Conservation Harvesting Plan 2022-2023 NAFO Division 4R and Sub-division 3Pn - Groundfish fixed and mobile gear vessels less than 27.4 metres (90ft.)

1. Eligibility

1. Participation in the directed fixed and mobile gear groundfish fisheries will be restricted to groundfish licence holders with a homeport in NAFO Division 4R, Sub-Division 3Pn, and those with overlap privileges with a homeport in NAFO Division 2J or Sub-Division 3Ps.

2. Fishing areas

1. This Conservation Harvesting Plan (CHP) governs the directed fishery for all vessels less than 27.4 meters (90’) in length regardless of homeport, fishing groundfish in NAFO Division 4R and/or Sub-Division 3Pn for the management cycle which runs from May 15 to May 14 annually. The management cycle for the Atlantic halibut fishery in Sub-Division 3Pn runs from April 1 to March 31 annually.

3. Fisheries restrictions

1. This CHP applies to the following species and specific areas when using fixed gear:
• American plaice – NAFO Division 4R
• Atlantic halibut – NAFO Divisions 4RST and Sub-Division 3Pn
• Greenland halibut - NAFO Divisions 4RST
• Skate / Monkfish - NAFO Division 4R
• White hake - NAFO Sub-Division 3Pn
• Winter flounder (Blackback) - NAFO Division 4R
2. This CHP applies to the following species and specific areas when using mobile gear:
• Redfish – Unit 1
• Witch Flounder (Greysole) - NAFO Division 4R
3. A “fishing trip” is defined as starting from the time the vessel leaves port and ending when it returns to port for any reason, whether or not any fish has been caught.
4. The retention or possession of Atlantic halibut (dead or alive) is not permitted, unless harvesters are otherwise authorized to retain.
5. In the context of the 4R3Pn (NL) and 4S (PQ) fixed gear fleets operating under the regional sharing arrangement, 4R3Pn-based fishers WILL BE permitted to fish in NAFO Division 4S waters during the period that NAFO Division 4S is closed to the Quebec Region fishers.  A vice versa application will apply for the 4S-based fishers fishing in NAFO Division 4R and Sub-Division 3Pn.
6. Should a licence holder choose to fish in NAFO Division 4S or 4T for a species authorized by licence conditions, they must first contact Fisheries and Oceans Canada’s (DFO) area office in Corner Brook at 709-637-4314 regarding any additional fishing restrictions.

Fixed gear

7. American Plaice
1. Fishing will be authorized only in areas where the by-catch of cod has been historically low and where traditional fishing has occurred.  The authorized areas in NAFO Division 4R are:
• Cape Ray to Johnson’s Cove
• Fischell’s to Shoal Point (Bay St. George)
• Shag Island to Cape St. Gregory
• Cape St. Gregory to Green Point
• Green Point to Point Riche
• Point Riche to Ferolle Point
• Unfortunate Cove Point (Big Brook) to Cape Bauld
2. With the exception as noted in item iii below, fishing is only authorized in water depths greater than 45.7 m (25 fathoms).
3. In that portion of NAFO Sub-Division 4Rd from a line drawn due west of Cape Ray north to a line drawn due west of Johnson’s Cove, fishing will be permitted only in water depths between a minimum of 36.6 m (20 fathoms) to a maximum of 73.2 m (40 fathoms).
4. While directing in NAFO Division 4R, all Atlantic halibut (dead or alive) that is caught shall be immediately returned to the water from which it was taken and, where it is alive, in a manner that causes it least harm.
8. Atlantic Halibut
1. Restrictions related to the 4RST Atlantic halibut fishery are outlined in the “Atlantic Halibut Sustainability Plan- Divisions 4RST” (AHSP). The AHSP was introduced in 2013 by the Fisheries Science Stewardship and Sustainability Board (FSSSB) in collaboration with DFO, the Fish Food and Allied Workers’ Union (FFAW/Unifor) and the Fish Harvesters’ Resource Centre (FHRC).  If you wish to request a copy of the AHSP, please contact the FSSSB at 709-634-7382.
2. Prior to the start of the fishing season, a licence holder must choose to participate in either the NAFO Division 4R Atlantic halibut fishery or the NAFO Sub-Division 3Pn Atlantic halibut fishery.  Licence holders will not be permitted to participate in both. Additional details are outlined in the AHSP. 
9. Greenland Halibut (turbot)
1. In NAFO Division 4R, fishing is only authorized in water depths greater than 256 m (140 fathoms). 
2. Fish harvesters shall not set, or reset, groundfish gillnet fishing gear during the period of 8 hours prior to the announced closure of the fishery.  However, they may retrieve fishing gear during this period.

