1999-2001

SCOTIA-FUNDY FISHERIES

INTEGRATED HERRING MANAGEMENT PLAN

NAFO SUB-DIVISIONS 4WX, 4VN AND 5Z

Herring

(Clupea harengus)

Herring Management Areas Map

Click on image for larger view

TABLE OF CONTENTS

• I. INTRODUCTION
• II. SCOTIA-FUNDY FISHERIES SOUTHWEST NOVA SCOTIA/BAY OF FUNDY (4WX) SPAWNING COMPONENT 1999-2001 MANAGEMENT PLAN
• • 2.1 Preamble
  • 2.2 Principles
  • 2.3 Management Measures
• III. SCOTIA-FUNDY FISHERIES 1999-2001 NON - SWNS / BAY OF FUNDY SPAWNING COMPONENT HERRING MANAGEMENT PLAN
• • 3.1 New Brunswick Weir and Trapnet Fisheries
  • 3.1.1 Management Measures
  • 3.2 Nova Scotia Embayments East of Baccaro Point - Coastal(South Shore, Eastern Shore and Cape Breton 4Vn) Nova ScotiaSpawning Component
  • 3.2.1 Management Measures
  • 3.3 Outer Banks or the Scotian Shelf (Offshore Scotian Shelf Spawning Component)
  • 3.3.1 Management Measures
• IV. INTEGRATED SCOTIA-FUNDY FISHERIES 1999-2001 4Vn HERRING MANAGEMENT PLAN
• • 4.1 Principles
  • 4.2 Category 1
  • 4.2.1 Management Measures for Category 1
  • 4.3 Category 2
  • 4.4 Category 3
  • 4.5 Management Measures for Categories 2 and 3
  • 4.6 General Management Measures
• V. SCOTIA-FUNDY FISHERIES 1998 5Z HERRING MANAGEMENT PLAN
• • 5.1 Catch History
  • 5.2 Management Measures
• VI. 1999-2001 HERRING ENFORCEMENT PLAN
• • 6.1 Area
  • 6.2 Quotas
  • 6.3 Strategies
  • 6.4 Enforcement Concerns
  • 6.5 Enforcement Action

Appendix A Scotia-Fundy Herring Advisory Committee Terms of Reference

Appendix B Scotia-Fundy Herring Advisory Committee Membership Criteria

Appendix C Scotia-Fundy Herring Purse Seine Monitoring Committee Terms of Reference

Appendix D Hold Calibration Terms of Reference

Appendix E Licence Conditions:

· 1999 4wx Herring Licence Conditions For Mobile Gear With Certified Hold Calibration Charts

· 1998/99 4vn Herring Licence Conditions For Mobile Gear With Certified Hold Calibration Charts

· 1999 Herring Setnet and Driftnet Licence Condition Vessels Under 45 Feet

· 1999 Pelagic Bait Licence Condition For Herring Fishing Areas 17, 18, 19, 20, 21 & 22

· 1999 Pelagic Bait Licence Condition For The Bras D'or Lakes Herring Fishing Area 18

· 1999 Herring Weir or Trap Licence Conditions

· 1999 Herring Transporting Licence Conditions With Certified Hold Calibration Charts

Appendix F Observer Program and Deployment

Appendix G Stock Status Report 1999

Appendix H Overwintering Decision rules 97/E

Appendix I Overwintering Decision Rules 98/3E

Appendix J Embayment Closure Line

Appendix K 1998 Eastern Shore Gillnet Management Plan

Appendix L 1999 Western Nova Scotia Herring Gillnet Management Committee

Appendix M Bras d'Or Lakes Management Plan

Appendix N Atlantic Direct Sales Program Consultative and Approval Procedures

Appendix O Direct Sales Policy

Appendix P DFO Contact List

SCOTIA-FUNDY FISHERIES

INTEGRATED HERRING MANAGEMENT PLAN

I. INTRODUCTION

The following Integrated Multi-year Scotia-Fundy Fisheries Herring Management Plan has been developed after extensive consultations with licence holders, processors and Provincial Governments. The Scotia-Fundy Herring Advisory Committee (SFHAC) is the primary means of consulting the herring industry throughout the Scotia-Fundy Herring Fisheries. There are a number of sub committees including the Mobile Gear Monitoring Committee, the Fixed Gear Monitoring Committee, the Joint Mobile/Fixed Gear Monitoring Committee and the 4VN Advisory Committee. Other committees may be struck from time to time as the SFHAC deems necessary.

This Multi-year Plan maybe reviewed at any SFHAC meeting and will be appended annually. The Annual Appendix will include changes to management measures and update the scientific advise including details of the fishing quotas, allocations and updates to the Enforcement Plan.

