy and Newfoundland regions. The announcement follows recommendations made to the Minister by the Fisheries Resource Conservation Council (FRCC) in its January 18, 2000 report.

"As indicated by the FRCC, the status of groundfish stocks remains a concern. My decision to lower catch levels in certain areas reflects that concern and is aimed at ensuring a responsible fishery," said Mr. Dhaliwal. "At the same time, I also recognize the need for stability and the fishing industry's interest in achieving a sustainable fishery. I am confident that the TACs and conservation measures announced today will rebuild a sustainable and economically viable fishery."

The Minister has accepted most of the conservation measures and TAC levels recommended by the FRCC for the year 2000. The TAC levels for each stock are summarized in the attached backgrounders: Year 2000 TAC Levels for Groundfish and Cod Stocks for Scotia-Fundy and Year 2000 TAC Levels for Newfoundland and Redfish Stocks.

4X5Y cod

The only departure from the FRCC's recommended TACs pertains to 4X5Y cod in the

Scotia-Fundy region, where a longer term rebuilding plan is being implemented. The TAC will be reduced from the 1999 level of 7,000 tonnes to 6,000 tonnes for the next three years. While this level of harvest is above what was recommended as a one year TAC for the 2000 season, it will still allow for modest growth in the stock this year. Moreover, the capping of harvests at 6,000 tonnes for three years will provide for management stability and ensure that stock rebuilding targets are met. A key element of the plan is the establishment of a rebuilding objective of a spawning biomass of 40,000 tonnes by 2003.

"The progress toward rebuilding this spawning biomass will be monitored closely by my department, and the FRCC's advice on this progress will be sought," said Mr. Dhaliwal. "The spawning stock biomass will be estimated annually and if the expected rebuilding targets are not being met in any of the three years of this plan, reductions in catch or complete closure will be implemented in subsequent years."

A number of new measures will also be implemented and existing measures enhanced in order to ensure the protection of juvenile fish, prevent dumping and increase monitoring in the fishery. This is in line with the recommendation of the FRCC. The measures include closures, the use of selective gear, enhanced dockside monitoring and observer coverage levels and strict protocols for cod bycatch in other fisheries.

"This TAC, coupled with additional measures in place and the commitments I have received from the industry, will enable the stock to rebuild and allow for an orderly mixed fishery for cod, haddock and pollock in this area," said Mr. Dhaliwal. "The aim of these measures is consistent with that of the FRCC - to rebuild the stock spawning biomass."

The Minister also noted that overcapacity exists in this fishery and encouraged those fishermen who are able to do so to take advantage of the current licence retirement program while this option is available to them.

3Ps cod

In line with the FRCC's recommendation, the TAC for 3Ps cod will be reduced from 30,000 tonnes in 1999 to 20,000 tonnes this year. This reflects the need for a more precautionary approach to harvest this stock in order to address the poor recruitment and decline in spawning stock biomass.

The department will complete the normal process of data analysis and reporting following the April research vessel survey. Data from this survey will be analyzed over the summer months, and will be provided to the FRCC for its consideration later this fall.

"I agree with the Council's recommendation to lower the TAC in order to conserve the spawning stock," said Mr. Dhaliwal. "I know this reduced TAC will have an impact on the incomes of local fishermen. However, given the uncertainties associated with this stock, I must accept the responsible approach recommended by the FRCC."

Today's decision includes a suite of actions necessary to rebuild the spawning stock biomass. It introduces conservation measures and TACs that are aimed at enhancing the probability that the spawning biomass will continue to increase and broaden in age structure among all stock components.

Implementing some of the FRCC's non-TAC related measures will be done in cooperation with the fishing industry, which will have to address them in their Conservation Harvesting Plans. Other measures will be implemented by the department in consultation with industry. Conservation harvesting plans must be completed before the fisheries will be opened.

A backgrounder on the Year 2000 TAC levels is attached.

FOR MORE INFORMATION:

David Bevan

Resource Management

Fisheries and Oceans Canada

Ottawa

(613) 990-6794

BACKGROUNDER

YEAR 2000 TAC LEVELS FOR GROUNDFISH AND COD STOCKS IN THE SCOTIAN SHELF AND BAY OF FUNDY

Appendix 7

SCOTIA-FUNDY FISHERIES

ALLOCATION TABLES

and

HISTORICAL DATA TABLES

Current Fleet Shares

Cod Allocations for 4Vn (M-O), 4VsW, and 4X&5Y

Cod History for 4vn (M-O), 4VsW, and 4X&5Y

Cod Allocations Open 5Z(j,m)

Cod History 5Z(j,m)

Haddock Allocation for 4TVW, 4X&5Y, 5Z(j,m)

Haddock History for 4TVW, 5X&5Y, 5Z(j,m)

Pollock Allocations 4VWX,5Zc

Pollock History 4VWX, 5Zc

Redfish Allocations South Western Scotian Shelf (Unit 3) 4WdehklX

Redfish History South Western Scotian Shelf (Unit 3) 4WdehklX

Yellowtail Flounder Allocations 5Z(j,m)

Yellowtail Flounder History 5Z(j,m)

Flounders Allocations 4VW, 4X&5Y

Flounders History 4VW, 4X&5Y

Atlantic Halibut Allocations 3NOPs, 4VWX, 5Zc

Atlantic Halibut History 3NOPs, 4VWX, 5Zc

Silver Hake Allocations 4VWX

Silver Hake History 4VWX

White Hake Allocations 4VW, 4X+5Z

White Hake History 4VW, 4X+5Z

Argentine Allocations 4VWX

Argentine History 4VWX

Skates Allocations 4VsW

Skates History 4VsW