10. Skate/Monkfish
1. Fishing will be authorized only in areas where the by-catch of cod has been historically low and where traditional fishing has occurred. The authorized areas in NAFO Division 4R are:
   Outside the 125 fathoms water depth
   • 4Rd - Cape Ray to Cape St. George
   • 4Rc - Cape St. George to Long Point (Bell Buoy)
   • 4Rc - Long Point (Bell Buoy) to Bluff Head
   • 4Rc - Bluff Head to Cape St. Gregory
   • 4Rb - Cape St. Gregory to the 50 degree line N (near Parson’s Pond)
   Inside the 125 fathoms water depths
• 4Rd - Cape Ray to Cape St. George
• 4Rc - Cape St. George to Long Point (Bell Buoy)
• 4Rc - Long Point (Bell Buoy) to Bluff Head
• 4Rc - Bluff Head to Cape St. Gregory
11. White Hake
1. Fishing is only authorized in NAFO Sub-Division 3Pn in water depths greater than or equal to 228.6 m (125 fathoms); OR
2. outside a line drawn connecting the following coordinates;
   47 degrees 30 minutes 35.8164 seconds North, 59 degrees 30 minutes 21.69 seconds West, hence to 47 degrees 23 minutes 31.9164 seconds North, 59 degrees 07 minutes 19.9704 seconds West, hence to 47 degrees 30.37 minutes North, 57 degrees 51.24 minutes West.
12. Winter Flounder (blackback)
1. Fishing will be authorized only in areas where the by-catch of cod has been historically low and where traditional fishing has occurred. The authorized areas in NAFO Division 4R are:
• Bank Head, Bay St. George to Cape St. George
• Bluff Head, Port au Port Bay to South Head, Bay of Islands
• Western Head, Bonne Bay to Green Point
• Point Riche to Ferolle Point
• Ferolle Point to Unfortunate Cove Point (Big Brook)
• Unfortunate Cove Point (Big Brook) to Cape Bauld
2. Fishing is only authorized in water depths less than 27.4 m (15 fathoms)

Mobile gear

13. Redfish Unit 1 (Index Fishery)
1. Unit 1 consists of NAFO Divisions 4RST, and NAFO Sub-Divisions 3Pn + 4Vn (January 1- May 31).
2. Participation is limited to only four (4) of the Western NL and Southern Labrador based groundfish mobile gear operators.
3. When both Units 1 and 2 fisheries area open, fish harvesters are restricted to fishing redfish in one Unit Area (Unit 2 - NAFO Division 3P or Unit 1 - NAFO Divisions 4RST) during the same fishing trip.
4. While fishing in NAFO Division 4R, fish harvesters are only authorized to fish in water depths greater than 182.8 m (100 fathoms).
5. Fishing is only permitted in traditional fishing sectors (between Longitude 59 and 65) in NAFO Divisions 4RST.
6. When the fishery for all of the following species: American plaice, Greenland halibut, and Atlantic halibut is closed for a vessel class in NAFO Division 4T or a portion of NAFO Division 4T, then fishing for any species of groundfish is prohibited in that closed Division or portion of Division.
7. When fishing in NAFO Sub-Division 3Pn, any Atlantic halibut (dead or alive) that is caught must be immediately returned to the water from which it was taken and, where it is alive, in a manner that causes it the least harm.

