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Inshore Scallop - Maritimes Region

1. OVERVIEW OF THE FISHERY

1.1 History of the Fishery

1.1.1 Bay of Fundy and Approaches

Scallop beds in the Bay of Fundy and approaches have been fished commercially since the mid-1880s. The first reported commercial sale of scallops was recorded from Mahone Bay, Nova Scotia. There are confirmed reports of a commercial scallop fishery off Charlotte County, New Brunswick in 1889. Around 1920, the scallop fishery in the Annapolis Basin was initiated and it quickly spread out to the beds off Digby, Nova Scotia. Scallop licences were authorized to fish the Bay of Fundy and Atlantic coast. Scallop stocks off Digby, Nova Scotia and Grand Manan, New Brunswick supported almost all the fishing effort by the various inshore scallop fleets until the late 1970s. High natural variability in stock recruitment and expanded fishing effort contributed to major fluctuations in catch levels over the years.

In September 1972, limited entry was introduced into the Bay of Fundy Full Bay fleet as a conservation measure and as a means to control harvesting capacity. The fleet was frozen at approximately 60 licences with eligibility to obtain a licence in 1973 requiring proof of holding a scallop licence in 1972 and fishing off Digby, Nova Scotia. In 1977, with relaxed criteria a number of licences from New Brunswick ports were identified as eligible for Full Bay of Fundy access. Also through the regional appeal process, the number of Full Bay licences increased to 99 licences which was then capped by DFO.

Between 1972 and 1977, the inshore fleets were restricted to the Bay of Fundy and the adjacent Atlantic waters on the Scotian Shelf and the offshore scallop fleet was restricted to Georges Bank, and Scotian Shelf outside 12 miles. In 1977 and 1978, the depletion of the Bay of Fundy stocks resulted in the Bay of Fundy fleet gaining access to Georges Bank with 2.9% of the previous year's catch as a quota.

In 1973, a freeze in issuance of new licences was removed and new licences were issued for access within 3 miles of Charlotte County, New Brunswick. These licences became limited entry in May 1981 and were referred to as the “7-mile NB fleet’ as access was provided from the New Brunswick shoreline of the Bay of Fundy out to 7 nautical miles.

The inshore portion of the fleet that fished primarily in the area of the Upper Bay of Fundy became limited entry in April 1982. The licence was referred to as a 3-mile Cumberland licence. In 1985 licence policy changes combine the 3 mile Cumberland and a few 7 mile NB licences of fisherman with homeports in the new Upper Bay zone and called the fleet the Upper Bay of Fundy Scallop Fleet.

Following a peak in productivity of the Bay of Fundy stocks between 1981 and 1983, the fishery declined rapidly. This led to violations of the regulatory and quota restrictions used to control the Full Bay Fleet’s fishing activity on Georges Bank by some of the fleet.

After numerous discussions and a series of industry/government seminars in 1985 and 1986, mutual agreement on a common management strategy for all fleets could not be reached. Consequently, agreement was reached on exclusive access for each fleet that was announced in October 1986 establishing permanent separation of the Bay of Fundy and offshore fleets at the 43°40’ North Latitude line. As part of the agreement the Bay of Fundy fleet was to be phased off Georges Bank over two years with an 8% quota in 1987, 4% in 1988 and 0% in 1989. The 7 mile NB licences were extended to the mid bay line in the Bay of Fundy and hence referred to as the Mid Bay Fleet. Following separation each sector was to pursue its own conservation and fleet rationalization plans within their exclusive fishing zones.

In 1987, the Atlantic Fishery Regulations, 1985 were amended to reflect the fleet separation agreement. Scallop Fishing Areas were established, gear restrictions and meat counts were implemented for the inshore fleets with vessel classes, gear restrictions and revised meat counts established for the offshore fleet. A review of “never used” inshore scallop licences was initiated which resulted in identification of 456 potential licences. After the DFO Appeal Process concluded 183 licences were not re-issued (48 NB 7-mile licences and 135 Inshore, East of Baccaro licences).

Bay of Fundy catches increased to record levels in 1989 following two strong recruitment pulses. However, management measures in place at the time were not sufficient to protect against the severe recruitment and growth over-fishing that occurred. This resulted in large numbers of scallops being taken at very low yield and before any significant biological benefit could be gained from leaving more scallops on the grounds to grow to a larger size or spawn in subsequent years. Although repeated attempts were made by both government and industry representatives through the advisory committee process to make regulatory measures more restrictive to protect small scallops, there was no agreement to actually make timely changes to better utilize this record stock abundance. High fishing effort, combined with a high natural mortality event in the fall of 1989, quickly decimated the stocks.

