Notices to Fish Harvesters

Conservation Harvesting Plan

Date of Notice

4RST ATLANTIC HALIBUT

FIXED GEAR FLEET LESS THAN 19.81 M

UNDER INDIVIDUAL TRANSFERABLE QUOTAS (ITQ)

MAGDALEN ISLANDS

SEASON 2023-2024

Approved June 12, 2023

1. Application

This Conservation Harvesting Plan (CHP) for Atlantic Halibut applies to groundfish license holders in the Magdalen Islands fixed gear fleet under 19.81m when directing for Atlantic halibut in Divisions 4RST from May 15, 2023, to May 14, 2024.

Please note that:

  • this CHP remains subject to change following ministerial decisions;
  • directed fishing for any other groundfish species requires a separate CHP;
  • when fishing in a NAFO division other than those indicated in this CHP, the CHP for that division applies;
  • the target species during a fishing trip is the species for which the fisher holds valid Conditions of licence;
  • round weight is the weight prior to any processing.

2. Fishing areas

Based on valid Conditions of licence and subject to a Variation Order, licence holders are authorized to fish Atlantic Halibut fishing in Northwest Atlantic Fisheries Organization (NAFO) Divisions 4RST.

The coordinates of the fishing areas are available at the following address: Commercial Fisheries

3. Fishing Areas closures

3.1. Protection of fish during the spawning and cod concentrations

The protection of fish during the spawning period and in areas where there are concentrations of juveniles is a priority that DFO and the industry consider very important for the recovery of cod stocks in the Gulf of St. Lawrence. To achieve this objective, the details of the closure areas are summarized in Table 1.

Description of areas and closure period during spawning and cod concentrations.

  • Application and Zone Description: Closure of all groundfish fisheries in a part of NAFO Division 4R offshore from St. George’s Bay and Port-au-Port Bay, a recognized spawning area.

    • Period of Closure: From April 1 to June 23
  • Application and Zone Description: Closure of all groundfish fisheries in NAFO subdivision 4T5 (Shediac Valley), which is recognized as a juvenile area.
    • Period of Closure: From January 1 to December 31
  • Application and Zone Description: Closure of all directed Atlantic Halibut fisheries in NAFO subdivisions 4T7 and 4T8.
    • Period of Closure: From January 1 to December 31
  • Application and Zone Description: Closure of the groundfish fishery in a part of subdivision 4T3 (Miscou Bank), recognized as a cod concentration area except the portion bounded by a line connecting points 2, 5, 6, 7, 8 and 2, which remains open to the Atlantic halibut fishery using fixed gear from June 24 to December 31. For more details, see the map below or contact a Fishery Officer.
    • Period of Closure: From January 1 to December 31

MAP: MISCOU BANK AND PORTION OPEN TO THE ATLANTIC HALIBUT FISHERY

MISCOU BANK AND PORTION OPEN TO THE ATLANTIC HALIBUT FISHERY

Point

Latitude (N)

Longitude (W)

1

48º15'00"

64º22'00"

2

47º52'00"

64º22'00"

3

47º52'00"

64º02'00"

4

48º15'00"

64º02'00"

5

48º09'00"

64º22'00"

6

48º09'00"

64º10'00"

7

47º55'00"

64º10'00"

8

47º52'00"

64º15'00"

Notes:

  • The lines connecting in order points 1, 2, 3, 4 and 1 represent the permanently closed area (in red), that is, part of the traditional Miscou box.
  • The lines connecting in order items 2, 5, 6, 7, 8 and 2 represent the open portion for the directed halibut fishery between June 24 and December 31 (green zone).

3.2. Coral and Sponge Conservation Areas in the Estuary and the Gulf of St. Lawrence

On December 15, 2017, Fisheries and Oceans Canada (DFO) created eleven coral and sponge conservation areas in the Estuary and the Gulf of St. Lawrence in order to protect areas with high concentrations of sponges and sea pens.

All fishing activities that use bottom-contact fishing gear or gear designed to come into contact with the sea bed, including but not limited to bottom trawls, dredges, gillnets, bottom longlines, bottom seines and traps, are forbidden in the conservation areas.

For more information and maps of the eleven coral and sponge conservation areas, please visit the dedicated DFO website: Coral and Sponge Conservation Measures in the Estuary and Gulf of St. Lawrence

3.3. Banc-des-Américains Marine Protected Area

On March 6, 2019, Fisheries and Oceans Canada (DFO) created, jointly with the Quebec government, the Banc-des-Américains Marine Protected Area (MPA) in order to conserve and protect this marine ecosystem.