Redfish Unit 2 – For fishing restrictions and management measures related to the redfish fishery in Unit 2 (NAFO Sub-Divisions 3Ps, 4Vs, a portion of NAFO Division 4W, and NAFO Sub-Division 3Pn + 4Vn (June 1- December 31), refer to the 3Ps mobile gear groundfish fleet’s Conservation Harvesting Plan.

14. Witch Flounder (greysole)
1. Fishing will be authorized only in areas in NAFO Division 4R where traditional fishing has occurred.  Fishing in other areas of NAFO Division 4R will be considered upon the submission of separate measures.
• Fishing has been traditionally prosecuted in NAFO Division 4Rd (Bay St. George)
2. The protection of fish during the spawning period is a management measure that the Department considers imperative for rebuilding the Atlantic groundfish stocks.  The following management measure will be effect from April 1 to June 15:
• To protect cod, the use of diamond mesh will be prohibited.

4. Catch limits

1. In groundfish fisheries in NAFO Division 4R and Sub-Division 3Pn, quota reconciliation is applied on an annual basis.  Quota reconciliation provides that any overharvest of a quota in one year, on an Individual Quota, Enterprise Allocation or in a competitive fishery, will be accounted for in advance of the following fishing season.  The accounting will result in a quantity of fish equal to the quantity of the overrun being taken off the top of the allocation (i.e., not allocated) of the respective licence holder or fleet before the next fishing season starts.

5. Season

1. Although fishing seasons are anticipatory, actual opening dates may vary depending on circumstances at the time (e.g. timing of TAC decisions, potential for high by-catch or incidental catch, test fisheries, etc.)
2. For American plaice, skate/monkfish, and winter flounder fisheries, the Department will require written confirmation that buyers/markets are in place prior to a directed fishery being opened.

Fixed gear season dates

• American plaice 4R: July 15 to September 30
• Atlantic halibut
• 3Pn: April 1 to October 15
• 4RST: Outlined in Atlantic Halibut Sustainability Plan
• Greenland halibut 4RST: May 28 to December 31
• Skate/Monkfish 4R: July 15 to September 30
• White hake 3Pn: July 15 to September 30
• Winter flounder 4R
• 4Rd, c, b: July 15 to September 30
• Point Riche to Ferolle Point: July 15 to September 30
• Ferolle Point to Unfortunate Cove Point (Big Brook): July 15 to September 30
• Unfortunate Cove Point (Big Brook) to Cape Bauld: July 15 to September 30

Mobile gear season dates

• Redfish Unit 1¹: June 15 to October 31
• Witch flounder: May 15 to December 31

¹Due to mixing between Redfish in Units 1 and 2, NAFO Sub-Division 3Pn is part of Unit 1 from January 1 to May 31, and part of Unit 2 from June 1 to December 31.

6. Fishing gear

Fixed gear

Below is a table summarizing the fishing gear limits using fixed gear by species and area.  For complete details refer to the Groundfish General Licence Conditions and the Species Specific Licence Conditions.  When fishing any species of groundfish, the licence holder/operator is required to report any lost fishing gear as per Schedule 38 – Marine Mammals Interactions and Management.

Mobile gear

Below is a table summarizing the fishing gear limits using mobile gear by species and area.  For complete details refer to the Groundfish General Licence Conditions and the Species Specific Licence Conditions.

7. Licensing policy

1. The commercial fishery is guided by licensing policy which sets out requirements and eligibility criteria established by the Minister of DFO with respect to the licensing of commercial fishing and communal commercial fishing in the Newfoundland and Labrador Region.  The policies provide fish harvesters, Indigenous Organizations, and the Canadian public with a clear and consistent statement regarding DFO’s policy respecting commercial fishing enterprises, the registration of vessels, and the issuance of recreational and commercial fishing licences in the Newfoundland and Labrador Region.  The complete policy document can be found on DFO’s website.

