Inshore Scallop - Maritimes Region

4. MANAGEMENT ISSUES

4.1 Fisheries Issues

4.1.1 Small Scallops

There is general agreement by the inshore scallop fleets that small scallops (juveniles) should be protected from growth overfishing. This would provide larger animals for spawning and when recruited to the fishery at the larger size would maximize yield where there is a premium paid for larger meats also landed value. There have been industry initiated closures in the Bay of Fundy to protect specific areas where above average numbers of juveniles were confirmed. This has been successful in some inshore areas and not in others. For several years an industry funded meat weight or port sampling program was used to provide information on the percentage of small scallops (<11g) in the catch however it has since been cancelled.

4.1.2 Bycatch

There are minimum scallop shell height size limits for the Bay of Fundy, SFA 29 West and SFA 29 East and licence holders although permitted blended meat counts must discard all undersized scallops.

The inshore scallop fleets fishing the Bay of Fundy are permitted to retain and land a bycatch of monkfish. Currently there are no quotas or size limits on the monkfish bycatch. The SFA 29 West and SFA 29 East fisheries are not permitted retention of any bycatch species. According to licence conditions unless otherwise stated all bycatch must be returned to the water from which it came causing the least harm.

In some areas of the Bay of Fundy and in SFA 29 West there have been concerns from the lobster industry about the bycatch of lobster. After discussions with the lobster industry the SPA 3 scallop seasons are June 1st until September 30th and October 1st through to November 15th with St Mary’s Bay open for 45 days of scallop fishing starting June 1. The SFA 29 West scallop season is mid to late June until August 31st with at-sea observer coverage required to assist on addressing any lobster bycatch issues.

During 2009/2010 a SARA bycatch project was conducted to determine the species structure of bycatch in the inshore scallop fishery with special interest on SARA listed species or species that may be proposed for listing. The results have been published in Sameoto and Glass (2012).

A national DFO By-catch Policy was approved in 2014 and provides guidance for DFO and industry to address by-catch in a fishery.

4.1.3 Catch Monitoring

The inshore scallop fleets are required to participate in a catch monitoring program through a third party Dockside Monitoring Company (DMC). The Bay of Fundy fleets are required to hail out before leaving port to an Interactive Voice Recognition Centre (IVR) to start their fishing trip. The Full Bay and eligible Inshore east of Baccaro fleets are required to hail out six hours to the IVR prior to leaving port to start their fishing trip in SFA 29 West. All inshore scallop fleets are required to hail in to a DMC at least two hours prior to returning to port. There have been concerns with noncompliance with the hail time requirements.

The fleets are subject to varying levels (25% to 100%) of dockside weight verification by DMC. This results in different requirements for fleets fishing the same area and stock. For several years some licences from fleets currently at 25% and 50% weight verification consistently do not meet the requirement of 25% or 50% of their trips being verified by dockside observers.

There have been reports and violations concerning inaccurate reporting of landing information. The inshore scallop fishery is permitted to conduct non-offload hails. A non-offload hail is when the licence holder/operator hails in the vessel will land at port but will not offload any of the catch and then with a hail out returns the next day to the same area they were fishing to complete their trip. Although illegal during the time a vessel is in port after a non-offload hail, there have been instances when scallops have been offloaded. Such scallops offloaded, would not be accounted for when the catch has been officially offloaded and therefore these scallops would not be counted against the quota.

4.1.4 Species Interactions

The use of drags in the scallop fishery has the potential to impact a range of other species, similar to other commercial fisheries utilizing various types of mobile gear.

One of the concerns in the inshore scallop fishery is the interaction with fixed gear, especially lobster traps. To lessen the potential for interaction to scallop fishing during times of the year when lobster gear is concentrated in areas of scallop beds there have been provisions made to modify the scallop seasons in those particular areas. These fisheries have co-existed for decades with fishers in each sector ensuring their interests are discussed through the advisory process and addressed in applicable fishing plans. As overall management moves toward incorporating broader “ecosystem” properties within fisheries management plans, the possible interactions between fisheries for both targeted and non-targeted species and/or habitats will continue to be given a high priority.