Provisions of the Banc-des-Américains Marine Protected Area Regulations apply to licence holders. In order to comply with them, please refer to the clauses that apply to your fishing activities: Banc-des-Américains Marine Protected Area Regulations

3.4. Temporary Closure for Atlantic Halibut-directed fishery

Licence holders are advised that a temporary closure of part of the 4T is in place, considering the excessive by-catch of cod previously observed. This area will remain closed until further notice and is bounded by straight lines delineated by the following points:

Closed Area

Point

Latitude (N)

Longitude (W)

1

49°02’00"

64°10’00"

2

48°31’00"

62°37’00"

3

48°23’00"

63°08’00"

4

48°46’00"

64°10’00"

5

49°02’00"

64°10’00"

4. Fishing seasons

The fishing season will be 14 weeks and distributed as follows:

  • Period 1 (summer/fall): from August 13 to October 21 2023.
  • Period 2 (spring): from April 1st to April 26 2024.

The fishing season established above is in effect for the duration of this CHP. It represents the maximum period of fishing, subject to, among other things, specific orders and closed seasons. As such, openings may vary depending on specific circumstances and fishery management considerations, including industry requests, while closures may be anticipated, particularly following the attainment of quotas or when the likelihood of exceeding them is high. The accurate periods will be confirmed through Notices to Fish Harvesters or Variation Orders.

It should be reminded that it is the responsibility of the captain to acquaint himself with the marine safety notices published by Environment and Climate Change Canada and Transport Canada as well as with the standards and best practices in marine safety and to take all measures necessary to ensure a safe fishery during the period where fishing is authorized.

5. Number of licences and access

138 licence holders hold access to the area 4RST Atlantic Halibut quota allocated to the fixed gear fleet from the Magdalen Islands.

6. Quotas

The 4RST Atlantic Halibut quota granted to the fixed gear fleet from the Magdalen Islands is partly derived from the basic quota granted to the Gulf fixed gear fleets less than 19.81 m and partly from the allocation of the mobile gear fleet transferred to the fixed gear fleet, under the established sharing formulas.

On April 15, 2016, under the coordination of the Ministère de l'Agriculture, des Pêcheries et de l'Alimentation du Québec (MAPAQ), associations representing groundfish fishers with fixed gear agreed on an agreement to share the overall Atlantic halibut quota of the three geographic fleets in Quebec. DFO has recognized this agreement. It confirms an adjustment to the shares of the Quebec geographical fleets based on the overall quota of 502.18 t granted to these three geographical fleets and their relative shares of the Quebec allocation in 2015-2016.

The first 502.18 t are distributed as follows:

  • Quebec North Shore= 92.54 t (18.4277%)
  • Gaspe = 336.16 t (66.9401%)
  • Magdalen Islands = 73.48 t (14.6322%)

Any additional allocation granted to Quebec fixed gear fleets will be shared according to these percentages.

For the management year 2023-2024, the total quota allocated to the three Quebec geographic fleets corresponds to 1025.644 t. Therefore, the sharing of this quota is:

  • Côte-Nord = 189,002 t;
  • Gaspésie = 686,567 t;
  • Îles-de-la-Madeleine = 150,074 t.

7. Management regime

Individual Transferable Quota (ITQ).

Administrative guidelines of the ITQ program of the 4RST Atlantic Halibut of the Magdalen Islands fixed gear fleet of less than 19.81m are included in the regional directive, which is available on the DFO Quebec Region website at the following address for each fishery: REGIONAL GUIDELINES FOR THE MANAGEMENT OF INDIVIDUAL TRANSFERABLE QUOTA PROGRAMS

8. Fishing gear

The fishing gear authorised is the longline, whose hook opening must be equal to or greater than 15.4 mm. The number of hooks authorized varies according to the initial ITQ held by the licence holder. The maximum number of hooks authorized for each fisher is summarized in the following tab:

The maximum number of hooks authorized for each fisher

Levels

Initial ITQ

Maximum number of hooks authorized

1

Less or equal to 1185 kg

700

2

Higher than 1185 kg and less or equal to 1500 kg

1 050

3

More than 1500 kg

1 500

It is the responsibility of the licence holders to ensure that the immersion duration of their fishing gear do not  exceed 72 hours.

It is forbidden to have more fishing gear on board than  the maximum authorized for fishing under the allocation held.

The hooks must be removed from the water at the end of each fishing trip and prior to arrival at port.

9. Management measures to minimize the risks of interactions with the North Atlantic Right Whale

Since 2017, Fisheries and Oceans Canada has implemented additional management measures to protect marine mammals, including the endangered North Atlantic Right Whale, from entanglement in fishing gear and ship strikes. These measures take into account the best available scientific data and can be adapted if necessary to consider future developments regarding interaction prevention.

The following requirements have been implemented in order to reduce the risk of entanglement of North Atlantic Right Whales:

9.1. Amount of Rope Floating on the Surface of the Water

The following requirements have been in place to minimize the length of rope floating on the surface of the water and reduce the risk of North Atlantic Right Whales entanglements:

  • A maximum of 3.7 metres (2 fathoms) of a rope shall be used when a secondary buoy or buoys are attached to a primary buoy.
  • At the exception of the rope used to attach secondary buoys, no rope shall remain floating on the surface of the water at any time.

Note: A primary buoy is defined as a buoy or other floating device attached to a long line. A secondary buoy is defined as a buoy or other floating device attached to a primary buoy.