8. Small fish and by-catch closure protocol

1. Areas will be closely monitored and may be closed to fishing when the number of undersized fish caught exceeds 15% of the total number of the directed species, or when by-catch levels become a conservation concern.
2. Closures due to small fish or by-catch will remain in effect for a minimum of 10 days. 
3. When a fishery is closed, it will not reopen until it can be effectively monitored and controlled.
4. If a fishery in a particular area is closed twice during the year, it may remain closed for the remainder of the year.
5. If a fishery is closed for the minimum 10-day period due to high by-catch levels or small fish, reopening will only be considered following a successful, observed, industry funded test fishery.

Small fish limits

• American Plaice: 30 cm
• Atlantic Halibut (4RST): 85 cm
• Atlantic Halibut (3Pn): 81 cm
• Cod: 43 cm
• Greenland Halibut: 44 cm
• Redfish: 22 cm
• White Hake: 45 cm
• Witch Flounder: 30 cm
• Winter Flounder: 25 cm

9. Monitoring and reporting

1. As per the Groundfish General Licence Conditions.
2. When fishing any species of groundfish in NAFO Divisions 4RST and/or Sub-Division 3Pn and at sea in excess of 24 hours duration, and/or when landing in ports outside the Newfoundland and Labrador Region, licence holders are required to report the round weight of all species caught on a daily basis no later than noon (12:00 hours local time). This information is to be faxed daily to 709-637-4476, submitted by phone to the DFO toll-free number 1-877-637-4315, or submitted by e-mail to hails65@dfo-mpo.gc.ca.
3. At-sea Observers: Unless otherwise stated, industry-funded observer coverage is required.
1. For Atlantic halibut, industry-funded at-sea observer program for all commercial fisheries will apply at a minimum of 10% for vessels less than 13.7 m (45 feet) and a minimum of 15% for vessels greater than 13.7 m (45 feet).
2. For all other groundfish species, industry-funded at-sea observer program for all commercial fixed gear fisheries at a level of 10% will apply.
3. For all other groundfish species, industry-funded at-sea observer program for all commercial mobile gear fisheries at a level of 30% will apply.

10. By-catch and incidental catch

1. As per the Groundfish General Licence Conditions.

11. Closed and defined areas

1. As per the Groundfish General Licence Conditions, refer to Schedule 34 - Closed and Defined Areas, and Schedule 36 – Closed Areas.
2. Protection of spawning fish:
• The protection of cod during the April 1 to June 23 spawning period is a priority that the Department and the industry consider very important for the reconstruction of the cod stock in the northern Gulf of Saint Lawrence.  The following conservation measure will apply:
• Closure of part of the NAFO Division 4R offshore from St. Georges Bay and Port au Port Bay to all groundfish fishing and all gear types from April 1 to June 23.  This cod spawning box is defined by straight lines drawn from the following coordinates:
  - 48 degrees 15’ North, 59 degrees 20’ west, to
  - 49 degrees 10’ North, 59 degrees 20’ west, to
  - 49 degrees 10’ North, 60 degrees 00’ west, to
  - 48 degrees 15’ North, 60 degrees 00’ west, to
  - 48 degrees 15’ North, 59 degrees 20’ west.

12. Species at Risk Act (SARA)

1. The following species are considered at risk and listed under the Species at Risk Act (SARA) as either Threatened or Endangered:
• Northern wolffish (Anarchichas denticulatus ) – listed as Threatened
• Spotted wolffish  (Anarchichas minor) – listed as Threatened
• Leatherback turtle (Dermochelys coriacea) – listed as Endangered
• White shark (Carcharodon carcharias), Atlantic population  – listed as Endangered

In accordance with subsection 83(4) of SARA and the recovery strategy for northern wolffish, spotted wolffish, and leatherback turtle, and having met the conditions of sections 73(2) to (6.1) of SARA for white shark, the licence holder or vessel operator is permitted to carry out commercial fishing activities authorized under the Fisheries Act that may incidentally kill, harm, harass, or capture these species.

