Rebuilding plan for Atlantic cod - NAFO Division 4X5Y

Foreword

Fisheries and Oceans Canada (DFO) has developed A Fisheries Decision-Making Framework Incorporating the Precautionary Approach (PA Framework) under the auspices of the Sustainable Fisheries Framework. It outlines the departmental methodology for applying the precautionary approach (PA) to Canadian fisheries. A key component of the PA Framework requires that when a stock has reached or fallen below a limit reference point (LRP), a rebuilding plan must be in place with the aim of having a high probability of the stock growing above the LRP within a reasonable timeframe.

The purpose of this rebuilding plan is to identify the main objectives and requirements for Atlantic cod in NAFO division 4X5Y, as well as the management measures that will be used to achieve these objectives. This document also serves to communicate the basic information on 4X5Y Atlantic cod and its management to Fisheries and Oceans Canada (DFO) staff, Indigenous groups, and other fishery interests. This plan provides a common understanding of the basic rules for rebuilding this stock. The objectives and measures outlined in this plan are applicable as long as 4X5Y Atlantic cod is below the LRP. Management measures outlined in this rebuilding plan are mandatory, and may be modified to include additional catch restrictions if they fail to result in stock rebuilding.

This rebuilding plan is not a legally binding instrument which can form the basis of a legal challenge. The plan can be modified at any time and does not fetter the Minister's discretionary powers set out in the Fisheries Act. The Minister can, for reasons of conservation or for any other valid reasons, modify any provision of the rebuilding plan in accordance with the powers granted pursuant to the Fisheries Act.

Jacinta Berthier, Regional Director
Fisheries Management, Maritimes Region

Preamble

In 2017, a new 4VWX5 Groundfish Integrated Fisheries Management Plan (IFMP) was developed by DFO and the Scotia-Fundy Groundfish Advisory Committee (SFGAC). Information that pertains to the mixed groundfish fishery, which includes Atlantic cod, can be found in the IFMP and is referenced throughout this document.

The first version of this rebuilding plan for the 4X5Y Atlantic cod stock was published in 2018. A new scientific assessment for the Atlantic cod stock in the Canadian portions of NAFO Divisions 4X5Y was completed in 2018. The current version of this rebuilding plan has been updated based on results of the 2018 assessment.

Outcomes from the application of this plan will be reviewed periodically to determine if changes to the plan might be required, and this rebuilding plan will be reviewed and revised as needed.

1. Biological synopsis

Atlantic cod is a bottom dwelling North Atlantic fish that ranges from Georges Bank to Northern Labrador in the Canadian Atlantic, including the southern Scotian Shelf and Bay of Fundy management unit (4X5Y) (Figure 1). Some notable shifts in distribution within the management unit have occurred throughout the 2000s, with cod receding into the deeper waters at the mouth of the Bay of Fundy and concentrating on the banks of the Scotian Shelf in recent years (DFO 2019).

Although assessed as a single unit since 1985, growth differences are evident within the unit, with cod from the Bay of Fundy exhibiting a higher growth rate than those found along the Scotian Shelf (DFO 2019). The stock has undergone constant truncations in age structure, with very few fish older than age 6 caught in either the DFO Research Vessel survey or the fishery in recent years (DFO 2019).

Seasonal spawning migrations occur in 4X5Y and a number of spawning areas exist within the unit (e.g. spring spawning on Browns Bank, fall spawning along the coast of Nova Scotia). Atlantic cod are serial batch spawners with individuals typically releasing several batches of eggs during a protracted spawning period. Age at first reproduction for the 4X5Y stock generally occurs at 2 to 3 years of age. Generation time is estimated at 7.5 years, with a three-generation time period of 22.5 years (DFO 2011a).

Total recruitment greater than 15 million fish/year was common for 4X5Y cod in the 1980s but since the 1992 year class, no recruitment has approached this level. Age 1 recruitment for this stock has remained below 5 million fish since 2015, with the most recent estimate of the 2016 year class being the lowest on record (1.9 million fish, DFO 2019).

Habitat requirements

Previous investigations have concluded that there is no indication that the amount of suitable habitat is currently limiting recovery of cod in this area (DFO 2011a).

DFO’s Maritimes Region delivers regional programs and services in support of the national mandate for fish habitat management and oceans management. Additional information on the national mandate for the Oceans Management Program can be found online at:

• Integrated oceans management
• Scotian Shelf, Atlantic Coast and Bay of Fundy integrated oceans management
• Projects near water

For more information on habitat requirements, please refer to Section 5.3 of the 4VWX5 Groundfish IFMP.

