2024-25 Conservation Harvesting Plan - NAFO Sub-Division 3Ps
Groundfish Fixed Gear Vessels less than 27.4 metres (90ft.)

Contents

1. Eligibility
2. Fishing areas
3. Fishing restrictions
4. Catch limits
5. Season
6. Fishing gear
7. Licensing policy
8. Small fish and by-catch closure protocol
9. Monitoring and reporting
10. By-catch and incidental catch
11. Closed and defined areas
12. Species at Risk Act (SARA)
13. Marine mammals
14. Indigenous participation
15. Safety at sea

1. Eligibility

Participation in the directed fixed gear groundfish fishery will be restricted to groundfish licence holders with a homeport in NAFO Sub-Division 3Ps, and those with overlap privileges with a homeport in NAFO Divisions 3KL, or Sub-Division 3Pn.

2. Fishing areas

1. This Conservation Harvesting Plan (CHP) governs the directed fishery for all vessels less than 27.4 metres (m) (90 feet) in length, regardless of homeport, fishing groundfish in NAFO Sub-Division 3Ps using fixed gear, and is in effect for the management cycle which runs from April 1 to March 31 annually.
2. The area of 3Ps SOUTH of a straight line joining the following points is referred to as the “offshore area” and consists of Sub-Division 3Ps units (d), (e), (f), (g) and (h), which are defined in Schedule 34 and attached to licence holders’ Groundfish General Licence Conditions..
3. The area of 3Ps NORTH of the line above is referred to as the “inshore area” and consists of Sub-Division 3Ps units (a), (b) and (c), which are defined in Schedule 34 and attached to licence holders’ Groundfish General Licence Conditions.
4. The coordinates of fishing area 10 and Sub-Division 3Ps units (a)-(h) are specified in Schedule 34 and attached to licence holders’ Groundfish General Licence Conditions.

3. Fishing restrictions

1. This CHP applies to the following species:
   • Atlantic halibut
   • Cod
   • Greenland halibut (Turbot)
   • Monkfish
   • Redfish
   • Skate
   • White hake
   • Winter flounder (Blackback)
2. 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.
3. Once the amount of cod in the fish harvester’s Individual Quota (IQ) has been taken, from any fishery whether directed or by-catch, the fish harvester must cease fishing for all species of groundfish in NAFO Sub-Division 3Ps for the remainder of the management period (to March 31).
4. In the offshore area of NAFO Sub-Division 3Ps, defined as units (d) to (h), when fishing any species of groundfish except Greenland halibut and skate/monkfish, all fishing gear must be returned to port with the vessel at the end of the fishing trip.
5. The licence holder/operator is not permitted to fish in the French Maritime Area around Saint-Pierre and Miquelon unless a licence has been issued by France, and Fisheries and Oceans Canada (DFO) has authorized the licence holder/operator to conduct the fishing activity in the French Maritime area.

3.1 Atlantic Halibut

1. Whether a directed fishery will be permitted is to be determined in consultation with FFAW/Industry on an annual basis.
2. When it is decided that directed fishing can occur, fishing is only authorized in water depths greater than 91.44 m (50 fathoms).¹
3. When it is decided that directed fishing can occur, fishing is only authorized in that portion of NAFO Sub-Division 3Ps units (a) and (b) west of Boxey Point (47 degrees 24.3’ N, 55 degrees 35’ W) in Fortune Bay.²
4. In an effort to reserve a portion of the <65’ fixed gear fleet allocation for the fall period, as total landings by this fleet approaches 70% of its fleet allocation, the Department will consult with stakeholders on temporarily closing the directed 3Ps Atlantic halibut fishery to that fleet and re-open in the fall. During this temporary closure, bycatch retention of Atlantic halibut in 3Ps by the fleet for all other fisheries will not be authorized.^1,2

^{1, 2} In consultation with FFAW/industry, the Department has decided to permit a directed Atlantic halibut fishery during the 2024-25 season. As part of this decision, directed fishing for Atlantic halibut will be authorized in NAFO Sub-Division 3Ps, including east of Boxey Point and in water depths less than 91.44 m (50 fathoms).