During these fishing activities, incidental catches of these species must be returned to the place from which it was taken, and where it is alive, in a manner that causes the least harm.  The licence holder or vessel operator is also required to complete the SARA section in the fishing logbook to provide information regarding any interactions with these species.  Refer to the Groundfish General Licence Conditions for further information on these requirements.

13. Marine mammals

1. As per the Groundfish General licence conditions, refer to Schedule 38 - Marine Mammal Interactions and Management Measures.

14. Indigenous participations

1. Allocations will be negotiated with applicable Indigenous communities for food, social and ceremonial (FSC) purposes.  Communal licences for FSC and commercial access will be issued under the Aboriginal Communal Fishing Licence Regulations.

15. Safety at sea

1. Vessel owners and masters have a duty to ensure the safety of their crew and vessel.  Adherence to safety regulations and good practices by owners, masters and crew of fishing vessels will help save lives, protect the vessel from damage and protect the environment.  All fishing vessels must be in a seaworthy condition and maintained as required by Transport Canada and other applicable agencies.  Vessels subject to inspection should have a certificate of inspection valid for the area of intended operation.
2. In the federal government, responsibility for regulating shipping, navigation, and vessel safety lies with Transport Canada, while emergency response is the responsibility of the Canadian Coast Guard (CCG). DFO has responsibility for the management of fisheries resources, and in Newfoundland and Labrador, the provincial Workplace Health, Safety and Compensation Commission (WHSCC) has jurisdiction over health and safety issues in the workplace.
3. Before leaving on a voyage the owner, master or operator must ensure that the fishing vessel is capable of safely making the passage.  Critical factors for a safe voyage include:
1. seaworthiness of the vessel
2. vessel stability
3. having the required safety equipment in good working order
4. crew training
5. knowledge of current and forecasted weather conditions
4. Useful publications include Transport Canada’s Small Fishing Vessel Safety Manual which can be obtained from TC or printed from their website.
5. Fishing vessel safety includes three priority areas:
1. vessel stability
2. emergency drills
3. cold water immersion

Fishing vessel stability

6. Vessel stability is paramount for safety.  Care must be given to the stowage and securing of all cargo, skiffs, equipment, fuel containers and supplies, and also to correct ballasting. Fish harvesters must be familiar with their vessel’s centre of gravity, the effect of free surface liquids on stability, loose water or fish on deck, loading and unloading operations and the vessel’s freeboard.  Fish harvesters should know the limitations of their vessels. If unsure, the vessel operator should contact a qualified naval architect, marine surveyor or the local Transport Canada Marine Safety office.
7. Fishing vessel owners are required to develop detailed instructions addressing the limits of stability for each of their vessels.  The instructions must be based on a formal assessment of the vessel by a qualified naval architect and include detailed safe operation documentation. Instructions should be kept on board the vessel at all times.
8. Fishing vessel owners should also keep on-board detailed documentation on engine room procedures, maintenance schedules to ensure watertight integrity, and instructions for regular practice of emergency drills.

Emergency drill requirements

9. The vessel master must establish procedures and assign responsibilities to each crew member for emergencies such as crew member overboard, fire, flooding, abandoning ship and calling for help.
10. Since July 30, 2003, all crew members with more than six months at sea are required to have taken minimum Marine Emergency Duties (MED) training or be registered for such training.
11. MED provides a basic understanding of:
1. hazards associated with the marine environment
2. prevention of shipboard incidents (including fires)
3. raising and reacting to alarms
4. fire and abandonment situations
5. skills necessary for survival and rescue

Cold water immersion

12. Drowning is the number one cause of death in the fishing industry. Cold water is defined as water below 25 degrees Celsius, but the greatest effects occur below 15 degrees Celsius.  Newfoundland and Labrador waters are usually below 15 degrees.
13. The effects of cold water on the body occur in four stages:
1. cold shock
2. swimming failure
3. hypothermia
14. post-rescue collapse
    Vessel masters should know what to do to prevent themselves or their crew from falling into the water and what to do if that occurs. 