2. Overview of the fishery

Historically, the 4X5Y cod stock traditionally supported a significant directed fishery. In recent years, as a result of substantial declines in stock biomass and consequent low quota levels, only a very small amount of directed fishing has taken place, mainly conducted by the inshore fixed gear fleet using longlines, gillnets and handlines. The majority of Atlantic cod in Divisions 4X5Y are caught as part of a mixed species fishery that includes haddock, pollock, winter flounder, redfish and other species (DFO 2017) (See Table 1 for fleet shares). Several other fisheries catch cod as bycatch in 4X5Y but may or may not be permitted to land cod (DFO 2011a). There are also recreational and Aboriginal Food, Social and Ceremonial components to the 4X5Y cod fishery.

Note: Fixed gear refers to longlines, gillnets, and handlines while mobile gear refers mainly to otter trawls. Each fleet is described by the vessel lengths historically permitted for that fleet (i.e., fixed gear <45’ licences are restricted to a vessel no more than 44’11”).  

Additional information on the 4X5Y Atlantic cod fishery can be found below in Section 4, Socio-Economic and Cultural Importance. Information on the mixed groundfish fishery in 4X5Y can be found in Section 2 of the 4VWX5 Groundfish IFMP.

3. Stock status

Stock assessment

The most recent peer reviewed stock assessment in 2018 showed that the stock had declined in numbers and biomass since the mid 1990s, and has remained at low levels since 2010 (Figure 2) (DFO 2019).

Spawning stock biomass values above the upper stock reference point (48,000 mt) are in the healthy zone (green area), values between the upper stock reference and lower stock reference points are in the cautious zone (yellow area), and values below the limit reference point (22,193 mt) are in the critical zone (red area). The biomass of 4X5Y cod has decreased over time, reaching a maximum of 104,396 mt in 1991 and a minimum of 6,237 mt in 2013. The stock has been in the critical zone since 2008.

The 2018 stock assessment, using a Virtual Population Analysis (VPA) model accepted at the 2018 Framework, estimated a substantial increase in natural mortality (M) on older fish (ages 5+) throughout the time series, rising above 1.5 in recent years (DFO 2018). A high M (Figure 3) is consistent with the truncation of the age structure for this population, though the exact driver of the M remains unknown (e.g. predation, disease, etc.) and could be aliasing other factors such as emigration from the management unit and discards/unreported catches (DFO 2018). Fishing mortality (F) for the 4X5Y cod management unit has decreased since 1994, reaching series lows in recent years. This trend is consistent with implemented management measures for the fishery (Figure 4).

Stock scenarios

The VPA model accepted at the 2018 Framework indicates that the 4X5Y cod population has declined substantially from pre-1994 levels and current SSB remains below the Lower Reference Point (LRP) at 10,298 t (Figure 2). Despite decreases in fishing mortality, productivity of the stock remains low and short-term projections show a high probability that SSB will decrease from 2019 and 2020 even in the absence of fishing, if the current productivity conditions persist (DFO 2018). In addition, a long-term projection conducted at the 2018 Modelling Framework showed that unless natural mortality (M) on older ages is reduced to at least 20% of current levels, there is a very low probability of this stock recovering to the Cautious Zone over the next 10 years, even in the absence of fishing.

Due to the high natural mortality on older fish and a lack of persistent, above-average recruitment events, this stock will struggle to rebuild above the LRP without an increase in survival at older ages. Although the driver of high natural mortality remains unknown (e.g. predation, disease, fish movement, etc.), the same trend is noted in adjacent cod stocks, including 5Zjm and 4VsW cod (DFO 2011b, DFO 2015).

Precautionary approach

The United Nations Agreement on Straddling and Highly Migratory Fish Stocks (UNFA), which came into force in 2001, commits Canada to use the PA in managing straddling stocks as well as, in effect, domestic stocks.  In 2003, the Privy Council Office, on behalf of the Government of Canada, published a framework applicable to all federal government departments that set out guiding principles for the application of precaution to decision making about risks of serious or irreversible harm where there is a lack of full scientific certainty.

In 2009, subsequent to these commitments, DFO developed a Fishery Decision-Making Framework Incorporating the Precautionary Approach, which applies where decisions on harvest strategies or harvest rates for a stock must be taken to determine Total Allowable Catch (TAC) or other measures to control harvests.  The framework applies to key harvested stocks managed by Fisheries and Oceans Canada: those stocks that are the specific and intended targets of a fishery, whether in a commercial, recreational or subsistence fishery. In applying the framework, all removals of these stocks from all types of fishing must be taken into account.