Landings from the Bay of Fundy continued to decline although strong prices artificially maintained near record landed values. However, in 1995 and 1996, dwindling stocks and higher fishing costs led to a severe economic crisis as available stocks could not support a fully active fleet. Other factors also led to significant increases in directed effort on scallops such as downturns in other fisheries and policy changes like the introduction of Individual Transferable Quotas (ITQ) for mobile gear groundfish in 1991. This allowed vessels that previously held duel licences for scallop and groundfish and had to fish both during the year because of “no splitting” rules in place at the time, to now transfer their groundfish quota and become solely dependent on scallop fishing.

Regulatory measures put in place following the permanent separation of the inshore and offshore fisheries in 1986 did not change significantly for the inshore until mid 1995. Following continued declines throughout the early 90s, industry agreed to reduce meat counts and implement a number of other measures in an attempt to reduce and better rationalize effort levels with the available resource. By early 1996, it was again apparent that these measures were still not sufficient to protect small scallops and catches continued to decline.

On July 5, 1996 the federal court decision between the Atlantic Coast Scallop Fishermen’s Association (representing a large percentage of the Full Bay fleet) and the Minister of Fisheries and Oceans Canada recognized there were Offshore scallop licences and four classes of inshore scallop licences: Full Bay, Mid Bay (7-mile NB), Upper bay and Inshore East of Baccaro. This decision confirmed the permanent separation of the offshore and inshore scallop fleets.

Throughout 1996, various components of the Full Bay, Mid Bay and Upper Bay fleets put forward several recommendations to radically change management of the Bay of Fundy scallop fishery. Demands were made upon them by DFO to better address minimum conservation requirements and to develop regulatory and policy measures that would better manage recruitment and growth over-fishing practices. These concerns had been previously identified as the major threat to long term biological, economical and sustainable management of the resource.

By the end of 1996, two separate management regimes emerged and currently remain in place. The Full Bay fleet opted for an Individual Transferable Quota (ITQ) program while the Mid and Upper Bay fleets chose to remain on a competitive, quota based fishery. The two fleets fished one quota amount. The approval of a sharing arrangement in 2007 for the areas the Bay of Fundy fleet access overlapped resulted in individual fleet quotas for the Mid bay and Upper Bay Fleets as they had shared the annual quota

The Bay of Fundy fleets were required to participate in a Dockside Monitoring Program (DMP) using certified Dockside Monitoring Companies (DMC). The components of this program included 100% hailing out to the DMC to initiate a fishing trip and hailing in to state the trip had ended, and submission of their monitoring document (logbook) to the DMC for data entry into the DFO Maritimes Region Fisheries Information System (MARFIS) database. Initially weight verification at dockside was 100% for the Full Bay Fleet and 20% for the Mid and Upper Bay fleets however it has since increased for the Mid and Upper Bay fleets.

In 1999, starting with the Mid Bay fleet, the industry implemented a meat weight or port sampling protocol conducted by the associations that provided information on the catch profile of scallops landed and was used to monitor the percentage of small juvenile scallops within the catch. This port sampling program was extended to the Full and Upper Bay fleets in 2001 with third party Dockside Monitoring Companies conducting the sampling until 2009 when it was suspended (Appendix 1). Previously for a few years during the 1980’s, the Full Bay Fleet had participated in a DFO funded port sampling program however when funding was no longer available the sampling program was terminated.

As a result of the high natural mortality event in the fall of 1989, the industry expressed concern whenever clappers were found during the fishing season. To assist in determining the impact of the presence of clappers, in 1999, a Clapper Protocol was developed to provide industry with guidance when they encountered large numbers of clappers concentrated in a smaller area (Appendix 2). The information was provided to DFO Science for review.

In 2000 the Full Bay Fleet was required to have a Vessel Monitoring System (VMS) on board the vessel that provided location information hourly to DFO. The Upper Bay followed but it was not until 2004 that the Mid Bay was required to have VMS.

TACs and landings in the Bay of Fundy increased again in 2003/2004 with the recruitment to the fishery of a large year class. However, from 2006 to 2010 the fishery in the Digby area decreased to levels from the late 1990’s while the landings from the remainder of the Bay of Fundy have remained stable.