4.1.5 Fleet Rationalization

Since the scallop fleets became limited entry there has been concern about overcapacity in the fishery. The cyclical nature of the scallop resource contributes to this concern. With the Mid Bay and Inshore East of Baccaro fleets, the concern is latent effort as there are a significant numbers of licences in both fleets that have not been actively fishing for 15 years and longer. With the DFO policy in limited entry fisheries that as long as the licence fee is paid then the licence is valid, although the licence holder has not fished, there has been minimal retirement of licences. These licences are subject to the owner/operator policy unless the grandfather provision which allows a designated operator for the licence applies to the individual licence.

In 2007 the Full Bay Fleet became exempt from the owner/operator provision and fleet separation policy. This exemption can provide additional opportunities for rationalization of this fleet.

When the Full Bay Fleet ITQ program was initiated, rationalization of the fleet was one of the goals and although the program had resulted in some quota rationalization, it did not address the issue of zero quota licences (no permanent quota share) continuing to participate in the fishery. Since 2012, a Full Bay licence must have a minimum permanent quota share of 0.49% before it can be authorized to fish scallops.

4.2 Depleted Species Concerns

A number of Canada’s marine wildlife species are considered to be at risk of extinction or extirpation. Ensuring protection and promoting recovery of at-risk species is a national priority. To this end, Canada developed the Species at Risk Act (SARA) and a number of complementary programs to promote recovery and protection of species considered to be extirpated, endangered, threatened or of special concern under SARA or identified as such by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC). The protection and recovery of species at risk involves the development and implementation of species-specific recovery strategies, action plans and management plans. Recovery plans identify population objectives, threats and critical habitat for one or more species and propose activities to achieve recovery. Action plans provide the details on management measures and timelines. In the case of species of special concern, a management plan to prevent species from becoming threatened or endangered is required. Based on these recovery plans the Minister of Fisheries and Oceans Canada may approve a recovery strategy that would allow for an incidental bycatch in a commercial fishery.

Should additional species be identified under SARA, this plan recognizes there will be a need to address potential harm to these new species. Industry will be consulted as required to develop any necessary strategy to mitigate this harm.

Subsection 32(1) Species at Risk Act prohibits harm to any species of wildlife that is listed as “threatened” or “endangered”. However, subsection 83(4) of that same Act can exempt certain activities provided that

• the activity is authorized under an Act of Parliament;
• the activity is permitted in a management plan; and
• the activity will not jeopardize the survival or recovery of the species.

4.2.1 Atlantic Wolffish

Of the three species of wolffish found on the east coast of Canada, the Atlantic wolffish (Anarhichas lupus) is common on the Scotian Shelf and is caught in shallow waters nearshore. In the southern edge of its range, it is found from the Scotian Shelf to the Gulf of Maine. Atlantic wolffish are sedentary, with low fecundity, and engage in nest building and brood guarding. They feed primarily on echinoderms, molluscs and crustaceans. Atlantic wolffish are listed in SARA Schedule 1 as of Special Concern and are protected under the Species at Risk Act.

Two other wolffish species with more northerly distributions, Spotted wolffish (Anarhichas minor) and Northern wolffish (Anarhichas denticulatus), were declared threatened in 2001 by COSEWIC (Committee on the Status of Endangered Wildlife in Canada) and are listed in SARA Schedule 1 as Threatened and are protected under the Species at Risk Act.

The life-history characteristics and behaviours of all wolffish species could potentially result in incidental wolffish bycatch in inshore scallop dredge fishing operations. Discards must be returned to the water in the manner that causes the least amount of harm.

For details, see: DFO Recovery Strategy for the Northern Wolffish (Anarhichas denticulatus) and Spotted Wolffish (Anarhichas minor), and Management Plan for Atlantic Wolffish (Anarhichas lupus) in Canada http://www.sararegistry.gc.ca/virtual_sara/files/plans/rs_Atlantic_Northern_and_Spotted_Wolffish_0208_e.pdf

4.2.2 Winter Skate

Winter skate (Leucoraja ocellata) possess life history characteristics that increase vulnerability to exploitation, reduce recovery rates, and increase the risk of extinction, including delayed age at maturity, long generation time, low fecundity, and slow population growth rate. The Eastern Scotian Shelf Winter skate population has a COSEWIC designation of Threatened and is undergoing the species listing process under the Species at Risk Act. The Georges Bank-Western Scotian Shelf-Bay of Fundy Winter skate population has a COSEWIC designation of Special Concern and is also undergoing the species listing process under the Species at Risk Act. Hence, neither population has a SARA status as of September 2014.

Skate species can be found as bycatch in the inshore scallop dredge fishery. All Winter skate discards must be returned to the water in the manner that causes the least amount of harm.