The main principle of this Plan is the conservation of the herring resource and the preservation of all of its spawning components. Other measures are in place to address the broad economic interests of fishermen, processors and the interdependence of local communities on herring stocks throughout the Scotia-Fundy Sector of the Maritimes Region.

The 4VWX management unit is known to contain a number of spawning areas separated to various degrees in space and time. For the purposes of evaluation and management, the 4VWX herring fisheries are divided into four components:

1. Southwest Nova Scotia/Bay of Fundy (4WX) spawning component

2. Offshore Scotian Shelf Banks spawning component

3. Coastal (South Shore, Eastern Shore and Cape Breton 4Vn) Nova Scotia spawning component; and

4. Southwest New Brunswick migrant juveniles.

Recognizng that each component has several spawning areas, and that there is mixing of fish from more than one component, industry and management have explored means of managing the complexity within each component (such as distributing fishing effort among spawning areas according to their relative size) and of taking appropriate account of interaction among components (such as restrictions on some areas of mixing).

The largest portion of the catch is taken by the 28 active mobile purse seine fleet fishing 40 licences. In recent years, there has been increased interest in other herring stocks including the Outer Banks of the Scotian Shelf and Georges Bank.

In addition, there are 1,619 set gillnet, 429 drift gillnet and 269 trap and weir "A" licences (limited entry) as well as 953 bait (subject to eligibility criteria) and 200 - 300 recreational "B" (unlimited entry ) licences. The trapnet and weir "A" licences are fished by fishers along the New Brunswick coast as well as fishers along the Bay of Fundy and the Atlantic coast of Nova Scotia, including 4Vn. The gillnet "A" fishers fish commercially for food herring or catch herring for personal bait purposes through out Scotia Fundy. The "B" licence holders fish throughout the region for personal bait purposes.

Aboriginal Fishers

Historically, aboriginal people have fished herring for food and for bait. First Nations fish seven commercial gillnet licences as well as three (Eskasoni, Waycobah, and the Native Council of Nova Scotia) communal food fishery licences. They are members of and participate in the Scotia Fundy Herring Advisory Committee and the 4VN Committee where they have played an active role in the science and management of the Bras d'Or Lakes fishery in particular.

Specific conservation objectives were reviewed and developed further during the 1997 season. Three objectives and a number of targets within those objectives were defined:

1. To maintain the reproductive capacity of herring in each management unit:

· persistence of all spawning components in the management unit;

· maintain biomass of each spawning component above a minimum threshold;

· maintain a broad age composition for each spawning component; and

· maintain a long spawning period for each spawning component.

2. To prevent growth overfishing:

· continue to strive for fishing mortality below F0.1.

3. To maintain ecosystem integrity/ecological relationships ("ecosystem balance"):

Implementation of a precautionary approach requires further definition of target and limit reference points associated with these three objectives. There is insufficient information available at the present time on which to base targets for the objective of maintaining ecosystem integrity.

The Plan incorporates conclusions resulting from a public policy seminar held in March 1995 on management of herring stocks in 4Vn. This has resulted in the establishment of a management regime for adjacent fishermen throughout 4Vn intended to promote close co-operation among industry and Fisheries and Oceans Canada (DFO) on scientific programs involving tagging and sampling of herring stocks.

The implementation and management of the Plan will require continued close co-ordination among all sectors of the fishery (fixed, mobile and processors). DFO will also continue to support initiatives directed toward enhancing the understanding of herring stocks through tagging and sampling studies, and exploratory fisheries.

II. SCOTIA-FUNDY FISHERIES SOUTHWEST NOVA SCOTIA/BAY OF FUNDY (4WX) SPAWNING COMPONENT 1999-2001 MANAGEMENT PLAN

2.1 Preamble

The NAFO sub-division, 4WX herring fisheries are predominantly based on fish from the major spawning areas off Southwest Nova Scotia (SWNS), which comprises the Bay of Fundy spawning component (4WX) stock complex. This area also contains migrants from the Gulf of Maine and discrete localised herring spawning groups along the Atlantic coast of Nova Scotia.

The 1999 4VWX Herring Stock Status Report (Appendix H) indicates that the spawning stock biomass (SSB) of the SWNS / Bay of Fundy spawning component from acoustic surveys on spawning grounds exceeds 500,000t. Age composition has improved, but contains a relatively small fraction of fish older than the 1992 year-class. Large amounts of spawning fish were documented on German Bank and in Scots Bay, but spawning was again absent or below historical levels on some traditional grounds.

Total landings from this component in 1998 were 77,413t. Landings by the purse seine sector (70,533t) which included some quota reallocated from the fixed gear sector) were higher than in 1997, reflecting the higher quota. Landings by Nova Scotia weirs (4,464t) were similar to 1997, but gillnet landings (2,416t) were lower, primarily reflecting poor market conditions.