The following are the primary components of the generalized framework:

• reference points and stock status zones (Healthy, Cautious and Critical)
• harvest strategy and harvest decision rules
• the need to take into account uncertainty and risk when developing reference points and developing and implementing decision rules

Reference points

The fishing mortality target reference (FREF) of 0.2 was determined in the 1980’s and approximated F0.1 at the time, a fishing mortality target that has been widely used across fisheries. This continues to be a management target for the stock when in the Healthy Zone. Considering the stock is currently in the Critical Zone and expected to decline even in the absence of fishing under current productivity conditions, no fishing mortality reference point was proposed for the Critical Zone at the 2018 Framework (DFO 2018).

Limit reference point (LRP) = 22,193 t

The LRP for Spawning Stock Biomass was based on the Sb50/90 method and amounted to 22,193 mt. This LRP was proposed and accepted at the 2018 Framework, with the reference document pending publication, however this new LRP can be found in DFO 2019.

Upper stock reference point (USR) = 48,000 t

The USR point was established in 2011 through discussions at the SFGAC. This value was adopted because 48,000 t was a value twice the LRP at the time and will provide sufficient opportunity for the management system to recognize and react to a decline from the Healthy Zone. The “default” position in the fishery decision making framework for implementing the Precautionary Approach indicates that 40% and 80% of BMSY may be used as the LRP and USR (i.e. the USR is twice the level of the LRP).

COSEWIC assessment/ SARA considerations

In its 2003 assessment of Atlantic cod in Canadian waters, the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) designated the Maritimes designatable unit (DU) as Special Concern.  In April 2010, COSEWIC re-assessed Atlantic cod; in this assessment, Atlantic cod in 4X5Y was included in the Southern DU, which was designated Endangered. A Species at Risk Act listing decision for the Atlantic cod Southern DU is pending.

For more information, please refer to Appendix 7 of the 4VWX5 Groundfish IFMP.

Aboriginal traditional knowledge/Traditional ecological knowledge

DFO aims to incorporate traditional knowledge into fisheries management planning. Please refer to Section 3.1 of the 4VWX5 Groundfish IFMP for additional information.

4. Socio-economic and cultural importance

Landings of 4X5Y Atlantic cod increased in the 1960s as domestic and foreign otter trawl fleets joined the fishery, and then dropped in 1970 due to restrictions on haddock fishing. Total landings averaged 20,000 t for several decades, but have recently declined along with restrictive Total Allowable Catches (TACs) (Figure 5). Catches have remained below the TAC in recent years, with landings of 736 t, 746 t, 558 t, and 491 t respectively for years  2016, 2017 (DFO 2018), 2018, and 2019 (values for 2018 and 2019 are preliminary).

The total value of the 4X5Y Atlantic cod landed dropped from $1.79 million in 2017 to $1.24 million in 2018, and increased slightly to $1.37 million in 2019 (values for 2018 and 2019 are preliminary).

Please refer to Section 4 of the 4VWX5 Groundfish IFMP for additional details on the socio-economic and cultural importance of the cod fishery

5. Management issues

The major potential threats to survival and recovery that have been identified for 4X5Y cod are natural mortality (including seal predation), fishing above FREF, discards and bycatch. The effects of large scale environmental change on 4X5Y cod productivity are unknown (DFO 2017) but have been implicated in contributing to declines in the nearby Gulf of Maine (e.g., Pershing et al. 2015).

Cod in 4X5Y are caught along with halibut, haddock, pollock, winter flounder, redfish, and other species in a mixed species fishery. In the 1960s, landings of 4X5Y cod increased as domestic and foreign otter trawl fleets joined the fishery, and then dropped in 1970 as effort declined due to restrictions on haddock fishing. Landings averaged over 20,000 t for several decades and then declined, following steep quota reductions through the 1990s. The quota continued to be reduced through the 2000s and in the 2009 quota year, 2,900 t of cod were landed in 4X5Y (DFO 2011a). Despite quota reductions over this time period, the 2009 stock assessment indicated that fishing had been above the fishing mortality target of 0.2 for the entire time series, and was above 0.4 from 1980 to 1995. Based on the results of the stock assessment in 2009, the TAC for the 4X5Y cod fishery was set at 1650 t from 2011 to 2015, a level which was expected to result in an F=0.11.

In response to the 2014 Stock Status Update, which showed the status was worse than previously expected, the SFGAC met in 2015 to discuss reducing 4X5Y Atlantic cod mortality and additional strategies to promote rebuilding. Recommendations from stakeholders included reducing the overall quota, setting the quota over 24 months rather than annually, quota carry-forwards, reducing natural mortality by reducing predators (e.g. grey seals), implementing gear modifications (e.g. separator trawl, changes to bait, hook size changes), and additional spawning closures.