3.2 Greenland halibut (turbot)

Fishing is not authorized in water depths less than 183 m (100 fathoms)

3.3 Redfish

1. Fishing is only authorized in NAFO Sub-Division 3Ps units (a) and (b).
2. Fishing is authorized in water depths greater than 183 m (100 fathoms)

3.4 Skate/Monkfish

Fishing is only authorized in water outside of 19 km of land unless the licence holder’s registered vessel eligibility is less than 12.2 m (40 feet) in length.

3.5 White Hake

1. Fishing is not authorized in NAFO Sub-Division 3Ps unit (c).
2. Fishing is only authorized in water depths greater than 137 m (75 fathoms).

3.6 Winter Flounder (Blackback)

1. Fishing is only authorized in NAFO Sub-Division 3Ps units (a), (b) and (c).
2. Fishing is only authorized in water depths less than 55 m (30 fathoms).

3.7 Atlantic Cod

1. For those licence holders with a cod Individual Quota (IQ), all cod caught from any fishery, whether directed catch or by-catch, will be charged against the IQ for that licence.
2. Fish harvesters are not authorized to fish cod in two NAFO Divisions or Sub-Divisions (e.g. 3Ps, 3Pn or 3KL) during the same fishing trip or on the same day.
3. NAFO Divisions 3KL Overlap Vessels and NAFO Sub-Division 3Ps Equivalents are not permitted to direct for cod and are restricted to by-catch only while the TAC remains below 15,000 t, as per the Hearn Report. Overlaps are defined as those having access to NAFO Sub-Division 3Ps and fishing against an allocation for the particular fleet sector. Equivalents are defined as those having access to NAFO Sub-Division 3Ps and fishing against the same allocation as the resident NAFO Sub-Division 3Ps fleet sector.
4. Groundfish licence holders in NAFO Divisions 3KL will have the option to exercise their fishing privileges in 3Ps, or participate in the 2J3KL Stewardship cod fishery, but not both.
5. Inner St. Mary’s Bay overlap vessels are restricted to fishing within Area 29, which is that portion of Area 10 (as defined in Schedule 34 attached to the Groundfish General Licence Conditions) south of the area defined by straight lines joining the following points:
   • 47 degrees 27.1’ N, 53 degrees 56’ W
   • 47 degrees 21.5’ N, 54 degrees 11.5’ W
   • 46 degrees 52.2’ N, 54 degrees 42’ W
   • 46 degrees 56’ N, 55 degrees 14.3’ W

4. Catch limits

1. Quota Reconciliation : Nominal quota over-runs from the previous year’s fisheries will be deducted from the current year’s quota prior to the start of the fishing season. This is done on an individual basis where there are IQs in place or for the fleet sector in competitive fisheries.
2. Atlantic Cod : In consultation with the FFAW and fleet sector representatives, the management approach for 3Ps cod for the 2024-25 management period includes the following elements:
   • IQs for the 3Ps-based and overlap and equivalent licence holders will be maintained at the same levels established for these licence holders in 2023-24, with the exception of the Area 10 (Placentia Bay) <25’ and 25’- <35’fleets, in which the IQs for these licence holders will be increased by 10 per cent. The resulting IQs for each fleet are specified below.
   • To account for a high level of inactivity in the inshore fixed-gear sector and to promote greater utilization of its available 3Ps cod quota, the IQs do not reflect an equal share of the current inshore fixed-gear fleet allocations within the sector and are instead over-allocated. As a result, IQs are not guaranteed and the ability for a licence holder to fish their cod IQ is subject to available fleet allocation.
   • The 3Ps cod fishery may close to individual inshore fixed-gear fleets prior to the season end date if the respective fleet allocation is taken. If an individual fleet in the inshore fixed-gear sector approaches its respective fleet allocation, the sector’s landings will be assessed to determine if any flexibility exists for quota to be reallocated between the fleets within the sector. A decision in this regard will be made in consultation with the FFAW and fleet sector representatives. The fishery will close to the entire inshore fixed gear sector when the sector’s allocation is taken, regardless of whether the IQs are taken.
   • In an effort to reserve a portion of the Area 10 (Placentia Bay) <35’ fleet allocation for the fall period, as total landings by this fleet approaches 60% of its allocation, the Department will consult with the FFAW and fleet sector representatives on temporarily closing the directed 3Ps cod fishery to that fleet and re-opening in the fall.