In 2007, DFO announced the Preserving the Independence of the Inshore Fleet in Canada's Atlantic Fishery (PIIFCAAF) policy which included a requirement for non-exempted fleets to declare their status as Independent Core (IC) and they would remain subject to the Owner/Operator and Fleet Separation policies. PIIFCAAF applies to the Mid Bay, Upper Bay and East of Baccaro scallop fleets.

The Full Bay Scallop Fleet was one of six fishing fleets in the Maritimes Region granted exempted status on the Owner/Operator and Fleet Separation policies. This would permit licence holders in controlling agreements to have, upon submission of a written request to DFO and subsequent approval, those licences transferred to an individual or company name. With this exemption one company or individual can hold more than one Full Bay scallop licence.

Since 2012, the TAC’s and landings have increased in the Bay of Fundy with juvenile scallops observed in several areas of the Bay of Fundy during the 2014 assessment survey.

1.1.2 Scallop Fishing Area 29 East of 65°30’ West Longitude

The inshore scallop licence holders authorized to fish scallop in the inshore areas of the Scotian Shelf were designated Inshore East of Baccaro (East of 65°30' west longitude) prior to 1972. By 1978 all licences issued to the Inshore East of Baccaro fleet were limited to east of 65°30' west longitude (Baccaro Point, NS) and became known as the Inshore East of Baccaro Fleet. This fleet became limited entry in April 1982.

As a result of the Inshore /Offshore Agreement and with the introduction of the Atlantic Fisheries Regulations, 1985, the area inside of the 12 mile territorial sea baseline was redefined as Scallop Fishing Area 29. This reflected the Inshore East of Baccaro fishery at that time as there was no history of the Inshore East of Baccaro fleet fishing beyond the boundaries of the Territorial Sea. Licences and conditions only authorized fishing scallops east of 65°30’ west longitude.

Since the development of the SFAs, the portion of SFA 29 east of 65°30’ West longitude to Cape North (SFA 29 East) has supported primarily an opportunistic commercial fishery. In 2001 a commercial bed of scallops East of 65°30’ line to the Queens/Lunenburg county line was identified. This area has supported a limited annual 3 to 4 week fishery since 2006. Fishing was limited from Monday to Friday from 6am to 6 pm. In 2006 and 2007 the area was divided into three sections with access based on a limited time permitted in any one section. In 2008 the area was divided into smaller subareas that are fished during the four week period on a rotating basis with one of more of the subareas closed per year. In 2015 the two areas next to the 65°30’ line remained in place and the remainder of the smaller areas to the Queens/Lunenburg County line were combined into one area defined in licence conditions by latitude and longitude co-ordinates.

1.1.3 Scallop Fishing Area 29 West of 65°30’ West Longitude

Prior to the 1986 Inshore/Offshore agreement, the Full Bay Fleet was authorized to fish scallops in the Bay of Fundy and its approaches with access to Browns Bank. The first authorized access to fish SFA 29 West of 65°30’ West longitude (SFA 29 West) after the 1986 Inshore/Offshore agreement was provided on an annual basis to the Full Bay fleet from 1996 to1998. Fishing was not authorized in 1999 and 2000. Results of the 2000 Science stock assessment survey indicated commercial quantities of scallops and after Full Bay consulted with the lobster industry, DFO authorized an exploratory scallop fishery in the area with a TAC of 400 t. After the fishery in 2001, the Full Bay fleet funded a post season stock survey which identified a large quantity of older scallops.

Prior to the 2002 fishery access and quota shares were approved for the Full Bay fleet and the eligible East of Baccaro inshore scallop licence holders with certain conditions. One such condition was the funding of a three-year industry-funded Joint Project Agreement with DFO and National Resources Canada to conduct post season surveys, bottom mapping and to support daily monitoring of a Vessel Monitoring System (VMS). With the completion of this project, the seabed maps are available to industry when fishing the area which minimizes the footprint of the fishery and the disturbance to habitat. DFO Science has incorporated the sea bed mapping information in the survey design since 2005.