As a result of these discussions, DFO reduced the quota by 50% to 1,650 t over two years. The rationale for the quota reduction was to reduce removals of 4X5Y Atlantic cod from all fisheries to the lowest possible level, as the stock is in the Critical Zone. Industry members felt that adopting a two-year quota approach would incentivize leaving cod quota in the water, and give them more flexibility to use the very low amounts available in the best way for their enterprises.

The 2016 Stock Status Update indicated that reducing the quota to 1,650 t over two years had reduced relative F to the lowest point in the time series, and that the stock appears to have stabilized at a low level. A second two-year quota of 1,650 t was implemented for the 2017/18 and 2018/19 quota years. Between the two-year quota periods, a quota carry-forward for 4X5Y Atlantic cod of no more than 15% of final quota amounts at the individual or Management Board level was approved.

The results of the 2018 Stock Status Update were quite similar to those of the 2016 update, indicating that the productivity of the stock remains very low while the natural mortality continues to be high. As a result of the continued decline of the stock, directed fishing for cod in 4X5Y was prohibited beginning in the 2019/20 fishing season. Industry representatives felt strongly that reducing the quota below 825 t per year or moving to a bycatch fishery only with bycatch caps would be very limiting to the groundfish industry and would likely result in reduced stewardship and a disincentive to conserve cod. The quota returned to a single-year cycle, and was set at 825 t as bycatch only for the 2019/20 season. The 15% carry-forward provision remains in effect for quota holders.

In 2011, the RPA identified that an increase in seal populations may contribute to the high natural mortality for 4X5Y Atlantic cod, but stated that the degree to which seals contribute to the natural mortality has yet to be quantified. The 2018 Stock Status Update and 2018 stock assessment also identified seals as a potential contributor to natural mortality, along with unreported discards from other fisheries. The degree of impact on the stock remained unknown. Therefore, it is not known to what extent a reduction in seals would assist in the rebuilding of the stock. The 2018 stock assessment indicated that unless natural mortality is reduced to 0.31 (approximately 20% of the current mortality level), there is a very low probability of this stock recovering to the Cautious Zone over the next 10 years (DFO 2019). In 2015 and 2019, the SFGAC discussed various approaches for rebuilding the 4X5Y Atlantic cod stock. Several meeting participants expressed concerns about predation mortality from grey seals, and recommended that the Government of Canada consider management actions to reduce the grey seal populations, including a cull on Sable Island.

Cod are part of a complex ecosystem and the 2018 assessment outputs should be considered in the context of a wide range of ecological indicators. For example, the 2018 Framework showed that spatio-temporal dynamics of cod in 4X5Y are partially driven by bottom temperature and depth (Irvine et al. unpublished report). Consequently, warming temperature trends along the Scotian Shelf and in the Bay of Fundy are expected to continue contributing to the recent shifts in the distribution of the cod stock. Although some progress was made at the 2018 Framework, availability of existing data sources and substantial data gaps hinder the incorporation of many ecosystem factors directly into the assessment model of 4X5Y cod.

6. Objectives

There are five overarching objectives identified in the Groundfish IFMP, and these are guided by the principle that the fishery is a common property resource to be managed for the benefit of all Canadians, consistent with conservation objectives, the constitutional protection afforded Aboriginal and treaty rights, and the relative contributions that various uses of the resource make to Canadian society, including socio-economic benefits to communities.

Conservation-based Objectives

1. Productivity: Do not cause unacceptable reduction in productivity so that components can play their role in the functioning of the ecosystem
2. Biodiversity: Do not cause unacceptable reduction in biodiversity in order to preserve the structure and natural resilience of the ecosystem
3. Habitat: Do not cause unacceptable modification to the habitat in order to safeguard both physical and chemical properties of the ecosystem

Social, Cultural and Economic Objectives

1. Cultural and Sustenance: respect Aboriginal and treaty rights to fish
2. Prosperity: Create the circumstances for economically prosperous fisheries

As outlined in the PA Framework, the primary objective of this rebuilding plan is to promote stock growth out of the Critical Zone (e.g. grow the stock beyond the LRP), by ensuring removals from all fishing sources are kept to the lowest possible level until the stock has cleared this zone.  There should be no tolerance for preventable decline. Within the Critical Zone, this objective remains the same whether the stock is declining, stable or increasing.