Catch History

^* Purse seine quota figures adjusted due to a transfer of mid-water trawl quota less 20% and fixed gear transfer.

An ecosystem approach that attempts to maintain relative ecosystem balance will be explored for future application to the management of the herring fishery.

2.2 Principles

The main principle of the Plan is the conservation of the Scotia Fundy herring stocks and the preservation of all of its spawning components.

2.3 Management Measures

· All mobile and fixed gear operate with Conditions of Licence ( Appendix E) requiring reporting and monitoring of landings in accordance with the provisions of an industry-funded Dockside Monitoring Program.

· Prior to departing to fish the SWNS / Bay of Fundy spawning component (HFAs 20 West of the Baccaro Point line, 21, and 22 October 15 - October 14.) all mobile gear herring fishing vessels must register and receive confirmation from a DFO designated or Certified Dockside Monitoring Company as a condition of licence.

· Prior to departing to fish the Chedabucto Bay i.e. HFA 19, (November 1, - January 31 ) all mobile gear herring fishing vessels must register and receive confirmation from a DFO designated or Certified Dockside Monitoring Company as a condition of licence.

· Purse seiners will be allocated a specific vessel percentage allocation of the mobile gear share of the SWNS / Bay of Fundy spawning component quota as detailed in the Mobile Gear Shares SWNS / Bay of Fundy Spawning Component Table.

· The purse seine fleets are authorised to participate in a Temporary Transfer System in accordance with the following conditions:

1. transfers are temporary;

2. the unit of transfer is tonnes;

3. there will be no cap on transfers again for 1999-2001 as was the case in 1997 and 1998;

4. temporary transfers will be permitted to occur at any time (before or after a trip) subject to receipt of the appropriate authorising signatures from both parties;

5. transfers will be permitted to occur up to four weeks after the close (October 14) of the SWNS / Bay of Fundy spawning component season.

· Purse seine licences that exceed their SWNS / Bay of Fundy spawning component three weeks after the close of the 4WX season will be subject to quota deductions from the next season's quota as detailed below. These deductions will be subtracted from the SWNS / Bay of Fundy spawning component quota after all licence fees have been paid.

· The quota of 4WX herring to be fished during the winter (i.e., Chedabucto Bay November 1 - January 31) fishery on over wintering SWNS / Bay of Fundy spawning component stock will be limited to 20% of the previous year's purse seine SWNS / Bay of Fundy spawning component quota.

· The winter (January 1 - February 28) Bay of Fundy (HFA 20 west of Baccaro and 21) purse seine reference figure of 6,000t is an estimated catch from the area and maybe increased by transfer from the summer fishery. Similarly, any unused maybe transferred to the summer quota.

· The Chedabucto Bay fishery will be managed in accordance with Decision Rules for Managing Overwintering Fisheries (Appendices H and I).

· All mobile gear fishing, SWNS / Bay of Fundy spawning component stock will operate with Conditions of Licence (Appendix E) requiring landings to adhere to provisions of an industry funded Dockside Monitoring Program (DMP).

· All mobile gear catches are required to adhere to either an authorised at-sea monitoring program (SMP) in the case of over-the-side sales (OSS), or standard DMP for shore-based landings.

· The principal elements of the 1983 Long-term Mobile Gear Plan for seiners remain in effect for this Plan.

· The 80/20 sharing formula of the SWNS / Bay of Fundy spawning component TAC between seiners and fixed gear remains in effect for this Plan except as modified by agreement. The one midwater trawl license HER 00012 quota is 1% of the TAC. This is removed from the TAC prior to the 80/20 sharing of the balance between the Mobile and fixed gear sectors. In the event that the quota associated with the mid water trawl licence is transferred, as provided for in Temporary Transfer System noted above, not more then 80% may be transferred to the mobile sector while 20% will be added to the fixed gear quota.

· The fixed gear and mobile gear may share their unused quota with the other on a temporary year-by-year basis. DFO reserves the right to approve transfers following consultations with the licence holders of the SWNS / Bay of Fundy spawning component quota. All mobile gear vessels will be allocated specific vessel percentages of the transferred quota in accordance with the 1994/95 sharing formula as detailed in the Mobile Gear Shares SWNS / Bay of Fundy Spawning Component Table.

· Within SWNS / Bay of Fundy spawning component framework of the SFHAC, a number of industry co-chaired, DFO/Industry Monitoring Working Groups will address in-season issues including the fishing of spawning aggregations and new/or developing herring fisheries.

· The Purse Seine Industry Monitoring Working Group (MWG) is composed of representatives of both sectors of the mobile gear industry (mobile gear, and processors) as well as members of the fixed gear industry when considered appropriate by DFO. This committee operates in accordance with the Terms of Reference (Appendix C) as agreed by DFO.