Based on DFO Science recommendations, SFA 29 West was subdivided into five subareas (A,B,C,D and E) to provide options for the distribution of fishing effort and catch in the 2002 fishery. In 2002 and 2003 only A, B, C and E were fished with TACs of 800 and 452 respectively. In 2004 the TAC increased to 600 t with the opening of a portion of subarea D along with A, B, C, and E. In 2005 the TAC decreased to 255 t. The TAC increased to 400 t in 2006 with the opening of the other portion of subarea D along with the other subareas. From 2007 to 2009 the TAC has been 250 t with all subareas open for fishing. The bycatch of lobsters has been monitored using mandatory at-sea observer coverage and reports by licence holders resulting in implementation of in season closures as required.

Since 2009 the TAC has decreased. The 2013 stock survey observed significant quantities of juvenile scallops primarily in subareas C and D which resulted in a closure of subarea C and D for the 2014 fishing season to protect the juveniles. The science survey in 2014 found that the strength of this year class was very much diminished.

Since 2002 the fleets have individually and collaboratively submitted proposals requesting DFO limit access of one fleet or the other to SFA 29 West. Each year until 2007, the initial sharing arrangement and the access were confirmed by DFO. In late 2007, the DFO minister approved an Independent Review of the Sharing Arrangement be undertaken. In June 2009 DFO presented a decision on the SFA 29 West fishery which included a change in the sharing arrangement between the fleets, revision of the advisory committee membership and development of an integrated fleet including permanent and temporary quota transfers for the integrated fleet.

In 2010, the integration of the Full Bay Fleet and the eligible Inshore East of Baccaro licence holders was completed by combining all licence holders under one quota group. This allowed for permanent and temporary quota transfers between licence holders in either fleet. The Terms of Reference for the SFA 29 West Advisory Committee were finalized and implemented.

In a 2014 a judicial review was initiated between a number of the eligible Inshore, East of Baccaro license holders and the Minister of Fisheries and on June 2nd, 2015 the federal court decision was that the Minister’s actions were within the powers provided by law. However this decision has been appealed. Any further information will be included in any updates to this IFMP.

1.2 Type(s) of Fishery

1.2.1 Commercial

There is a significant commercial fishery in the Bay of Fundy and approaches that supports varying levels of community infrastructure. There are three fleets that have access to the Bay of Fundy and approaches. The Full Bay fleet has access to the whole Bay of Fundy subject to quota limits and seasons and scallop fishing is the primary activity of these enterprises. The Mid Bay and Upper Bay fleets have access to portions of the Bay of Fundy and are considered part of multi-species enterprises in that, another fishing licence may be the primary licence (mainly lobster) and scallop fishing is conducted in the off season. The Inshore East of Baccaro fleet has access to SFA 29 East of 65°30’west longitude and scallops are not the primary fishery (mainly lobster) for these licence holders. The Full Bay Fleet and a limited number of eligible Inshore East of Baccaro licence holders have access to a small scallop fishery in SFA 29 West of 65°30’west Longitude to the 43°40’ north latitude line.

1.2.2 Recreational

There is a significant recreational fishery in the Bay of Fundy (SFA 28A, B, C and D) and along the coast of Nova Scotia in SFA 29, by divers and dippers. As stated in the Atlantic Fishery Regulations, 1985, an annual DFO licence is required to harvest scallops for recreational or personal use. The regulations identify limits on the number of scallops that can be fished per day and the method for fishing (diving and dipping). Conditions of licence identify seasons, and open and closed areas. Currently recreational interests may make their views known through Inshore Scallop Advisory Committee (ISAC) but do not have a formal seat on the committee. There is recreational representation on the SFA 29 East Advisory Committee.

1.2.3 Exploratory

There is no current requirement to conduct exploratory scallop fishing in the Bay of Fundy (SFA 28 A, B, C, and D) and SFA 29. The overall management plan provides the ability to conduct experimental fishing activities for special projects or for other reasons as required with the existing fleets.

1.2.4 First Nations Fishery

Under the Aboriginal Fisheries Strategy and in years following the Marshall Decision by the Supreme Court of Canada, 14 Aboriginal organizations acquired a total of 25 commercial communal scallop licences for the inshore scallop fisheries. As of 2014, 13 Aboriginal organizations hold 33 commercial communal scallop licences.

Representatives from the Aboriginal groups actively participate in industry consultations through the advisory committees and working groups.

Food, social and ceremonial (FSC) requirements are contained in individual specific agreements negotiated with each First Nation or Aboriginal Organization.