Short-term objectives (3 to 5 years)

Under current conditions of high natural mortality, it is difficult to set timelines for rebuilding the 4X5Y Atlantic cod stock. The short-term management objective is to keep the relative annual cod landings at or below the average relative F for the period of 2015 to 2018 (relF = 0.19). This average relative F was selected as a proxy indicator because it is a value which represents reasonable efforts by groundfish harvesters to keep their cod catches at the lowest possible level while continuing to prosecute fisheries for other groundfish species. Ideally, the short-term management objective would be to ensure that total fishing mortality from the groundfish fishery does not exceed the FLIM for the Critical Zone (the removal rate which would promote stock growth out of the Critical Zone). However, the 2018 assessment was unable to provide a value for FLIM. As such, the short-term objectives will not include a measure of FLIM until such a time as a new assessment is able to provide that value.

Mid-term objectives (5 to 15 years)

In general, when a stock is in the Critical Zone, rebuilding to a level above the LRP should be achieved in a reasonable timeframe (1.5 to 2 generations) with a high degree of probability (greater than 75%). For the 4X5Y Atlantic cod stock, this equates to approximately 11 to 15 years; however, given the low productivity and high natural mortality of the 4X5Y Atlantic cod stock, timelines for rebuilding are difficult to specify.

Long-term objective (Over 15 years)

The long-term objective for 4X5Y Atlantic cod is to grow the stock out of the Critical Zone, and eventually to achieve and maintain the Spawning Stock Biomass in the Healthy Zone (i.e., at or above the USR) for the benefit of all Canadians including harvesters, industry and the coastal communities which depend on the resource for their livelihood, and to provide reasonable fishing opportunities during the rebuilding period.

7. Management measures

The only mitigation measures identified under the 2011 RPA to increase survivorship include the reduction in directed fishing (to the level of FREF) and bycatch mortality. More recent analyses have shown that it is natural mortality (which may include unaccounted-for catch), not fishing pressure, that is the primary driver contributing to the lack of stock recovery (DFO 2019).

Catch reductions and controls (groundfish fisheries)

The primary control on fishery removals of 4X5Y cod is the TAC. All groundfish landings (directed and bycatch) are counted towards the quota, and no discarding of 4X5Y cod is permitted in groundfish fisheries.

While the fisheries reference point (FREF) = 0.2 has been in place for many years, the 2009 stock assessment concluded that actual fishing mortality had been above that level for the entire time series (1980-2008). Subsequently, quota reductions were adopted from 5,000 t per year in 2008 to 3,000 t in 2009, and 1,650 t per year in 2011. In 2011, an FLIM of 0.1 for the Critical Zone was adopted. While no absolute estimates of F had been available since that time, a quota reduction to 1650 t over two years was adopted for 2015/16, successfully bringing F below FLIM. This catch level (1650 t total) was also established for the 2017/18 and 2018/19 quota years. A catch level of 825 t as bycatch was established for 2019/20 and the directed cod fishery was prohibited. This catch level was rolled over for the 2020/21 season.

Additional restrictions on catches were implemented beginning in 2019/20 to ensure directed cod fishing is not occurring. Specific restrictions differ across fleets and are outlined in the respective Conservation Harvesting Plan (CHP) for each fleet.

In some cases, high landings of cod could result in additional observer coverage for individuals or fleets, and in some circumstances high landings could result in closure of the vessel class associated with the licence holder or group that individual belongs to.

Most landed catch in the groundfish fishery is subject to independent verification via the Dockside Monitoring Program. While no discarding is permitted, estimates of discarding could be generated by comparing catch on unobserved trips to trips with at-sea observers, as is done for the 5Z Atlantic cod stock on Georges Bank. Observer coverage targets in the groundfish fisheries in 4X5Y are generally 5 to 10% annually, except 10 to 20% in the Unit 3 redfish fishery and 5 to 20% in the Unit 2 redfish fishery. These targets have not been met in most fisheries in most years, which limits the ability of Fisheries Management to assess the possible extent of discarding in these groundfish fisheries. Also, these targets have not been assessed as to whether they are adequate for estimating discard rates of 4X5Y cod with a reasonable level of certainty. An Observer Coverage Plan was adopted by the SFGAC in 2017 to outline strategies and quantify progress towards meeting observer coverage targets in the groundfish fisheries in Maritimes Region (see the 4VWX5 Groundfish IFMP Appendix 23). It has been noted that there have been issues with observer availability that may be contributing to observer coverage targets not being met. Observer coverage rates are reviewed annually with the SFGAC.