For more information, please visit the Species at Risk Public Registry at https://www.canada.ca/en/environment-climate-change/services/species-risk-public-registry.html.

4.3 Ecosystem Management Considerations

Ecosystem management concerns include protecting endangered, rare and unique species and their habitats, conserving areas of natural biological diversity, high productivity and critical/essential habitat, avoiding ecosystem alteration, degradation and habitat fragmentation, and avoiding interruption of migration routes. Addressing the objective to conserve habitat integrity is important to avoid habitat changes from human use. The introduction and spread of invasive species and environmental changes related to climate change are also important considerations.

Information on important and sensitive habitat is essential for implementation of the DFO Sensitive Benthic Areas Policy. Management measures to address threats include adopting technologies that cause less disturbance, promoting codes of best practice, ensuring compliance, using temporal and spatial management measures (e.g., marine protected areas and fisheries closures).

The inshore scallop fishery is one of many ocean users and over time the cumulative impacts from all industry sectors, including oil and gas, transport, etc., must be considered for the effects on the ocean in general. In addition, the development of processes for avoiding and resolving conflict among various ocean users and interests is important.

4.3.1 Marine Protected Areas

The establishment of Oceans Act Marine Protected Areas (MPAs) is a specific regulatory tool that may be used to protect important, sensitive or representative marine communities and assemblages. MPAs are marine zones that are given enhanced protection under Oceans Act regulations. The regulations impose restrictions or special requirements on activities conducted in a specific area, and certain activities may be prohibited in all or part of an MPA.

Musquash Marine Protected Area

The Musquash Estuary MPA is located along the New Brunswick coast of the Bay of Fundy, approximately 20 kilometres southwest of Saint John. The Musquash ecosystem provides habitat for commercial and noncommercial fisheries and wildlife. It is considered unique given its large size and relatively undisturbed condition as a functioning estuary and salt marsh complex. Commercial scallop fishing is permitted in Zone 3 only (across the headland entrance to the Musquash estuary). Recreational or manual fishing is permitted throughout the MPA. Licence conditions state that the licence holder/ operator is required to comply with the Musquash Estuary Regulations. Information on the Musquash Estuary Marine Protected Area can be found in Musquash Estuary Marine Protected Area Regulations, SOR/2006-354.

4.3.2 Bay of Fundy Horse Mussel Reefs

Horse mussel (Modiolus modiolus L.) reefs exist in the Bay of Fundy in the upper and middle portion of the Bay north of Digby off Margaretsville, NS. The locations of these reefs have been identified by Natural Resources Canada and DFO Science. About 1,100 mid-Bay mussel reefs were mapped and measured by Natural Resources Canada in 2009 using multibeam bathymetry and backscatter strength maps.

The reefs are long, thin parallel structures at 40–100 m depth (median depth 76 m), covered with hydroids and associated epifauna. The reefs range from 32 m to 2 km long, with median length of 185 m and, on average, are several meters high. The total area covered by the mapped reefs in the surveyed area of the Bay of Fundy is 7.3 km2. The horse mussel reef features are shown in the DFO map below (Figure 4.1).

The mapping of logbook fishing locations and the VMS data indicated that the scallop fishery avoids the areas of the mussel reefs.

DFO Oceans and Coastal Management Branch

4.4 Gear Impacts

The inshore scallop fishery is conducted using scallop drags. Scallop drags interact with the bottom and species living there. Gear modifications have occurred over the years. As industry and government strive to reach a balance that will maintain catch efficiency and make progress on bycatch and ecosystem objectives there will be gear modifications. However, to this point, no gear alternative to the scallop drag exists for fishing at sea at the depths scallops are harvested and with the tides in the Bay of Fundy.

Although scallop drags remain the only option for commercial harvesting inshore, the fleet has been able to significantly reduce its foot print on the ocean floor in other ways. There has been a reduction on active fishing vessels by some of the inshore fleets. When the Full Bay fleet implemented the Individual Transferable Quota regime the number of active licences decreased to 56 licences and has varied between 54 and 80 licences since then. The active number of eligible Inshore East of Baccaro licences holders fishing in SFA 29 West varies from 20 to 35 a year from a possible 64 again due to the ITQ system. Through an industry- government agreement, sea bed mapping was completed in SFA 29 West which has reduced the hours towed in this area and focused the effort on areas with the appropriate bottom type for scallop beds. Preliminary seabed mapping surveys have been completed for the Bay of Fundy however the maps are currently not available to the industry. Once available, the maps will allow the scallop industry to focus fishing on scallop bottom type.