1.2.5 Aquaculture

The Province of Nova Scotia has approved a small number of aquaculture sites for sea scallop aquaculture. Some of these sites are active and acquire spat or seed from outside the area and grow out the scallops. This is primarily a whole scallop or roe-on scallop fishery with a very minimal meat only landed fishery.

1.3 Participants

The scallop fleet in the Bay of Fundy is divided into three distinct sectors, each governed by separate regulatory and policy requirements. As of 2006 the Full Bay fleet is comprised of 100 licences with the majority based in Nova Scotia and several in New Brunswick. The vessels in this fleet range between 45’ and 65’ length overall and traditionally land the majority of scallops annually from the Bay. This fleet is also eligible to fish scallops in SFA 29 West of 65°30’ to 43°40’ latitude

As of 2014 the Mid Bay fleet is comprised of 206 licences with the majority based in New Brunswick ports and the remainder from Nova Scotia ports in the head of the Bay of Fundy and in the Digby area. The majority of vessels in this fleet range from 30’ to 45’ length overall and usually form part of a multi-species licensed inshore enterprise. A significant portion of this fleet will only fish scallops whenever it is economical to do so or when downturns in other inshore fisheries makes it necessary.

The Upper Bay fleet is comprised of 16 licences all on vessels primarily less than 45’ length overall and is similar to the Mid Bay in that they are usually part of a multi-species inshore enterprise. All licences in this fleet are based in Nova Scotia and New Brunswick ports at the head of the Bay of Fundy which is within Scallop Fishing Areas 28C & D.

The Mid Bay and the Upper Bay Fleets traditionally land less than 20% of the annual landings from the Bay of Fundy.

The Inshore East of Baccaro scallop fleet is comprised of approximately 180 licences with a majority based in ports from Yarmouth to Lunenburg and the remainder based along the eastern shore of Nova Scotia to Cape North in Cape Breton. The vessels in this fleet range from 30’ to 65 ‘length overall.

DFO approved criteria was established in 2002 to determine eligibility of Inshore East of Baccaro scallop licence holders for access to a SFA 29 west of 65°30’ scallop fishery. The eligibility criteria included documented landings from the Queens/Shelburne Counties Zone from the regular season in 2001 and residency in Shelburne or Yarmouth Counties or the transferring of an East of Baccaro licence into either of these counties prior to September 15, 2001. As of 2006, 64 of these licences were eligible to fish scallops in SFA 29 West of 65°30’ W longitude to 43°40’ latitude.

Included in the numbers of licences listed by fleet, as of 2014, First Nations and/or Aboriginal organizations hold 15 Full Bay Scallop licences, 13 Mid Bay licences, 1 Upper Bay licence and 4 East of Baccaro scallop licences.

The numbers of recreational scallop licences issued vary each year. In 2014 there were 1,654 recreational scallop licences issued in the Maritimes Region.

1.4 Location of the Fishery

All scallop fishing in the Bay of Fundy takes place in Scallop Fishing Areas (SFA) 28A, 28B, 28C and 28D as described in Schedule XV of the Atlantic Fishery Regulations, 1985. The various fleet sectors are eligible by licence condition to fish one or more areas as follows:

These areas can be further sub-divided into areas that are closed by either regulation or variation orders that restrict fishing during all or part of the year. In addition, specific management measures are applied to broader Scallop Production Areas (SPA) that are designed to incorporate one or more scallop biological production areas and may fall within the boundaries of one or more of the regulated Scallop Fishing Areas (SFA). SPA boundaries are described in Variation Orders and /or licence conditions whereas SFA boundaries are described in the Atlantic Fishery Regulations, 1985. (Appendix 3a,b,c)

Inshore scallop fishing also takes place in Scallop Fishing Area 29 as described in Schedule XV of the Atlantic Fishery Regulations, 1985. Based on historical scallop fishing, this SFA is divided into SFA 29 West of 65°30’W longitude west to the 43°40’north latitude Line and SFA 29 East of 65°30’ W longitude east to Cape North and within the Territorial Sea Baseline (12 mi. from shore). Two of the fleet sectors are eligible by licence condition to fish one or more areas as follows:

Full Bay:

SFA 29 West of 65°30’W Longitude to 43°40’ N

East of Baccaro:

SFA 29 East of 65°30’W Longitude to Cape North
64 licences eligible for SFA 29 West of 65°30’W Longitude to 43°40’N

1.5 Fishery Characteristics

1.5.1 Management Measures

To ensure sustainability of the inshore scallop fishery different management measures or controls have evolved through the years. Several of these measures are found in the regulations that govern the fishery and others have been developed to address issues in the fishery. Regulatory measures such as minimum shell height, minimum meat count and season openings can be modified with DFO approval through an instrument called a DFO Variation Order. Details of the annual quotas, seasons, and management measures are included in the annual fleet fishing plans which are available upon request.

