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2024 Conservation Harvesting Plan (CHP) - NAFO Divisions 2J3KLP4R: lumpfish fishery

1. Eligibility

Participation in the fixed gear lumpfish fishery will be restricted to groundfish licence holders with vessels <19.8 m (65 feet) in length with a homeport in NAFO Divisions 2J3KLP4R.

2. Fishing areas

This Conservation Harvesting Plan (CHP) governs the directed lumpfish fishery for all vessels <19.8 m in length, regardless of homeport, fishing in NAFO Divisions 2J3KLP4R.

3. Fishing restrictions

  1. Fishing is only authorized in water depths less than 46 meters (25 fathoms).
  2. Fish harvesters are restricted to the lumpfish area of their homeport, unless they elect to fish in an alternate area as per lumpfish areas in Schedule 13, attached to the Groundfish General Licence Conditions and in the table below (Annex 1).
  3. Fish harvesters are permitted to change lumpfish areas only ONCE each year.
  4. If a fish harvester wishes to fish in a lumpfish area other than their homeport, they must contact the DFO Licensing Center PRIOR to the opening of the season in their homeport area, and prior to the opening date of the area they intend to fish. Completion and submission of Schedule 14 is necessary to make this change.
  5. A fishing trip will start from the time the fish harvester leaves port, and will end when the fish harvester returns to port for any reason, whether or not any fish is caught.

4. Season

Opening dates are determined annually in consultation with the FFAW/industry, and vary for each area. Generally openings begin in mid-May and run for a maximum of 7 weeks. Season dates may be subject to in-season adjustments due to ice conditions.

5. Fishing gear

  1. As per the Groundfish General Licence Conditions, and species specific licence conditions.
  2. The maximum number of gillnets permitted to be fished is 50 and each gillnet is not to exceed 91.44 m (50 fathoms) in length.
  3. The only gear permitted to be used is a gillnet having a minimum mesh size of 268 mm (10.5 inches).

6. 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.

7. Monitoring and reporting

  1. As per the Groundfish General Licence Conditions.
  2. Industry-funded at-sea observer coverage is required. The targeted level of observer coverage will be 5% of the fleet sector.
  3. Although lumpfish landings are not subject to dockside monitoring requirements, 100% of groundfish by-catch landed in the directed lumpfish fishery is subject to comprehensive Dockside Monitoring Program (DMP). Fishers are required to contact a certified Dockside Monitoring Company to report any landings of groundfish by-catch, and a dockside observer may be deployed to monitor the offloading, or an authorization number will be provided to the fisher.

8. By-catch and incidental catch

  1. As per the Groundfish General Licence Conditions.
  2. If a fishery is closed due to by-catch, it will not reopen until it can be effectively monitored and controlled.
  3. Closures will be in effect for a minimum of 10 days.
  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. A successful, observed, industry funded test fishery is required to:
    1. consider a re-opening of a fishery that is closed for the minimum 10-day period due to high by-catch levels
    2. consider an opening of the fishery for the following areas:
      • Cape Ray to Johnson’s Cove
      • Johnson’s Cove to Cape St. George
      • Cape St. George to Cape St. Gregory
      • Cape St. Gregory to Point Riche
  6. Where test fishing is conducted, a fishing plan will be developed which will include:
    1. areas to be tested
    2. quantity of gear to be used
    3. depth strata to be tested
    4. vessels to be used
    5. dates when test fishing will be carried out
    6. provision for at-sea observer coverage
  7. Test fishing will not commence until the fishing plan has been approved by DFO.

9. 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:

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.

10. Marine mammals

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

11. 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:
  4. Owners and operators are also required to ensure all certificates required, are up to date and valid prior to sailing. These certificates include:

Fishing vessel stability

  1. 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.
  2. 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

  1. Since 2017 fishing vessels have been required to have written safety procedures onboard. This includes, for example:
  2. 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.
  3. 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

  1. 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).
  2. 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:
  3. Hull Length excludes:

Personal Flotation Devices (PFDs)

  1. 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.
  2. PFDs for fishing vessels must be Transport Canada Approved and be:
  3. 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.

Annex 1: Lumpfish fishing areas

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