Occasionally an individual bucket or a gang of scallop gear is lost. An inshore gang of scallop gear is expensive to replace and if lost and not recovered requires a return to shore to acquire another set. This is costly as it disrupts the fishing trip and possibly delays any further trips until and other set of gear is available. Most inshore scallop vessels have accurate GPS to identify the location of the lost gear and a grapple on board that can be used to attempt gear retrieval. A vessel may have an extra bucket on board so that if a bucket is lost, it can be replaced and the fishing trip completed. In any case, lost scallop drags do not contribute to “ghost” fishing.

4.5 International Issues

4.5.1 Marketing

Effective January 2010 the European Union (EU) has introduced regulations that require fish and seafood products to have a government validated catch certificate confirming the product is from a non illegal, unreported and unregulated fishery. A new Catch Certification Office (CCO) has been created by DFO to provide client services to the fishing industry affected by the new EU regulation. The services will be offered through a web-based system (Fisheries Certificate System) that will accept applications from industry for validation from CCO and audit and verification by Conservation & Protection.

Further information can be found at Exporting and importing fish.

4.5.2 Transboundary

In October 1984, a binding decision by the International Court of Justice (ICJ) decision established the official boundary between Canada and the United States (US) in the Gulf of Maine known as the “Hague Line”. The ICJ decision did not address overlapping claims within the 12 mile limit. As a result, an area of approximately 259 km2 surrounding Machias Seal Island, commonly referred to by industry as the “Grey Zone” remains in dispute. The authority for the Canadian claim is found in the Oceans Act, Fishing Zones of Canada (Zone 4 and 5) Order. The authority for the US claim is taken from the US Federal Register/Vol. 60: No 163/ Wednesday August 23, 1995 / Notices. 43825.

The Grey Zone area is prosecuted by both Canadian and American fishers, specifically on the New Brunswick side of the Bay of Fundy surrounding Machias Seal Island. This is not unique to the scallop fishery but also exists in other fisheries such as lobster, sea urchin and groundfish. Both Full Bay and Mid Bay fleets are permitted access to fish scallops in this area through a separate approved Multi-species Grey Zone Management Plan.

Both formal and informal discussions take place occasionally between Canadian federal officials and industry stakeholders and United States federal and state government officials, organizations and fishers; however, to date the jurisdiction in this area has not been resolved.

4.5.3 Certification – EcoLabelling

The Marine Stewardship Council (MSC) is an international non-profit organization established to promote sustainable fisheries. The MSC runs the most widely recognized environmental certification and eco-labeling program for wild capture fisheries. MSC certified fish products are supposed to come from fisheries that meet environmental standards for sustainable fishing and are marked with an ECO label to show they come from a certified sustainable source.

In July 2013 the Full Bay Fleet achieved MSC certification for the Bay of Fundy and SFA 29 West with conditions. Should the other fleets wish to participate in the MSC certification they can contact the Full Bay Fleet about sharing the certificate. The first and second audits have been completed with progress made on the conditions.

More information on the MSC is available on-line at: http://www.msc.org

5. OBJECTIVES

There are five overarching objectives that guide fisheries management planning in the Maritimes Region. They 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 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 habitat in order to safeguard both physical and chemical properties of the ecosystem.

Social, cultural and economic objectives

4. Culture and Sustenance: Respect Aboriginal and treaty rights to fish.
5. Prosperity: Create the circumstances for economically prosperous fisheries.

The conservation objectives are those from the Maritimes Region’s framework for an ecosystem approach to management (EAM framework). They require consideration of the impact of the fishery not only on the target species but also on non target species and habitat. (See Appendix 14 for a summary of the regional EAM framework.)

The social, cultural and economic objectives reflect the Aboriginal right to fish for food, social and ceremonial purposes. They also recognize the economic contribution that the fishing industry makes to Canadian businesses and many coastal communities. Ultimately, the economic viability of fisheries depends on the industry itself. However, the Department is committed to managing the fisheries in a manner that helps its members be economically successful while using the ocean’s resources in an environmentally sustainable manner.

For the purposes of sustainability certification, these five objectives are considered by DFO to be the long term objectives for the fishery.