Catch reductions and controls (other fisheries)

DFO has developed a Policy for Managing Bycatch. The policy will be implemented through IFMPs over time, according to national and regional priorities and resource availability. This policy has two objectives:

• to ensure that Canadian fisheries are managed in a manner that supports the sustainable harvesting of aquatic species and that minimizes the risk of fisheries causing serious or irreversible harm to bycatch species
• to account for total catch, including retained and non-retained bycatch

Bycatch of groundfish species in other directed fisheries (e.g., cod and cusk in the lobster fishery) can be a management issue, if that bycatch could result in significant unaccounted mortality. The IFMPs for those directed fisheries address the approaches to be used in dealing with bycatch (Section 4.1 of the Inshore Scallop IFMP, Section 4.1 and 9.5 of the Offshore Scallop IFMP). In the RPA, the total estimated discards from non-groundfish fisheries were less than 20 t annually, from 2002 to 2006, based on extrapolating reports from at-sea observers. However, observer coverage in 4X5Y has generally been limited, including within large fisheries known to have cod bycatch.  One of the measures recommended in the RPA for promoting recovery was therefore to increase at-sea observer coverage in fisheries where the catching and discarding of cod is likely to be high so that mortality from non-groundfish fisheries can be better estimated.

Lobster Fishing Areas (LFAs) 33 through 38 overlap with 4X5Y Atlantic cod. The fisheries in these areas open in the fall (October or November) and close in late spring or summer. There are over 2,000 commercial licences in these LFAs combined, with trap limits ranging from 250 to 400 per licence. None of the LFAs in 4X5Y have had regular at-sea sampling of bycatch. An at-sea sampling project was performed during the 2009/10 season, whereby observers were deployed in LFAs 33 and 34 in order to obtain information about interactions with cod and several other depleted species in the lobster fishery. From the 2009/10 project the annual estimated bycatch of cod was 96 t in LFA 33 (based on 172 observed trips) and 211 t in LFA 34 (based on 288 observed trips) (Pezzack et al. 2014). It was noted that these estimates should not be interpreted as mortality estimates, since the survivorship of cod caught in lobster traps has not been assessed.

A new lobster bycatch program was initiated in Autumn 2018 in LFAs 33, 34 and 35 with the goal of 1% of sea days sampled. This sampling target was set as a preliminary goal, but if met will provide information on 950 trips in these three LFAs combined.

The short-term management objectives with respect to cod bycatch in LFAs 33-38 are as follows: to introduce regular at-sea sampling in each of the LFAs (a preliminary target of 1% of sea days has been set, beginning in fall 2018 for LFAs 33 and 34); to seek science advice on the level of precision and accuracy needed for robust estimates of cod bycatch; and to request that mortality as a result of bycatch in the lobster fishery be explicitly accounted for as a source of fishing mortality in the next cod stock assessment.

The RPA noted that the scallop fisheries in the Maritimes Region can catch Atlantic cod as bycatch, however at-sea observer coverage is limited. Observer coverage in the inshore scallop fishery in 2008 and 2009 indicated relatively low levels (3 t or less per year) of 4X5Y cod bycatch (Sameoto and Glass 2012). In 2015, the Full Bay inshore scallop fleet initiated an industry-led program to improve bycatch data collection as a part of their Marine Stewardship Council (MSC) certification process. MSC Surveillance Reports from 2016 and 2017 indicate that the Full Bay fleet had one observed trip in 2016 and two trips in 2017. The Offshore scallop fleet also initiated coverage on banks located in 4X5Y in 2012 as part of a MSC certification requirement at a coverage level of one trip per bank per year. With the exception of SFA (Scallop Fishing Area) 29 West, there is no DFO mandated observer coverage for the scallop fisheries operating in 4X5Y.

While the lobster and inshore/offshore scallop fisheries were discussed at greater length in the 2015 Recovery Potential Assessment Research Document (resulting from the 2011 RPA meeting), other fisheries were also identified as having the potential for bycatch of cod. These fisheries include the Jonah crab trap fishery, redfish small mesh fishery, herring purse seine fishery, and experimental sculpin bottom trawl fishery. Given conservation concerns for the 4X5Y Atlantic cod stock, DFO should ensure that estimates of bycatch levels are available for fisheries that have the potential to impact this stock.

Seal predation

In 2011, the RPA identified that an increase in seal populations may contribute to the high natural mortality for 4X5Y Atlantic cod, but stated that the degree to which seals contribute to natural mortality has yet to be quantified. Therefore, it is not known to what extent management of the seal population would assist in the rebuilding of the stock. In addition to scientific uncertainty, significant logistical and political constraints may limit the feasibility of any management measures to reduce the seal population. The 2018 stock assessment indicated that unless natural mortality is reduced to 0.31 (approximately 20% of the current mortality level), there is a very low probability of this stock recovering to the Cautious Zone over the next 10 years.

