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

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 accidental 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 mobile 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 (90') in length, regardless of homeport, fishing groundfish in NAFO Sub-Division 3Ps using mobile gear, and is in effect for the management cycle which runs from April 1 to March 31 annually.
2. The area of NAFO Sub-Division 3Ps SOUTH of a straight line joining the following points is referred to as the "offshore area" and consists of 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 NAFO Sub-Division 3Ps NORTH of the line above is referred to as the "inshore area" and consists of 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 3Ps units (a)-(h) are outlined in Schedule 34 and attached to licence holders' Groundfish General Licence Conditions.

3. Fishing restrictions

1. This CHP applies to the following species:
   • Cod
   • Redfish
   • Skate
   • Witch Flounder (Greysole)
2. A "fishing trip" is defined as starting from the time the vessel leaves port and ending when it returns to port, whether or not any fish has been caught.
3. Except when fishing redfish and Witch flounder, the use of mobile fishing gear is prohibited in the inshore area (NAFO Sub-Division 3Ps units (a), (b), and (c)) as defined in Schedule 34 and attached to licence holders' Groundfish General Licence Conditions.
4. The water in which fishing for redfish is authorized is redfish area Unit 2 in that part of NAFO Sub-Division 3Ps outside of the territorial sea (12 nautical miles) from the nearest point of land and in that portion of NAFO Sub-Division 3Pn outside the 100 fathom edge defined by using the following points:
   • 47°37'00"N, 59°18'12"W
   • 47°35'45"N, 59°20'00"W
   • 47°33'30"N, 59°17'00"W
   • 47°30'15"N, 59°10'30"W
   • 47°28'30"N, 59°01'00"W
   • 47°23'30"N, 59°48'00"W
   • 47°26'30"N, 59°25'00"W
   • 47°38'25"N, 59°26'45"W
5. Fishing is not authorized in Placentia Bay inside a straight line drawn from Cape St. Mary's (46°49'N, 54°12'W) to Ferryland Head (46°52'N, 55°23'W).
6. Fishing is not authorized in Fortune Bay inside a line drawn from Cape la Hune to Point Crewe following the points in the order listed below:
   • 47°31'36"N, 56°52'36"W
   • 47°21'54"N, 56°29'40"W
   • 47°18'19"N, 56°15'18"W
   • 47°06'02"N, 56°06'18"W
   • 46°54'54"N, 55°58'42"W
7. For those licence holders with a cod Individual Quota (IQ) or harvesting CAP, all cod caught from any fishery, whether directed catch or by-catch, will be charged against the IQ or harvesting CAP for that licence.
8. When a licence holder has caught their cod IQ or harvesting CAP, either from directed catch or by-catch, they must cease fishing for all species of groundfish in 3Ps for the remainder of the management period year (to March 31).
9. 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.

4. Catch limits

Quota Reconciliation

1. Any over-run in the Danish seine fleet allocation of Witch flounder (greysole) will be reconciled by uncaught quota from the Witch flounder (greysole) allocations in the mobile gear fleet based in 3Ps and 3Pn and/or fixed gear fleet based in 3Ps. If there is insufficient uncaught quota in these allocations to compensate for the overrun, the Danish seine fleet allocation will be reconciled for the balance in the following year.
2. Nominal quota over-runs from the previous year's cod and redfish fisheries will be deducted from the current year's quota prior to the start of the fishing season.

5. Season

The season end dates in the table below are subject to change based on available quota.

• Redfish
  • 3Ps(a)(b)(c)(e)(f)(g)(h) portion of Unit 2: July 1 to March 31
    • Spawning closure from April 1 to June 30 in all areas
  • 3Ps(d) July 1 to November 15
    • Closed to protect Gulf of St. Lawrence cod that are mixing with 3Ps cod. This closure will be reviewed annually and implemented as necessary
  • 3Pn portion of Unit 2: July 15 to October 15
    • Redfish mixing closure to protect redfish in the Gulf of St. Lawrence
• Skate: April 1 to March 31
• Witch Flounder (greysole): April 1 to March 31
• Atlantic Cod - Spawning closure March 1 to Mid-May all fleets^1,2
  • 3Ps based mobile gear fleet³
    • 3Ps(f)(g)(h) - Mid-May to Feb 28
    • 3Ps(d)(e) - Mid-May to November 15
  • Other mobile gear (4R3Pn-based) fleets³
    • 3Ps(f)(g)(h) - July 1 to Feb 28
    • 3Ps(d)(e) - Mid-May to November 15

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

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

³Closes November 15th to protect Gulf of St. Lawrence cod that are mixing with 3Ps cod

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 observer 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 species specific 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. 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. Please 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 13, 2018, are required to have a stability assessment completed and onboard. Vessels built prior to July 13, 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.

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 onboard;
• 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 proficient.
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 vessel’s 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;
• bowsprits;
• 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. 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 higly 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