6. STRATEGIES AND TACTICS

This section of the IFMP presents the strategies and tactics being used in this fishery to achieve the objectives listed in Section 5. For a general description of strategies and tactics in the context of the regional EAM framework, see Appendix 14.

Reference Points for the Bay of Fundy

The following Lower Reference Points (LRP) for SPA 1A, 1B, 3 and 4 were reconfirmed at the Inshore Scallop Advisory Committee (ISAC) meeting in December 2013. Also the candidate LRP for SPA6 was agreed on at the meeting. ISAC also agreed on Upper Reference Points (URP) for SPAs 1A, 1B, 3, and 4 with SPA 5 managed with SPA 4. At the ISAC meeting in 2014 the candidate URP for SPA 6 was confirmed. These candidate reference points will be subject to evaluation. Harvest Control Rules have been developed for all SPAs but SPA 6.

The Bay of Fundy and approaches LRPs and URPs are listed below:

• SPA 1A - LRP = 480 t, URP = 1,000 t
• SPA 1B - LRP = 880 t, URP = 1,800 t
• SPA 3 - LRP = 600 t, URP = 1,000 t
• SPA 4 - LRP = 530 t, URP = 750 t
• SPA 5 - no LRP or URP, managed with SPA 4
• SPA 6 - LRP = catch rate of 6.2 kg/h, URP = catch rate of 9.1kg/h

The Removal Reference Point or RRP remains at e= 0.15

All SPAs are currently in the Healthy Zone

Reference points for Scallop Fishing Area 29 West of 65°30 west longitude (SFA 29 West)

There are currently no reference points available for the SFA 29 West scallop fishery, however with the use of the new habitat suitability model, candidate reference points are under development.

For the purposes of sustainability certification the strategies outlined in the table are considered by DFO to be the short term objectives for the fishery.

6.1 Productivity

The inshore scallop fisheries use TACs and quotas to help keep fishing mortality moderate. The results of the 2003 Bay of Fundy scallop OBFM Framework was to implement a reference point of not exceeding the exploitation rate of 0.2. In 2009 this removal reference point was revised to e=0.15. Until 2013, the trends of several indices, such as stock survey and catch rate, and exploitation rates have been used to provide advice for catch limits in other SPAs and SFA 29 West. The Removal Reference of e=0.15 is currently used along with the LRPs and the USRs for the modeled SPAs (1A, 1B, 3 and 4/5). The LRP and URP for SPA 6 are based on average catch rates.

A new framework assessment methodology for SFA 29 West was accepted in February 2014 that uses a habitat-based population model for subareas A–D. The model is based on a scallop habitat map however this map does not cover SFA 29 West E. It is anticipated that this methodology will be used in the development of reference points for SFA 29 West.

There should be sufficient escapement of small scallops from the gear and all undersized and juvenile scallops caught in the drags are returned to the water as soon as possible. This escapement from exploitation provides an opportunity for growth and increased yield as well as providing an opportunity to spawn when mature.

Measures such as seasons, meat count limits, minimum shell height limitations and minimum meat weights are also used to target fishing on the larger scallops which have higher yield.

Scallop bycatch in other commercial fisheries must be monitored and recorded in the logbook for size and quantity prior to returning to the water, and this information should be available in the commercial database for use when determining fishing mortality.

Fishing mortality within the recreational fishery is controlled through catch limits and seasons. Fishing mortality within the FSC fishery is identified in the FSC licences as either an overall quota or a specific amount per person.

6.2 Biodiversity

In the Bay of Fundy, the only non-target species that may be retained is monkfish. In SFA 29 there is no retention permitted of non-target species including Monkfish.

Incidental mortality should be controlled. Currently all incidental bycatch species (other than monkfish in the Bay of Fundy) are returned back to the water from which they came and in a manner that causes the least harm. With respect to SARA species, such as the Atlantic Wolfish, the inshore scallop fishery supports the recovery plans and increased protection of the species.

6.3 Habitat

Consideration must be given to the conservation of the diversity of benthic and demersal species and communities susceptible to disturbance. The Maritimes Region currently has two Marine Protected Areas (The Gully and Musquash), which protect sensitive habitats in this bioregion from bottom-contact fishing. The Musquash MPA regulations limit commercial scallop fishing to a portion of the MPA (Zone 3). Recreational scallop fishing is permitted throughout the MPA.