Gear modification and restrictions

Separator trawls are mandatory in the Georges Bank (5Z) mobile gear haddock fishery to reduce bycatch of cod. In the 4X5Y area, they are not mandatory although operators could choose to use them in order to control cod bycatch levels. During discussions in 2014, fleet representatives expressed concern over the economic impacts of requiring separator trawls in the 4X5Y area, and asked for flexibility in determining how best to operate within the available cod bycatch quotas, rather than through mandatory gear modifications.

Closed areas

Originally established to protect haddock, there is a spring spawning closure on Browns Bank annually, from March 1 to May 31. Through licence conditions, this spawning closure has been extended to include the period from February 1 to June 15.  The intent of the closure is to minimize disturbance during cod spawning in case such disturbance might negatively affect spawning success.

For additional information, please refer to Section 5.4.2 of the 4VWX5 Groundfish IFMP.

Monitoring

Monitoring tools in use vary by fleet and include hails, dockside monitoring of landings, at-sea observer coverage, logbooks, and vessel monitoring systems. Please refer to Section 5.1 of the 4VWX5 Groundfish IFMP for additional details.

Additional monitoring of catch will be implemented to ensure there is no directed fishing for cod. 

Habitat protection

Please refer to Section 5.3 of the 4VWX5 Groundfish IFMP for further details on Oceans and Ecosystem Management Considerations in the Maritimes Region, and Section 5.5 for details on existing measures within 4X5Y to limit benthic impacts.

Harvest strategies and tactics

Current harvest strategies and tactics for the 4X5Y Atlantic cod stock are outlined in Table 2.

8. Access and allocation

The 4X5Y cod TAC is fully allocated to fleet sectors according to established percentage shares, which are considered stable. Please refer to Section 7 of the 4VWX5 Groundfish IFMP.

9. Shared stewardship

Shared stewardship is achieved through the involvement of stake- and rights-holders in advisory committees and regional science advisory processes. Please see Section 2.6 of the 4VWX5 Groundfish IFMP for further details.

10. Compliance

Compliance involves the deployment of fishery officers to air, sea and land patrols, observer coverage on fishing vessels, dockside monitoring (DMP) and remote electronic monitoring (Vessel Monitoring System). For details on regional compliance program delivery, current compliance issues and the compliance strategy, see Section 8 of the 4VWX5 Groundfish IFMP. 

11. Plan enhancement, evaluation and performance review

Outcomes from the application of this plan will be reviewed periodically through the SFGAC and other Advisory Committees as required, to determine if changes to the plan are warranted.

Many sources of mortality for 4X5Y cod such as seal predation are not well understood. In addition, potential impacts of climate change on this stock have not been evaluated. As new knowledge is developed, DFO will seek to incorporate this information into the management of this stock.

The 2014 RV survey index was the lowest on record for this stock, at 2,786 t. That year, a number of potential measures to support rebuilding of the 4X5Y cod stock were discussed by the SFGAC, including reducing natural mortality by reducing predators, prohibiting directed fishing by fixed gear fleets, gear modifications, and additional spawning closures. As a result, DFO reduced the TAC by 50% to 1,650 t over two years. A subsequent two-year TAC of 1,650 t was also implemented for the 2017/18 and 2018/19 quota years. In 2019, DFO discussed with the SFGAC the potential for prohibiting directed cod fishing; this prohibition was subsequently put in place for 2019/20. In addition, the two-year quota cycle of previous seasons was ended and an annual TAC of 825 t as bycatch was set. This TAC was rolled over for the 2020/21 season.

During the time period of this plan (beginning 2019) if the stock is not seen to be showing signs of recovery relative to the 2014 levels or F is found to be at a level that impacts rebuilding, these measures will be revisited. In particular, existing bycatch rules will be re-evaluated to ensure that catches are at the lowest possible level. In addition, regular monitoring of the groundfish fishery catches will be undertaken to ensure that no directed fishing for cod is occurring. If directed cod trips are apparent, actions will be taken including increased observer coverage if appropriate to better understand the circumstances in which high catch levels are taking place, or closure of the vessel class associated with the licence holder or group to which that individual belongs.