Other issues

Weather

15. Vessel owners and masters are reminded of the importance of paying close attention to current weather trends and forecasts during the voyage.  Marine weather information and forecasts can be obtained from Environment Canada’s website.

Emergency radio procedures

16. Vessel owners and masters should ensure that all crew are able to activate the Search and Rescue (SAR) system by contacting the Canadian Coast Guard (CCG) early rather than later.  It is strongly recommended that all fish harvesters carry a registered 406 MHz Emergency Position Indicating Radio Beacon (EPIRB). These beacons should be registered with Coast Guard’s National Search and Rescue secretariat. When activated, an EPIRB transmits a distress call that is picked up or relayed by satellites and transmitted via land earth stations to the Joint Rescue Co-ordination Centre (JRCC), which will task and co-ordinate rescue resources.
17. All crew members should know how to make a distress call and should obtain their restricted operator certificate from Innovation, Science and Economic Development Canada (formerly Industry Canada). Whenever possible, masters should contact the nearest Canadian Coast Guard (CCG) Marine Communications and Traffic Services (MCTS) station prior to a distress situation developing.  Correct radio procedures are important for communications in an emergency.  Incorrect or misunderstood communications may hinder a rescue response.
18. Since August 1, 2003, all commercial vessels greater than 20 metres in length are required to carry a Class D VHF Digital Selective Calling (DSC) radio. A registered DSC VHF radio has the capability to alert other DSC equipped vessels in the immediate area and advise Coast Guard MCTS that the vessel is in distress.  Masters should be aware that they should register their DSC radios with ISED Canada to obtain a Marine Mobile Services Identity (MMSI) number; otherwise the automatic distress calling feature of the radio may not work.
19. A DSC radio that is connected to a GPS unit will also automatically include the vessel’s current position in the distress message.  More detailed information on MCTS and DSC can be obtained by contacting a local MCTS center or from the Canadian Coast Guard.

Collison regulations

20. Fish harvesters should have a thorough knowledge of the Collision Regulations and the responsibilities between vessels where risk of collision exists.  Navigation lights must be kept in good working order and must be displayed from sunset to sunrise and during all times of restricted visibility. To help reduce the potential for collision or close quarters situations that may also result in the loss of fishing gear, fish harvesters are encouraged to monitor the appropriate local Vessel Traffic Services (VTS) VHF channel, when travelling or fishing near shipping lanes or other areas frequented by large commercial vessels.
21. Vessels required to participate in VTS include:
• every ship 20 metres or more in length
• every ship engaged in towing or pushing any vessel or object, other than fishing gear
• where the combined length of the ship and any vessel or object towed or pushed by the ship is 45 metres or more in length, or
• where the length of the vessel or object being towed or pushed by the ship is 20 metres or more in length
  Exceptions include:
• a ship towing or pushing inside a log booming ground
• a pleasure yacht less than 30 metres in length, and
• a fishing vessel that is less than 24 metres in length and not more than 150 tonnes gross
22. Additional information can be found on the Collision Regulations page. 

Sail plan

23. An important trip consideration is the use of a sail plan which includes the particulars of the vessel, crew and voyage. The sail plan should be left with a responsible person on shore or filed with the local MCTS centre. After leaving port the fish harvester should contact the holder of the sail plan daily or as per another schedule. The sail plan should ensure notification to JRCC when communication is not maintained which might indicate your vessel is in distress.  Be sure to cancel the sail plan upon completion of the voyage.