1.5.2 Gear

The Atlantic Fishery Regulations, 1985, Section 71 outlines the regulations for scallop gear. The use of offshore scallop drags and “green sweep” scallop drags is not permitted in the inshore scallop fishing areas. The maximum width of a scallop drag or combination of scallop drags is limited to 5.5 meters in total width and the scallop drag with a bag must consist of rings of at least 82 mm inside diameter.

Scallop drags used in the Bay of Fundy have not varied significantly in design and size in the last 50 years, however there have been modifications to the original drag type compared to what is used today (Digby Gear and Miracle Gear). Historically speaking each individual drag has scraping edges on both sides equipped with or without teeth. The Digby gear has a bag consisting of 168, 11/64 in. wire rings having an inside diameter of 3 ¼ in. linked together with 1 in. metal washers and fastened to the frame with ½ in. split links. The bag is seven rows deep by 24 rings wide. The free end of the bag was initially stapled to a 2 x 4 piece of wood, however this evolved to a ¼ in steel plate in the late 80’s and to a rod iron frame with 3 inch welded offshore rings in the 90’s. It is believed that these 3 inch rings on the bottom of the back allow for the escape of small scallops and some of the bycatch substrate. Originally each drag was dumped separately after being hoisted by a length of chain attached to the bottom of the drag. That changed to each drag being attached by chain to an 18-foot hardwood log or more recently to a steel bar. The log/steel bar is hoisted allowing for all drags to be dumped simultaneously.

Variations of the above gear began in the mid 1980’s when the catches were low and industry wanted to try a more efficient, less maintenance type of gear. The type of washer used changed from the conventional 1 in metal washer to a 2-3 in. rubber washer. This change lowered the cost of gear maintenance as the gear lasted longer with less time needed for repair. It did however substantially decrease the inside size of the ring which sometime caused more substrate, fauna and flora to be retained depending on the substrate type. Industry will change the washer type to the most efficient on various bottom types. Another change at this time was the presence of teeth welded to the angle iron frame. Again this change varied between individuals and the bottom type being fished.

Until the mid-1980s typically the gear consisted of a gang of seven individual drags. Each drag was shackled to collars at 3-ft intervals on a 2 in by 18-ft. steel pipe. This pipe (bar) has various weights which are individual preferences depending on bottom type. There is a bridle consisting of a master swivel and seven chains of 5/16-inch chain leading from it to collars opposite each drag on the bar. This type of gear was modified to what is known as ‘Miracle gear’. The width of each bucket decreased to 2-ft. width x 10 in height and the number of drags per gang increased to 9 on the bar. Other variations of the ‘Miracle gear’ were similar to the Digby gear i.e. steel teeth, washer type and bottom of drag material (Appendix 4).

1.5.3 Time Frame of the Fishery

Any changes in seasonal fishing times for the inshore scallop fisheries to better suit biological and economic objectives are discussed through the advisory process. In most areas or portions of areas, it is likely that there will be some restricted fishing times each year. Through the use of existing regulations, variation orders and other restrictions such as licence conditions, a wide range of measures can be applied to each or all areas to ensure the stated objectives are being met.

Bay of Fundy

Prior to 1997, the fishery in the Bay of Fundy and approaches was conducted year round except for zones that were closed by regulation or variation order for some part of the year. For example, the Grand Manan and Inshore New Brunswick Conservation Zones are only opened from the second Tuesday in January to March 31 each year. There are several industry initiated management zones extending from Saint John, NB to Chignecto and around to the Nova Scotia in the Minas Basin area in which there is limited access (second Tuesday in January to April 30 each year). Other areas such as below Brier Island and St. Mary’s Bay are closed seasonally based on agreements between lobster fishery representatives mainly designed to resolve potential gear conflict issues or sensitive species life cycle stages such as soft shell lobsters following summer molt periods.

With the introduction of Scallop Production Area (SPA) zones in 1996, scallop stocks in the Bay of Fundy are managed based on stock specific characteristics. Each SPA is designed to include one or more scallop beds that contributes to recruitment in that area or one or more adjacent areas.