Cod reallocation program

The cod reallocation program will remain suspended for the 2024-25 fishing season.

This program was established from 2013-14 to 2019-20 given the large annual percentage of unutilized cod quota within the inshore fixed-gear fleet sector. Under the program, 3Ps-based inshore fixed-gear groundfish licence holders were eligible for one full allocation once 75% of their original IQ was taken. It included possible suspension of further reallocations to licence holders within a 3Ps-based fleet once 75% of the fleet allocation had been reached. The cod reallocation program has been suspended since the 2020-21 season.

5. Season

• Atlantic Halibut:
  • Mid-May^1,2 to March 31³
• Greenland Halibut (turbot):
  • Mid-May^1,2 to March 31
• Redfish:
  • 3Ps portion of Unit 2: July 1 to March 31
  • Spawning closure from April 1 to June 30 in all areas of 3Ps
• Skate/Monkfish:
  • April 1^1,2 to March 31.
• White Hake:
  • Mid-May^1,2 to March 31
• Winter Flounder (blackback):
  • Mid-May^1,2 to March 31
• Atlantic Cod - 3Ps Based and Branch to Point Lance Based (3L):
  • Inshore areas 3Ps (b), (c) and Offshore 3Ps (f), (g),(h): mid-May^1,2 to February 28.⁴
  • 3Ps (a),(d), and (e):  mid-May^1,2 to November 15.⁵
• Atlantic Cod (Inner St. Mary’s Bay Overlap vessels):
  • September 1 to December 15

¹ Specific opening date determined annually in consultation with the FFAW/industry

² Opening may be delayed or staggered due to the DFO research vessel science survey

³As outlined in section 3.1, a directed fishery will be permitted during the 2024-25 season. Allocation used to cover catch in the directed fishery and by-catch in other groundfish fisheries.

⁴All areas - spawning closure March 1 to Mid-May^1,2

⁵Closure beginning November 15th to protect Northern Gulf Cod that are mixing with 3Ps Cod.  3Ps(a) remains open to resident 3Ps (a) and (b) fishers until February 28th

6. Fishing gear

Below is a table summarizing the fishing gear limits 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.

7. Licensing policy

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

9. Monitoring and reporting

1. As per the Groundfish General Licence Conditions.
2. At-Sea Observers: Unless otherwise stated, industry-funded observer coverage is required. The target level of coverage is 5% of the fleet sector.
3. Satellite transponders will be required onboard vessels when requested by DFO.

10. By-catch and incidental catch

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

11. Closed and defined areas

As per the Groundfish General Licence Conditions, refer to Schedule 34 - Closed and Defined Areas, and Schedule 36 – Closed Areas.

The Laurentian Channel Marine Protected Area falls within NAFO Division 3P. Commercial fishing is prohibited within the boundaries of the MPA.

12. 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. Refer to the Groundfish General Licence Conditions for further information on these requirements.