· The Gillnet Industry Monitoring Groups (GMWG) are composed of representatives of both sectors of the gillnet industry (gillnet and processors ) and operate within specific geographic areas within Scotia-Fundy Fisheries as determined by the Committees.

· A Joint Monitoring Working Group (JMWG) composed of representatives of all gear types (purse seine, gillnet, traps and weirs) and processors deals with in-season issues of concern to all gear sectors, notably, SWNS / Bay of Fundy spawning component fisheries.

· Target catch levels for individual SWNS / Bay of Fundy spawning component areas are premised on the in-season review process involving industry-funded surveying and assessment by DFO Science personnel, followed by fishing of up to 20% of the observed spawning aggregation. This process has become known as the "survey, assess and fish protocol".

· Access to spawning areas will be closely monitored through the use of observers and the DMP hail/monitoring procedures.

· Little Hope Island spawning stock is not considered in the assessment of the SWNS / Bay of Fundy spawning component. It is managed in accordance with the provisions of the Nova Scotia Embayments East of Baccaro Point - Coastal Nova Scotia Spawning Component Management Section 3.2.

· The Trinity Ledge area will remain closed to all herring fishing throughout the spawning season (August 15 -September 15). This closure may be adjusted to protect spawning on Trinity Ledge. DFO may permit a limited fishery following a scientific survey and stock assessment.

· A five-day-per-week fishery for mobile gear fishing SWNS / Bay of Fundy spawning component will be put into effect if consensus is achieved among the Mobile Gear Monitoring Committee. If implemented, the weekend closure would be in effect each Friday at 12:00 hours through to 12:00 hours each Sunday between August 15,and October 1.

· Requests for over-the-side sales (OSS) allocations can only be considered with industry agreement and in the context of the provisions of the Direct Sales Policy. Requests will be dealt with in a timely fashion.

· In 1999 three trapnets and 27 weirs licences were renewed. These licences fish the SWNS / Bay of Fundy spawning component and are part of the fixed gear quota. The recent catch history of this sector is as follows:

N. S. Traps and Weirs Catch History

SWNS / Bay of Fundy Spawning Component

Quotas and Shares

Mobile Gear Shares

SWNS / Bay of Fundy Spawning Component

III. SCOTIA-FUNDY FISHERIES 1999-2001 NON - SWNS / BAY OF FUNDY SPAWNING COMPONENT HERRING MANAGEMENT PLAN

The following stocks are not part of the SWNS / Bay of Fundy spawning component stock complex and hence catches and allocations are not included in the SWNS / Bay of Fundy spawning component Management Plan.

In an effort to determine the distribution of these fish, DFO encourages the industry to participate in a comprehensive tagging and recovery program.

3.1 New Brunswick Weir and Trapnet Fisheries

New Brunswick weir and shutoff catches are not considered to be part of the SWNS / Bay of Fundy spawning component. They are believed to be primarily juveniles originating in the Gulf of Maine. This passive fishery is not subject to catch limits but is constrained not only by resource availability but also by market. Historically, catches have exceeded 40,000t.

Catch History

In 1999, there was 204 weirs and four trapnet licences renewed throughout this area.

3.1.1 Management Measures

· All fixed gear (weirs, traps and shutoffs) operate with Conditions of Licence (Appendix E) requiring reporting and monitoring in accordance with the provisions of an industry funded Dockside Monitoring Program. Accurate catch and effort statistics are required to be supplied by individual licence holders to DFO. This catch and effort data system is industry funded and was developed to provide timely and accurate data to the DFO.

· Active licence holders will be encouraged to participate in scientific tagging and sampling studies.

3.2 Nova Scotia Embayments East of Baccaro Point - Coastal (South Shore, Eastern Shore and Cape Breton 4Vn) Nova Scotia Spawning Component

Herring stocks east of Baccaro Point along the Nova Scotia coast are considered to be discrete local stocks and, hence, are not part of the SWNS / Bay of Fundy spawning component stock complex. This includes the Little Hope spawning stock and the small local spawning stocks along the Atlantic coast of Nova Scotia. In view of the precautionary approach, an area 25 miles seaward from the established Embayment Closure Line (Appendix J) will remain closed to mobile gear fishing with the exception of the Chedabucto Bay fishery.

With a few exceptions, the fisheries and stock status of spawning groups along the coast of Nova Scotia remain undocumented. The lack of information precludes evaluation of stock status. Fishers are encouraged to document spawning aggregations and to participate in tagging studies.