This approach also provides the basis for a more detailed analysis of the traditional and non-traditional fishing areas through the Bay of Fundy. For example, this enables special rules to be applied to specific areas where biological conditions are not sufficient to allow scallops to grow to generally acceptable sizes as in the regular commercial fishery. Therefore, licence holders are more able to take advantage of these marginal areas under different rules established specifically for that area.

Scallop Fishing Area 29

The SFA 29 West of 65°30’ scallop fishery season (June to August) is based on an agreement between the lobster fishers to avoid gear conflict and interference with the lobster migration and molting season.

The SFA 29 East of 65°30’ fishing season is from May 1 through to April 30. The licence conditions reflect baseline closures developed in conjunction with other fishery sectors and the seasonal access to other areas from East of 65°30’ to Cape North.

1.6 Governance

1.6.1 Legislation, Regulations and Licensing Policy

The inshore scallop fishery is managed and regulated through the following acts, regulations and policies:

Fisheries Act,
Department of Fisheries and Oceans Act, 1985
Oceans Act, 1996
Species at Risk Act (SARA), 2002

Fishery (General) Regulations, 1993
Atlantic Fishery Regulations, 1985
Management Contaminated Fishery Regulation (MCFR)
Aboriginal Communal Fishing Licence Regulations, 1993
Musquash Estuary Marine Protected Area Regulations

Sensitive Benthic Area Policy
By-catch Policy
Aboriginal Fisheries Strategy
Commercial Fisheries Licensing Policy for Eastern Canada, 1996
Precautionary Approach Framework

Inshore scallop licences are issued pursuant to the absolute discretion of the Minister of Fisheries and Oceans as per Section (7) of the Fisheries Act. The issuance of licence conditions is pursuant to Section (22), Fishery (General) Regulations.

The policies governing the issuance of these licences, including licence re-issuance and transfer, licence conditions, vessel replacement policy, fisher and vessel registrations and general policy guidelines may be found in the 1996 Commercial Fisheries Licencing Policy for Eastern Canada and other approved licencing policy documents. The Inshore East of Baccaro scallop fleet has a licence transfer policy specific only to that fleet (Appendix 5).

1.6.2 Advisory Committees and Working Groups

The Inshore Scallop Advisory Committee (ISAC) is currently the formal advisory body for all inshore scallop consultations for the Bay of Fundy.

Consultations affecting issues specific to any one or more fleets in the Bay of Fundy are addressed by utilizing smaller Working Groups that are representative of the particular fleet(s). Smaller working groups are also utilized to provide a forum for discussion on issues that are difficult to deal with at the larger committee. This has provided an effective forum to develop fleet specific recommendations that are presented to the ISAC for final discussion and recommendation for approval where necessary.

Scallop Fishing Area 29 West Advisory Committee has been revised based on the 2009 DFO SFA 29 West decision to have an integrated scallop fleet with appropriate representation from the fleets that comprise the new combined scallop fleet and the addition of lobster licence holder representation. This is the formal advisory committee for all scallop consultations for the SFA 29 West scallop fishery.

The Scallop Fishing Area 29 East Advisory Committee was formed in 2010 as the forum for scallop consultations for SFA 29 East of 65°30’ west longitude. In the past there were two advisory committees for this area. The Southwest Nova Scotia East of Baccaro Advisory Committee was responsible for the area between Pennant Point west to the Baccaro Point line at longitude 65 30 W and the Eastern Nova Scotia East of Baccaro Advisory Committee was responsible for the area from Pennant Point east to Cape North.

See Appendices 6, 7 and 8 for the Terms of Reference for the Advisory Committees.

1.6.3 Regional Advisory Process

The Canadian Stock Assessment Secretariat (CSAS) through the Regional Advisory Process (RAP) provides science advice on the status of the stocks. Industry participates in the peer review meeting of the stock advice. The stock status advice in the form of a Stock Advisory Report (SAR) and /or a Research Document or a Science Response is a primary input for the consultations on management of the fishery at the advisory committee. Research Documents, SARs or Science Response documents are available from the DFO CSAS website.

1.6.4 Approval Process

Recommendations and advice to DFO on the management of the inshore scallop fisheries are provided through the appropriate Advisory Committees. This information is reviewed and accessed prior to decisions and/or approvals granted by Senior Management Officials within DFO.

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