In the Bay of Fundy there are horse mussel reefs in the middle of the upper portion of the bay, north of Digby off Margaretsville, NS that are unique to that area and form an important component of the biodiversity of the community. VMS tracks have indicated there is little to no scallop fishing with in these areas.

The inshore scallop fleet will continue to consider its impact on other sensitive areas as these are identified under recovery strategies for species at risk, the Department’s Policy for Managing the Impacts of Fishing on Sensitive Benthic Areas, By-catch Policy and other initiatives.

More generally, a tactic for managing habitat disturbance is to limit the percentage of area disturbed and the frequency of disturbance. With seabed mapping in SFA 29 West the fishing is concentrated on the preferred scallop habitat, therefore limiting area disturbed. In the Bay of Fundy, the scallop beds are well defined, confirmed by plotting and sharing the VMS tracks has helped decrease the footprint on the sea bottom.

The amounts of contaminants and toxins such as fuel, oil or other chemicals introduced in the environment should be limited to preserve the physical and chemical characteristics of the ocean bottom and water column. Dumping of such items in the ocean is not permitted. The monitoring of contaminants is carried out by other federal and provincial departments and agencies according to specific guidelines.

In terms of reducing debris introduced into the environment, the captain is responsible to ensure debris is not disposed of at sea and instead is held to be disposed of when landing at port.

The amount of lost gear for the inshore scallop fishery is very low, and when gear is lost every attempt is made to recover the gear. There is no ghost fishing of Scallop drags.

6.4 Culture and Sustenance

The inshore scallop fishery supports culture and sustenance through the provision of FSC licences. DFO has negotiated annual FSC scallop fishing access near shore using diving and dipping with several of the First Nations and Aboriginal groups. Access by Aboriginal organizations to the commercial fishery was provided through communal commercial scallop fishing licences and quota shares, which were negotiated after the Marshall Decision, along with assistance to learn fishing practices.

First Nations organizations participate in the commercial fishery advisory committees and working groups.

6.5 Prosperity

Flexibility is provided to the inshore scallop fishery through the transfer of licences and for the Full Bay fleet individual quotas (in-season and permanent transfers). In-season quota transfers are permitted between aboriginal and non-aboriginal licence holders holding Full Bay licences. Individual Transferrable quotas allow adjustment of capacity to resource availability.

The Full Bay fleet is exempt from owner/operator and fleet separation policies, which assists with fleet rationalization.

The Commercial Fishing Licensing Policy for Eastern Canada, 1996 outlines the guidelines for licence holders to identify a substitute operator to access the fishery when the licence holder is ill or otherwise unable to operate their vessel. The substitute operator may not exceed a total period of five years.

Instability in access to the resource is minimized through the provision of fleet quotas through established sharing arrangements. While the TAC may fluctuate in response to changes in scallop abundance, fleets can be sure that their sector will retain a certain portion of the TAC to harvest.

The Marine Stewardship Council (MSC) certification of the Bay of Fundy scallop fishery was announced in July 2013. DFO supports the certification for sustainability by providing information, data to support the assessment for certification and the Action Plan submitted to the MSC. DFO contributions are limited to those that align with DFO annual work planning activities.

DFO supports recreational access to scallops through licences and conditions and representation at advisory committees.

6.6 Insignificant Pressures

Inshore scallop fishing activities are not thought to contribute appreciably to several of the conservation related pressures that form part of the EAM framework. The strategies associated with these pressures will not be considered further in this IFMP.

• There is no concern that the activity of the inshore scallop fishery affects the reproduction of the scallops therefore there is no need to allow sufficient escapement from exploitation for spawning or limit disturbing activity in important reproductive areas/seasons.
• There is no concern the inshore scallop fishery contributes to the alteration of essential nutrient concentrations affecting primary production.
• There is currently no concern to distribute population component mortality in relation to component biomass
• There is no concern that the inshore scallop fishery would pose an unacceptable risk for introduction and transfer of invasive species or for the introduction and proliferation of disease or pathogens.
• With respect to aquaculture escapees there is no concern as the species occurs naturally with the benthic community.
• The inshore scallop fishery is not considered to be a significant source of noise or light disturbance.
  

7. ACCESS AND ALLOCATION

7.1 Sharing Arrangements

7.1.1 Bay of Fundy

There are portions of SFA 28 in the Bay of Fundy where access to the resource is shared between the Full, Mid and Upper Bay fleets. Since the late 1990’s there have been discussions of various sharing options for those areas and the fleet share percentage was discussed and agreed on an annual basis at the ISAC meeting. As there was no long-term resolution to this issue, in 2005 an ad hoc ISAC Sharing Formula Working Group was created as a forum for the industry representative to discuss sharing options for SFA 28 B, C, and D or as they are usually referred to SPA 1B and SPA 6.