Catch History

3.2.1 Management Measures

· All fixed gear fishing east of Baccaro Point Line will operate under Conditions of Licence (Appendix E) requiring landings to adhere to provisions of an industry funded DMP. Accurate catch and effort statistics will be required to be supplied by individual licence holders to the DFO. This catch and effort data system is industry funded and is intended to provide timely and accurate data to the DFO.

· Active inshore fixed licence holders will be encouraged to participate in tagging and sampling studies.

· The SFHAC expressed concern for the state of the Little Hope Island spawning stock following concentrated purse seine effort in 1993 / 94. As a result the DFO established an Embayment Closure Line (Appendix J) intended to protect the coastal spawning components. The recovering Little Hope spawning component is managed in accordance with the provisions of the Survey Assess and Fish protocol. In October 1998 industry sponsored scientific surveys documented 22,500t of spawners. A directed gillnet roe fishery operating under 100% dockside monitoring will be permitted in accordance with the "survey assess and fish protocol".

· An allocation (to be fished on the SWNS / Bay of Fundy spawning component) may be made available on an experimental basis for up to two purse seine vessels to survey the Little Hope Island spawning stock and/or for the purpose of participating in a comprehensive tagging program. Observers and experimental licensing will be required for the seiners identified to participate by the industry.

· An allocation (to be fished on the SWNS / Bay of Fundy spawning component) may be made to purse seine vessels to survey and tag the Halifax winter ( January - February) aggregation for scientific purposes. Observers and experimental licensing will be a required for the seiners identified to participate. In the event that a large aggregation is documented discussions with all users of the resource could lead to limited removals from the overwintering aggregations subject to a set of Overwintering Decision Rules.

· Landings by inshore, limited entry, fixed gear (herring trap and gillnet) fisheries are not subject to quotas or allocations except as noted with respect to a directed roe fishery.

· Directed roe fisheries will adhere to the survey, assess, and fish protocol. Industry-funded surveys will be undertaken prior to a directed roe fishery and be limited to a harvest of up to 10% of the observed spawning aggregation. The fishery will be undertaken in accordance with a DFO approved local harvesting plan and 100% DMP.

3.3 Outer Banks or the Scotian Shelf (Offshore Scotian Shelf Spawning Component)

The Outer Banks are defined as that area east of the Baccaro Point closure line and outside the twenty-five (25) mile closure area along the coast of Nova Scotia in HFA 20, and HFA 19.

There is some question regarding the affinity of herring on the offshore banks. There is, for example, some evidence of spawning which would indicate a separate stock. Since the SWNS / Bay of Fundy spawning component includes only Southwest Nova Scotia spawners the offshore bank herring resource is considered to be a separate stock.

In 1998, the third year of a reactivated Scotian Shelf mobile gear fishery resulted in a landing of approximately 5,400t of a 12,000t. initial allocation. The age composition from both the fishery and research survey showed a dominant 1992 year-class, and a rather narrow age distribution. There is little quantitative information on which to evaluate the status of this stock.

An ecosystem approach that attempts to maintain relative ecosystem balance will be explored for future application to the management of this herring fishery.

Industry and Science have proposed a two-step developmental approach:

1. An initial catch allocation will be established in the range of the previous years catch, i.e., 1996 - 11,927t, 1997 - 18,945t and 1998-5,351t.

Initial allocation: 12,000t

2. After the fish have aggregated sufficiently to survey and prior to the initial catch level being caught, a detailed survey utilising the recording acoustic equipment will be undertaken to determine the relative stock abundance. Changes as considered appropriate and in line with the recommendations by RAP, will be made to the initial catch level.

An industry committee will review the fishery on a regular basis and adjustments will be made in accordance with the biological indicators such as distribution, biomass, age structure and other factors as considered appropriate.

3.3.1 Management Measures

· Prior to departing to fish the Outer Banks, all herring fishing vessels must register and receive confirmation from a DFO designated or Certified Dockside Monitoring Company as a condition of licence.

· All vessel activity will operate under the auspices of the MWG review process involving industry-funded surveying, sampling and assessment by DFO Science personnel.

· Vessels will be required to carry observers or DFO approved electronic monitoring systems and participate in tagging and/or sampling programs as required by DFO at industry cost.

· All mobile gear catches are required to adhere to either an authorized at-sea monitoring program (SMP) in the case of OSS, or standard DMP procedures for shore-based landings.

· This fishery will occur from January 1 to December 31 and will operate on a competitive basis.

· OSS allocations and access utilising existing herring licences will be considered in the context of the Direct Sales Policy.

· Midwater trawl experimental fishery may be authorized for Canadian vessels utilising an existing Scotia-Fundy herring licence to investigate the feasibility/viability of using mid-water trawl on the Outer Banks.

