2023 Conservation Harvesting Plan (CHP) NAFO Area 2 + Divisions 3KLMNO groundfish fishery mobile gear fleet

1. Eligibility

Participation in the NAFO Area 2 + Divisions 3KLMNO mobile gear groundfish fishery is restricted to inshore groundfish licence holders with vessels <27.4 meters (90 feet), with a homeport in NAFO Divisions 2GHJ3KL.

2. Fishing areas

This Conservation Harvesting Plan (CHP) governs the directed mobile gear groundfish fishery in NAFO Area 2 + Divisions 3KLMNO for the NAFO management cycle which runs from January 1 to December 31 annually.

3. Fishing restrictions

This CHP applies to the following species:

• 2+3KLMNO Greenland halibut (Turbot)
• 3O Redfish
• 3LNO Skate

As per the Groundfish General Licence Conditions and species specific licence conditions.

4. Catch limitations

1. The NAFO Area 2 + Divisions 3KLMNO Greenland halibut quota will be allocated according to a priority list created from a random draw of eligible fishers. The first three fishers will be assigned a permit which shall include a catch limit of one third the mobile gear allocation in NAFO Divisions 2+3K, and one third the mobile gear allocation in NAFO Divisions 3LMNO.
2. Harvesters will be allowed to harvest the NAFO Divisions 3LMNO quota portion in NAFO Divisions 2GHJ3K.
3. Each permit will be for a 2 week duration, starting on the opening date.
4. Following the 2 week period, the remaining quota will be assessed and additional permits may be issued, until the quota is taken.
5. For each eligible fisher, the initial 2 week permit may be extended if fishing activity has commenced within that initial two week period.
6. If a fisher has not started to actively fish their permit prior to their permit expiring, they will not be issued a second permit. A permit will be issued by Fisheries and Oceans Canada to the next eligible fisher on the list.
7. In order to participate in a draw for permits, the following eligibility criteria must be met
   1. Fishers should only apply for a permit if they intend to actively fish the permit.
   2. Vessel must be capable of fishing in water depths greater than 548 m (300 fathoms).
   3. Fishers must be prepared to fish within 2 weeks of the fishery opening date.
   4. Fishers designated as ‘Fisher B’ in a “Buddy- up” arrangement are not eligible to apply.
   5. No vessel transfers or vessel leasing is permitted.
8. Quota Reconciliation
   Nominal quota over-runs from the previous year’s fishery will be deducted from the current year’s quota prior to the start of the fishing season.

5. Season

Notes:

1. If ice conditions warrant the opening date will be reviewed.

6. Fishing gear

As per the species specific licence conditions.

7. Licensing policy

The commercial fishery is guided by licensing policy which sets out requirements and eligibility criteria established by the Minister of Fisheries and Oceans Canada with respect to the licensing of commercial fishing and communal commercial fishing in the Newfoundland and Labrador Region. The policies provide fish harvesters, Aboriginal Organizations, and the Canadian public with a clear and consistent statement regarding the Fisheries and Oceans Canada’s (DFO) policy respecting commercial fishing enterprises, the registration of vessels, and the issuance of recreational and commercial fishing licences in the Newfoundland and Labrador Region.

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 incidental catch levels or small fish, reopening will only be considered following a successful, observed, industry funded test fishery.

9. Monitoring and reporting

As per the Groundfish General Licence Conditions and species specific licence conditions.

10. By-catch and incidental catch

As per the Groundfish General Licence Conditions.

11. Species at Risk Act (SARA)

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 a 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. Please refer to the Groundfish General Licence Conditions for further information on these requirements.

12. Marine mammals

As per the Groundfish General Licence Conditions, refer to Schedule 38 - Marine Mammal Interactions and Management Measures.

13. Marine conservation targets: closed areas

As per Schedule 36 – Closed Areas which is attached to the Groundfish General Licence Conditions.

14. Indigenous participation

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
    4. 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

14. 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

15. 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.
16. 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 an emergency.  Incorrect or misunderstood communications may hinder a rescue response.
17. 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.
18. 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

19. 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.
20. 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

21. Additional information can be found on the Collision Regulations page.

Sail plan

22. 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.