In the fall of 2007 a sharing arrangement for the Full, Mid and Upper Bay fleets fishing the Bay of Fundy and approaches was approved and it was implemented for the 2008 season. The sharing arrangement is as follows:

• SPA 6 – Full Bay = 15%, Mid Bay = 85%
• SPA 1B (SFA 28B portion) – Full Bay = 60 %, Mid Bay = 40 %
• SFA 28C – Full Bay = 35 %, Mid Bay = 44 %, Upper Bay = 21 %
• SFA 28D – Full Bay = 10 %, Upper Bay = 90 %
• SFA 28A – Full Bay = 100%

7.1.2 SFA 29 West

Prior to the 2002 SFA 29 West fishery, DFO implemented a sharing arrangement for SFA 29 West of 65°30 that provided 25% of the TAC to the East of Baccaro fleet and 75% of the TAC to the Bay of Fundy Full Bay fleet. To ensure an orderly fishery DFO approved the allocation to the East of Baccaro be split equally among the eligible East of Baccaro licence holders. The Full Bay Fleet would use the same formula as applied to determine the individual shares in their Bay of Fundy fishery.

In June 2009 the TAC sharing arrangement was changed to 65% for the Full Bay fleet and 35% to the eligible East of Baccaro licence holders.

7.2 Quotas and Allocations

7.2.1 Bay of Fundy fleets

Since 1997, the Full Bay has had an ITQ program that initially provided individual licences a specific share of the quota and also authorized permanent quota share transfers and temporary inseason transfers (Appendix 11a and b). Currently any quota overruns must be reconciled to zero before the next season.

In 2012, to address the concerns about zero quota licences and the inability to apply quota reconciliation to any unresolved quota overruns, the requirement that a Full Bay licence had a minimum permanent quota share of 0.49% before it would be authorized to fish scallop was implemented for the Bay of Fundy.

In 2015 quota carry forward of up to 15% of the quota allocated to each licence but not including any temporary quota transfers was implemented for the Full Bay Fleet fishing in the Bay of Fundy scallop fishery.

The Mid Bay Fleet and the Upper Bay fleets maintain a competitive quota program by fleet. Quota carry forward of up to 15% of the Mid and Upper Bay quota share was approved for the two fleets for the 2015 fishing season.

7.2.2 SFA 29 West

Full Bay and eligible Inshore East of Baccaro licence holders manage the SFA 29 West quota with an ITQ program. Prior to 2009, the Full Bay were authorized to conduct permanent quota share transfers and temporary inseason transfers within their fleet only and the eligible East of Baccaro were only authorized to conduct temporary inseason transfers. For the 2009 fishing season temporary inseason quota transfers were also authorized between the fleets. In 2010, as the two fleets are managed as one quota group, authorization of permanent quota share transfers between the fleets were initiated. At the same time, the requirement that a licence had a minimum permanent quota share of 0.49% before it would be authorized to fish scallop was implemented in SFA 29 West for the Full Bay fleet and eligible Inshore East of Baccaro licence holders in 2010.

The percentage shares by licence are available in Appendix 12a. The quota transfer guidelines for those eligible to fish in SFA 29 West are available in Appendix 12b.

7.2.3 Recreational Scallop

The recreational scallop fishery has a limit of 100 scallops per day per licence holder. In consultation with industry through the advisory committee the number of scallops allowed per day for a specific area and/or for a specific time period may be changed using a DFO Variation Order.

7.2.4 Aboriginal Food, Social and Ceremonial

Many of the First Nations and Aboriginal organizations have negotiated FSC agreements that outline the species, method of capture and any catch limits in terms of number of a species or amount that may be landed. In the case of scallops the fishing method described in the FSC licence is diving or dipping. However DFO has received requests from four First Nations involved in the commercial scallop fishery to fish a FSC allocation using their commercial communal scallop licence, vessel and gear. These requests are reviewed on a case by case basis by DFO.

7.2.5 General

The Minister can, for reasons of conservation or for any other valid reasons, modify access, allocations and sharing arrangements as outlined in this IFMP in accordance with the powers granted pursuant to the Fisheries Act.

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