IV. INTEGRATED SCOTIA-FUNDY FISHERIES 1999-2001 4Vn HERRING MANAGEMENT PLAN

Click image for larger view

The area between Cape North and Cape Forchu known as Sydney Bight, is identified as NAFO Sub-division 4Vn. This is an area of mixing for herring stocks from 4T, 4WX, local 4Vn stocks and the Bras d'Or Lakes herring stock. 4Vn is comprised of two herring fishing areas: HFA 17; and HFA 18.

The Bras d'Or Lakes spawning component exhibits a continuing state of decline. In 1998 there was a further decrease in spawning locations, an absence of fish in several traditional fishing areas, low levels of larvae, and an intensification of effort in the few, very small remaining areas of herring spawning. In 1998 an industry proposed management plan (Appendix M) failed to achieve the objective of significantly reducing (reduction of 50% ) the catch.

In 1999 DFO established a maximum catch of 120t, closed all known spawning areas in addition to maintaining the effort reduction controls suggested by industry. The catch was significantly reduced ( approximately 35t) and some spawning area surveys were undertaken. Attempts to tag spawning fish were unsuccessful.

4.1 Principles

The five main principles concluded from a public policy seminar held in Sydney on March 22-23, 1995, have been incorporated into the management of herring for 4Vn.

1. Conservation: local stocks should be protected through appropriate management measures based on improved scientific understanding.

2. Adjacency: inshore fishers will have priority with respect to access.

3. History: participation over the current, medium-term and long-term past should be respected.

4. Supplementary: fishers targeting mackerel should be permitted to follow migratory stocks and fish them in defined areas in 4Vn.

5. Accessibility: mobile fleets (i.e., Gulf-based seiners) should be permitted to follow herring migratory stocks in order to be able to fish them in defined areas (HFA 17) within the boundaries of 4Vn. This principle is to ensure that the mobile herring fleets from the Gulf Fisheries and the Scotia-Fundy Fisheries will have access to the respective migratory stocks from 4T and 4WX.

In addition to the above principles, a set of Decision Rules for Managing Overwintering Fisheries (Fisheries Status Report 98/3E, Appendices H and I) were developed and will be incorporated into the management of the 4VN fishery. These decision rules were developed in consultation with the industry at a Science Workshop held in Halifax on February 18-19, 1997.

DFO, in association with Aboriginal fishermen, the Province of Nova Scotia and commercial fishermen, will continue a research program in the Bras d'Or Lakes and 4Vn area in a co-ordinated effort to determine the distribution of herring stocks throughout the 4Vn area.

There are three herring management Categories within 4Vn:

Category 1:

Nov. 1- March 31

Large Gulf seiners

Category 2:

May 1 - Sept. 30

Adjacent inshore (fixed and mobile gear)

Category 3:

Oct. 1 - April 30

Adjacent inshore (fixed and mobile gear).

4.2 Category 1

November 1 - March 31:

Large Gulf-based seiners fish overwintering 4T herring stock in 4Vn. It is understood that this fishery could have an impact on local 4Vn stocks including the Bras d'Or Lakes component as well as the overwintering 4WX stocks. This impact is considered to be largely dependent on the relative sizes of the mixing stocks. A maximum removal equivalent to the average landings since 1983 (Decision Rules for Managing Overwintering Fisheries - Decision Rule #1) is not considered to be detrimental to local spawning components.

Quota

Large Gulf seiners 4,200t

The large Gulf seiners may fish the lesser of 50% of their 4T quota or the long term average catch, considered to be 4,200t in 4Vn.

4.2.1 Management Measures For Category 1

· Gulf seiners operate under specific Scotia-Fundy Fisheries, Maritimes Region Conditions of Licence for the duration of the fishery requiring reporting (Appendix E) and monitoring of landings in accordance with the provisions of an industry-funded Dockside Monitoring Program.

· Gulf seiners are allocated individual vessel quotas for the duration of the fishery.

· Gulf seiners must adhere to all Scotia-Fundy Fisheries, Maritimes Region monitoring requirements either an authorised at-sea monitoring program (SMP) in the case of over-the-side sales (OSS), or standard DMP for shore-based landings.

· The fishery will be managed in accordance with the Decision Rules for Managing Overwintering Fisheries as detailed in (Appendices H and I) Fisheries Status Report 97/1 E and Stock Status Report 98/3 E.

· Gulf seiners are authorised to participate in a Temporary Transfer system in accordance with the following conditions:

1. transfers are temporary;

2. the unit of transfer is tonnes;

3. there will be no cap on transfers;

4. temporary transfers will be permitted to occur at any time (before or after a trip) subject to receipt of the appropriate authorizing signatures from both parties involved in the temporary transfer;

5. transfers will be permitted to occur up to three weeks after the close of the fishery or by December 31.

