2024 Conservation harvesting plan (CHP) - NAFO Divisions 3NO: Groundfish fixed gear fleet

1. Eligibility

Participation in the NAFO Divisions 3NO fixed gear groundfish fishery will be restricted to inshore groundfish licence holders with vessels less than 27.4 metres (less than 90 feet) in length with a homeport in NAFO Divisions 2+3KLP4R

2. Fishing areas

This Conservation Harvesting Plan (CHP) governs the directed groundfish fishery for all vessels less than 27.4 m (less than 90 feet) in length in NAFO Divisions 3NO fishing the following species for the management cycle which runs annually from:

1. Skate: January 1 to December 31
2. Monkfish: April 1 to March 31
3. White hake: January 1 to December 31
4. Atlantic Halibut: April 1 to March 31

3. Fishing restrictions

1. You are not permitted to fish any area other than NAFO Divisions 3NO, unless an At-Sea Observer is onboard your vessel.
2. Fishing for White hake is not permitted in water depths of less than 137 metres (75 fathoms).
3. You may fish gillnets or hook and line (longline) gear but not both during the same fishing trip, unless you have an At-Sea Observer onboard your vessel.
4. All fishing gear must be returned to port with the vessel at the end of the fishing trip. In the event that the vessel develops mechanical trouble and has to return to port without retrieving all of the fishing gear, arrangements must be made to have the fishing gear retrieved within 3 days. You will be responsible for paying the full cost of an At-Sea Observer who will be deployed on the vessel while it is retrieving the gear.

4. Catch limitations

1. The maximum amount of skate that can be landed during any one fishing trip is 18,371 kg (40,500 lbs) round weight (6,304 kg / 15,000 lbs of wings).
2. The maximum amount of monkfish that can be landed during any one fishing trip is 49,896 kg (110,000 lbs) round weight (41,580 kg / 91,667 lbs HOG).
3. A pre-cautionary fleet harvesting cap for monkfish is set at 1,588 tonnes (3,500,000 lbs) round weight annually.
4. The directed Atlantic Halibut fishery will close once the estimated catch reaches 75% of the fleet allocation. Subsequent to closure, a review will be conducted to determine the proportion of remaining fleet allocation that will be used to cover incidental catch of Atlantic Halibut in other directed fisheries. In the event that the remaining fleet allocation is not fully utilized as incidental catch, the Department will consider requests to carry forward the remaining allocation to the following management cycle subject to carry forward guidelines for this species.

5. Season

The opening dates for all groundfish fisheries in NAFO Divisions 3NO will be set in consultation with industry.

6. Fishing gear

1. When directing for skate and/or monkfish using gillnets, the minimum mesh size permitted is 305 mm (12 inches). The maximum number of gillnets permitted is 300.
2. When directing for white hake using gillnets, the minimum mesh size permitted is 152 mm (6 inches) and the maximum mesh size is 178 mm (7 inches). The maximum number of gillnets is permitted is 100.
3. When fishing white hake in combination with skate and monkfish, the maximum number of gillnets that can be fished at any one time is limited to 300. The number of white hake gillnets limited to 100.
4. Directed fishing for Atlantic halibut shall be with hook and line (longline) gear only. The number of hooks used in the directed Atlantic halibut hook and line (longline) fishery is not restricted. You are not permitted to fish with, or have on board your vessel, hooks that have a gape opening less than 15.4 mm. Gape opening is defined as the distance between the point and shank of a hook.

7. Reporting and monitoring

1. As per the Groundfish General Licence Conditions.
2. Industry-funded At-Sea Observer coverage is required for the NAFO Divisions 3NO skate, monkfish, white hake and Atlantic halibut fisheries.
3. 100% self-funded At-Sea Observer coverage will be required for all vessels fishing gillnets before May 15th and for the first trip conducted by new entrants to the fishery. A new entrant is defined as a licence holder who did not fish NAFO Divisions 3NO Atlantic halibut, white hake, skate or monkfish during the previous 5 years.
   During the first fishing trip, the new entrant must complete a minimum of three full fishing days of setting and hauling of a minimum of 100 gillnets or 1,000 hooks in order to satisfy the requirement of a 100% self-funded observed trip. If three full fishing days with the gear amounts required are not completed, the licence holder shall take a 100% self- funded At-Sea Observer for the second and all subsequent trips to complete the balance of three full fishing days.
4. To assess the level of incidental catch on particular fishing grounds, a test fishery will be conducted by the new entrant licence holder during the first trip to NAFO Divisions 3NO for any groundfish species using fixed gear, in accordance with the following:
   1. Test fisheries will be conducted on the first fishing day of the trip and on the first fishing day of each different fishing location during the trip. A different fishing location is defined as a change in depth of 91 m (50 fathoms) or a change of fishing position of 19 km (10 nautical miles).
   2. The test fishery will consist of setting and retrieving 10 gillnets or 100 hooks. Test gillnets must stay in the water (soak) for a minimum of six (6) hours before retrieval. Test hook and line gear (longlines) must stay in the water (soak) a minimum of three (3) hours before retrieval.
   3. If the incidental catch of non-directed species is within the limits established in licence conditions, the remainder of the fishing gear may be set in the location of your test fishery.
   4. If the incidental catch of non-directed species exceeds established limits, the vessel shall move to a different fishing location and conduct a second test fishery. Should the second test fishery be unsuccessful, the licenced vessel shall move to a third (different) fishing location to conduct a third test fishery. Should the third test fishery be unsuccessful, the vessel will retrieve all fishing gear and immediately return to port and cease fishing for the remainder of the management plan season. New entrant harvesters have the option to share an observed trip as per licence conditions.
5. With the exception of the above, random At-Sea Observer coverage will apply.
6. For the directed hook and line (longline) fishery, 100% self -funded At-Sea Observer coverage will be required as part of a separate test fishery permit program until such time as the fleet can demonstrate successful compliance with incidental catch limits.
7. When fishing any species of groundfish in NAFO Divisions 3NO, all licence holders are required to report the round weight of all species caught each day in a daily hail to DFO, as described in Schedule 16, which must be attached to validate your licence. This information shall be e-mailed daily to DFO.Hails65-Rapport65.MPO@dfo-mpo.gc.ca.

8. By-catch and incidential restrictions

1. As per the Groundfish General Licence Conditions.
2. If incidental catches exceed limits established in licence conditions, a higher level of At-Sea Observer coverage will be implemented. In addition, new management measures may apply.
3. Where there are other widespread incidental catch problems, an entire area may be closed to the fleet sector.

9. 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 policy provides 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.

10. 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.

11. Marine mammals

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

12. Marine conservation targets: closed areas

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

13. 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.

14. 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.)

Fishing vessel 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 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.