13. Marine mammals

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

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 Safety, and the safety of crew members, falls under the mandate of Transport Canada Safety and Security (TCMSS). The Canada Shipping Act 2001, associated regulations, policies, and programs outline the requirements and obligations.
2. Vessel owners have an obligation under the Canada Shipping Act 2001 to ensure compliance with all applicable requirements. This obligation is extended to vessel operators to ensure the requirements of the Fishing Vessel Safety Regulations are adhered to.
3. Before leaving port, vessel owners are required to ensure the vessel is designed, constructed, and equipped to operate safely and be seaworthy in its area of operation. This would include such things as:
   • Any modifications made to the vessel need to be done in accordance with standards and verification available if requested. Vessel stability may also need to be verified to include any modifications made.
   • Hatches, doors, and windows watertightness (gaskets, dents, and damage),
   • Underwater penetrations are in good order (not degraded or rusted),
   • Required safety equipment is onboard and valid (not expired),
   • Navigation lights are fitted and in good working order (working bulbs and fixtures are not blocked)
   • Etc.
4. Owners and operators are also required to ensure all certificates required, are up to date and valid prior to sailing. These certificates include:
   • Vessel Inspection Safety Certificate (if vessel is over 15GT)
   • Crew Certificates (Marine Emergency Duties, Radio Certificate, Nautical Certificates, etc.)

Stability

5. Stability is important and has been found to be a contributing factor to incidents in the past. Vessels built after July 13th, 2018, are required to have a stability assessment completed and onboard. Vessels built prior to July 13th, 2108, are required to have adequate stability and owners may need to provide verification of adequate stability if requested.
6. Vessel crews should ensure weights are kept as low as possible and any water onboard is able to be shed overboard through pumps or freeing ports. Vessels with fluid catches should prevent excessive movement of the catch with subdivisions or totes, etc. Any deck equipment should be stacked and secured, keeping as low a center of gravity as possible in mind.Vessel crews should ensure weights are kept as low as possible and any water onboard is able to be shed overboard through pumps or freeing ports. Vessels with fluid catches should prevent excessive movement of the catch with subdivisions or totes, etc. Any deck equipment should be stacked and secured, keeping as low a center of gravity as possible in mind.

Emergency procedures and drills

7. Since 2017 fishing vessels have been required to have written safety procedures onboard. This includes, for example:
   • person overboard
   • fire overboard
   • abandoned ship
   • pollution
   • any other procedures deemed necessary
8. These procedures are specific to the vessel, the operation, and the numbers of crew members onboard. Each vessel is different so as crew members change vessels, the owner and operator are required to ensure the crew is familiar with the vessel’s layout and safety equipment placement and use, so they are aware of their duties in an emergency. Drills should be conducted as often as necessary to ensure each crew members are familiar with the vessel’s safety procedures. Every time a new crew member comes onboard, a review of the safety procedures followed by drills should take place. Existing crew members should conduct drills several times a year to remain proficie
9. Should a vessel be found to not have written emergency procedures onboard, they will be detained and prevented from sailing until such time as the procedures are onboard and the crew can demonstrate proficiency.

Safety equipment

10. Vessel safety equipment from the Fishing Vessel Safety Regulations is based on hull length and the vessels voyage (longer vessels going further offshore require more safety equipment).
11. A vessels hull length is the longest length from stem to transom including parts which are permanently fixed to the vessel and extend beyond the stem or transom such as
    • fixed spars
    • bowspirits
    • pulpits, or
    • deck extensions
12. Hull Length excludes:
    • outboard motors, and
    • any other type of equipment that can be detached with the use of hand tools

Personal flotation devices (PFDs)

13. PFDs are to be worn when there is a risk of drowning (Jeopardizing safety). The Master is to determine when there is a risk of drowning and inform the crew to wear a PFD.
14. PFDs for fishing vessels must be Transport Canada Approved and be;
    • of a highly visible color
    • fitted with retro-reflective tape, and
    • fitted with a whistle
15. Owners and operators are to be aware that requirements for the usage and wear of PFDs is regulated by both the Provincial OHS and Federally Transport Canada Marine Safety and Security. Please check your provincial requirements to ensure all applicable requirements are followed.

Links

• Canada Shipping Act 2001 - (PDF version)
• Fishing Vessel Safety Regulations - (PDF version)
• Transport Canada Centers - Atlantic Region