· Gulf seiner licences that exceed their quota three weeks after the end of the season, i.e., March 31 will be subject to quota reductions as detailed below. These deductions will be subtracted from the quota after licence fees have been paid.

4.3 Category 2

May 1 - September 30

This fishery occurs on the local 4Vn stocks and includes the bycatch of an exploratory <45' mobile directed mackerel fishery. Until a full analytical assessment of the 4Vn local stocks has been completed and in accordance with the March 22-23, 1995 Seminar, a precautionary catch level of 1,500t has been allocated.

DFO, in consultation with the industry, may reduce the precautionary catch level to address conservation concerns if evidence suggests the level is too high.

*(4Vn local stocks - 1995 Workshop catch level)

4.4 Category 3

This fishery occurs on the local 4Vn stocks and includes the bycatch of an exploratory <45' mobile directed mackerel fishery. Until a full analytical assessment of the 4Vn local stocks has been completed and in accordance with the March 22-23, 1995 Seminar, a precautionary catch level of 1,000t has been allocated.

In order to encourage the <45' mobile gear mackerel fishery a 4T allocation is also made available. This 4T allocation is determined at the Small Pelagic Advisory Committee of the Gulf Fisheries, Maritimes Region normally convened in December. The amount is proportional to the 4T quota. The fishery began in 1995 with a Category 3 allocation of 1,000t when the 4T quota was ( Spring TAC - 21,000t and Fall - 84,050t) 105,050t.

4.5 Management Measures for Categories 2 and 3

· All mobile and fixed gear operate with Conditions of Licence ( Appendix E) requiring reporting and monitoring of landings in accordance with the provisions of an industry-funded Dockside Monitoring Program.

· The number of fixed and mobile gear licences will not be permitted to increase beyond current levels.

· All fixed and mobile gear are encouraged to participate in sampling and tagging projects if requested.

· The herring bycatch of the inshore exploratory <45' mobile mackerel fishery will be 20% or as otherwise determined by variation order.

· The inshore exploratory <45' mobile mackerel fishery will operate in accordance with the Decision Rules for Managing Overwintering Fisheries as detailed in (Appendices H and I) Stock Status Report 97/1 E and Stock Status Report 98/3 E.

4.6 General Management Measures

· Scotia-Fundy herring seiners may be authorized to undertake a test fishery to determine the distribution and concentration of 4WX herring stock in HFA 18 south of a line drawn due east from the tip of Scatarie Island at 46° N latitude during the winter fishery. This test fishery will be undertaken with a specific Condition of Licence or Exploratory Permit, which will stipulate the specific location (to be worked out with industry) and may require participation in a sampling and tagging program. Industry-funded at sea Observers or alternate approved monitoring equipment will be required.

· All fisheries conducted on spawning aggregations will adhere to the survey, assess, and fish protocol. Industry-funded surveys will be undertaken prior to any directed roe fishery and will be limited to a harvest of up to 10% of the observed and documented spawning aggregation. The fishery will be undertaken is accordance with a 100% industry-funded DMP and may be supplemented with a DFO approved local harvesting plan.

· All gear, including traps, weirs, gillnets and exploratory mackerel fisheries will participate in an industry funded DMP.

V. SCOTIA-FUNDY FISHERIES 1998 5Z HERRING MANAGEMENT PLAN

The Georges Bank herring stock (5Z) is one of three major stocks occurring in the Gulf of Maine. Between 1961 and 1977 this stock supported the largest commercial fishery on the western Atlantic. High levels of exploitation combined with poor recruitment during the early seventies resulted in the stock's collapse in 1977.

The first sign of a recovery occurred in 1984 when a large number of age 1 juveniles were collected on the Bank. However, it was not until 1986 that both Canadian and U.S.A. research surveys began to detect reproductively active herring on the Bank and larvae in ichthyoplankton samples.

Assessment approaches for this transboundary stock differ between Canada and the U.S.A. In the U.S.A., Georges Bank forms one component of the "Coastal Zone Complex" which includes all herring stocks in NAFO areas 5Y and 5Z. Canada takes the more historical approach and assesses Georges Bank as a separate stock unit based on the spawning area in 5Z.

Although the absence of a Canadian commercial fishery on Georges Bank has precluded a Canadian analytical assessment of this stock since 1986, both Canadian and United States research surveys continue to observe positive signs that this stock is recovering to historical levels.

In 1998, the United States landed 17,989 during September and October.

The Canada/US Herring Working Group will maintain its objective of seeking to achieve a (consistent and co-operative) conservation management approach of Georges Bank herring.

5.1 Catch History

Industry and DFO have agreed on the following developmental approach:

· An initial Canadian allocation of 20,000t

· A DFO / industry Committee will monitor the fishery on a regular basis noting biological indicators such as distribution, biomass, age structure, fish behaviour, and catch rates as well as other factors as considered appropriate.