DFO will also ensure that all significant sources of fishing mortality can be estimated and accounted for. For groundfish fisheries, unreported (and illegal) discards would be the main source of unaccounted fishing mortality. DFO will develop a strategy to estimate illegal discards, which might require increasing at-sea observer coverage or exploring other forms of catch monitoring such as electronic video monitoring.

For LFAs 33 to 38, Atlantic cod fishing mortality would need to be estimated based on rates of capture estimated from at-sea sampling and quantification or reliable estimation of post-release survival. In some areas, estimates of mortality as a result of illegal retention may also need to be considered. Once estimates are available, limits will need to be established for the fishery, and the performance of the fishery will need to be monitored against these. There was insufficient data available to calculate these limits in the 2018 stock assessment, so this work will be reconsidered in a future assessment.

In other commercial fisheries, work is being undertaken to ensure that estimates of bycatch levels are available for fisheries with the potential to impact 4X5Y Atlantic cod. Fishing mortality from bycatch in other fisheries can then be incorporated into the management framework for this stock.

A full accounting of 4X5Y Atlantic cod fishing mortality must also include catches in Aboriginal fisheries and recreational fisheries. DFO is considering the implementation of a marine recreational licence for Atlantic Canada, which would improve data collection from recreational groundfish fisheries. DFO is also working with Aboriginal organizations to improve reporting of catches in Food, Social, and Ceremonial Fisheries.

An overview of action items to support the rebuilding of 4X5Y cod can be found in Table 3.

Sources of information

Acoura Marine. 2017. 2016 Surveillance Report for FBSA Canada Full Bay Sea Scallop Fishery. Marine Stewardship Council. FCR 2.0/GCR/2.1.

COSEWIC. 2003. COSEWIC Assessment and Update Status Report on the Atlantic Cod Gadus morhua in Canada. Committee on the Status of Endangered Wildlife in Canada. Ottawa. xi +76pp.

COSEWIC. 2010. COSEWIC Assessment and Update Status Report on the Atlantic Cod Gadus morhua in Canada. Committee on the Status of Endangered Wildlife in Canada. Ottawa. xi +105pp.

DFO. 2009. Cod on the Southern Scotian Shelf and in the Bay of Fundy (Div. 4X/5Y). DFO. Can. Sci. Advis. Sec. Res. Doc. 2009/015.  

DFO. 2011a. Recovery Potential Assessment (RPA) for the Southern Designatable Unit (NAFO Divs. 4X5Yb and 5Zjm) of Atlantic Cod (Gadus morhua). DFO Can. Sci. Advis. Sec. Advis. Rep. 2011/034.

DFO. 2011b. Recovery Potential Assessment (RPA) for the Laurentian South Designatable Unit of Atlantic Cod (Gadus morhua): The Eastern Scotian Shelf Cod Stock (NAFO Div. 4VsW). DFO Can. Sci. Advis. Sec. Res. Doc. 2011/138.

DFO. 2017. 2016 4X5Yb Atlantic Cod (Gadus morhua) Stock Status Update. DFO Can. Sci. Advis. Sec. Sci. Resp. 2017/024.

DFO. 2018. Stock Status Update of Atlantic Cod (Gadus morhua) in NAFO divisions 4X5Yb. DFO Can. Sci. Advis. Sec. Sci. Resp. 2018/020.

DFO. 2019. 2018 Stock Assessment of Atlantic Cod (Gadus morhua) in NAFO divisions 4X5Y. Sci. Advis. Sec. Advis. Rep. 2019/015.

Pershing, A.J., Alexander, M.A., Hernandez, C.M., Kerr, L.A., Le Bris, A., Mills, K.E., Nye, J.A., Record, N.R., Scannell, H.A., Scott, J.D., Sherwood, G.D., and Thomas, A.C. 2015.
Slow adaptation in the face of rapid warming leads to collapse of the Gulf of Maine cod fishery. Science 350: 809-812.

Pezzack, D.S., Denton, C.M., and Tremblay, M. J. 2014. Overview of By-catch and Discards in the Maritimes Region Lobster Fishing Areas (LFAs) 27-33 based on Species at Risk Act (SARA) At-sea Sampling 2009-2010. DFO Can. Sci. Advis. Sec. Res. Doc. 2014/040. V+27p.

Sai Global. 2018. 2017 Surveillance Report for FBSA Canada Full Bay Sea Scallop Fishery. Marine Stewardship Council. MSC033/SUR04.

Sameoto, J.A and Glass, A. 2012. An Overview of Discards from the Canadian Inshore Scallop Fishery in SFA 28 and SFA 29 West for 2002 to 2009. Can. Tech. Rep. Fish. Aquat. Sci. 2979:vi+39 p.