· Prior to the initial allocation being taken, a meeting of the Canada/US Working Group including Canadian and US managers, Science, and industry will meet to discuss the status of the fishery and any appropriate action required. Changes as considered appropriate and in line with the recommendations by the Regional Advisory Process (RAP), will be made to the initial catch allocation.

Initial Allocation: 20,000t

All licensed mobile gear

5.2 Management Measures

· The fishery will operate on an annual basis (January 1- December 31).

· All mobile gear operate with Conditions of Licence ( Appendix E) requiring reporting and monitoring of landings in accordance with the provisions of an industry-funded Dockside Monitoring Program.

· All vessels operating on Georges Bank will accommodate scientific and technical personnel and participate in tagging, surveys and the provision of fish samples as requested.

· All vessels will carry observers as considered appropriate by DFO at industry cost.

· No foreign vessels will be permitted to fish on Georges Bank (5Z).

· Fishing will be confined to existing Scotia-Fundy Sector, Maritimes Region mobile limited entry herring licences.

7 Prior to departing to Georges Bank (5Z), all herring fishing vessels must register and receive confirmation from a DFO designated or Certified Dockside Monitoring Company as a condition of licence.

· All mobile gear catches are required to adhere to either an authorised at-sea monitoring program (SMP) in the case of OSS, or standard DMP procedures for shore-based landings.

· Vessels will be permitted to fish 5Z under the general provisions of their mobile gear Conditions of Licence.

· Requests for OSS allocations can only be considered with industry agreement and in the context of the provisions of the Direct Sales Policy (Appendix O). Requests will be dealt with in a timely fashion.

· Midwater trawl experimental allocation of 5,000t may be authorized for Canadian vessels utilising an existing Scotia-Fundy herring licence to investigate the feasibility/viability of using mid-water trawl on Georges Bank. The experimental allocation maybe increased as considered appropriate by DFO.

VI. 1999-2001 HERRING ENFORCEMENT PLAN

6.1 Area

The Herring Fishery in the Scotia-Fundy Sector, Maritimes Region takes place in Herring Fishing Areas 17, 18, 19, 20, 21 and 22. The fishery in areas 17, 18 and 19 occurs primarily during the winter months whereas the fishery in area 20 is in the summer and fall. The fishery in areas 21 and 22 (Scot's Bay) is limited to the months of July and September.

6.2 Quotas

Further to the quotas outlined previously in this Management Plan, purse seine vessels will be subject to vessel quotas in the SWNS / Bay of Fundy spawning component fishery . Compliance with these quotas will be monitored and enforcement action may be taken against those who fail to comply with the terms and conditions of these quotas.

6.3 Strategies

The following enforcement strategies will be employed to monitor vessel activities and landings:

- Aerial Surveillance to monitor boundary lines between Herring Fishing areas, compliance with the 25 mile closure line and the various other areas closed to mobile gear.

- Patrol Vessel Surveillance will provide a platform from which fishery officers may conduct boardings to check catch weight, inspect catch records and monitor fishing activities. Patrol vessels may also be used to monitor boundary lines and closed areas.

- Observer Coverage will be employed to alert enforcement staff to catch trends including herring sizes and bycatch. Information from this coverage will be compared with catch records and landings data for unobserved vessels.

- Fishery Officers will conduct dockside audits to ensure the integrity of volumetric measurements of catch size or weighouts.

6.4 Enforcement Concerns

Fishery officers will monitor compliance with the following:

- Reporting Requirements to ensure that catches are correctly attributed to the Herring Fishing Areas in which they were taken.

- Anti-Dumping Regulations specifically to ensure that herring is not dumped due to small size or due to inadequacies in roe content.

- Scot's Bay Boundary once this area closes.

- Bycatches of herring in mackerel fisheries and bycatches of mackerel in herring fisheries where licences do not permit retention of this species. Also, illegal retention of salmon and tuna in the herring fisheries. Note that regulations require the immediate release of both these species in the manner that causes the least harm to the fish.

- Prohibition on Mobile Gear in area 18, St. Mary's Bay, Annapolis Basin, Chedabucto Bay, stand-off distances to fixed gear and at other times or places where use of purse seines is prohibited.

- Gear Marking Requirements and Mesh Material for gillnets (e.g.: monofilament).

- Minimum Fish Size where applicable in HFAs 17-19.

6.5 Enforcement Action

Where circumstances warrant, those found to be in violation of Fisheries Acts and Regulations in respect to herring will be prosecuted. In addition, the Department will request that the court suspend the licences and/or reduce the quotas of those found guilty of fisheries offences.

APPENDICES