9.2. Fishing gear Marking

Licence holders using fixed gear must mark the rope to attach a fishing gear to a primary buoy with colours specific to the region, targeted species and fishing area in which they are authorized to fish. This requirement is intended to facilitate the identification of the area where entanglement has occurred. The following coloured markings are required for each fleet:

Coloured markings required for each fleet

Fleet

Twine colours for marking

Groundfish (longline)

Green-Pink

The gear marking requirement consisting of interlacing different coloured twine sections within existing rope must be implemented as follows:

  1. The first colour to identify a specific Region – to be interlaced on the same rope segment as the second colour.
  2. The second colour to identify the target Species is to be interlaced on the same rope segment as the first colour.

The above-coloured twine markings must be permanently interlaced within the rope. Each coloured twine must be interlaced in the rope on a minimum length of 15 cm. The use of paint or tape is not an acceptable alternative to twine.

The minimum requirements regarding the number and position of colour markings are detailed in the Conditions of licence.

For more information

All gear marking requirements and details have been published in the January 31, 2020 Notice to Fishers, available at the following link for each fishery: Notice to Fish Harvesters

9.3. Additional Identification of Buoys

In addition to the current regulatory requirement to mark buoys with the vessel registration number (VRN), licence holders are required to add a sequential number on each primary buoy in order to be able to identify each fishing gear individually. This additional requirement will help identify and retrieve lost fishing gear and could also help identify the sector where a whale may have become entangled.

The sequential number must be solid block Arabic numerals:

  • without ornamentation;
  • written on a smaller or bigger scale than the vessel registration number(VRN) so as to be capable of differentiating the number from the VRN; and
  • in a colour that contrasts with the buoy’s colour.

9.4. Requirement to report lost and retrieved gear

Lost gear reporting

Lost fishing gear is defined as any active fishing gear previously set by the licence holder and fishing vessel operator which was sought but not found.

The licence holder or fishing vessel operator must report any of their lost fishing gear within 24 hours of returning to the port at the end of the fishing trip. Reports of lost gear must be submitted to Fisheries and Oceans Canada (DFO) through the FISHING GEAR Reporting system available online at Fishing Gear Reporting System or by completing the Lost fishing gear form available online at Reporting requirements for commercial fisheries or in Annex of Conditions of the licence, according to instructions on the form.

Retrieved gear reporting

The licence holder or fishing vessel operator must report the retrieval of any of their own previously reported lost gear within 24 hours of returning to the port at the end of the fishing trip. Reports of retrieved gear must be submitted to Fisheries and Oceans Canada (DFO) through the Fishing gear reporting system available online at Fishing Gear Reporting System or by completing the Retrieval of previously reported lost fishing gear form available online at Reporting requirements for commercial fisheries or in Annex of Conditions of licence, according to instructions on the form. Retrieval can only occur during the validity period of the Conditions of licence and only in relation to the specific type of gear authorized to be used.

Retrieval can only occur during the validity period of the Conditions of licence and only in relation to the specific type of gear authorized to be used by the Conditions of licence.

9.5. What to do if you observe a North Atlantic right whale?

First of all, it is important to maintain a minimum distance of 100 meters from the animal and 200 meters if the whale is accompanied by a calve. Details regarding sightings of live and free-swimming right whales may be provided to DFO at: XMARWhalesightings@dfo-mpo.gc.ca or by phone at 1-844-800-8568. If you observe this species, please send us your contact information and information about the sighting (date, time, geographical position, number of individuals, etc.). If possible, you can also send us photos or videos.

If you see a right whale entangled in fishing gear, you should not under any circumstances attempt to release it on your own. The behaviour of an entangled individual is unpredictable and dangerous. You should contact "Marine Mammal Emergencies" at 1‑877-722-5346 as soon as possible to share information that will help to organize an appropriate response by experts (time and position of the entangled animal, behaviour of the individual, details on the weather and the state of the sea, etc.).

10. Marine mammal interaction reporting

In order to comply with the implementation of the US Marine Mammals Protection Act (MMPA) regulations, licence holders must provide information regarding all interactions with a marine mammal that occur during fishing expeditions including bycatch, collisions and all sightings of entangled marine mammals. To do this, the Marine Mammal Interaction Form must be completed and submitted by email to DFO.NAT.InteractionsMM-InteractionsMM.NAT.MPO@dfo-mpo.gc.ca within 48 hours after the end of a fishing trip.

A copy of the form is attached to the Conditions of licence and can also be downloaded and submitted online at the following address: http://www.dfo-mpo.gc.ca/species-especes/mammals-mammiferes/report-rapport/page01-eng.html.

The information provided on this form will be used by Fisheries and Oceans Canada (DFO) to estimate levels of accidental mortality and injury to marine mammals. This information will allow DFO to better assess the types of threats that may affect Canada's marine mammals and to develop mitigation strategies.

In addition, if you observe a dead or distressed animal, please contact Marine Mammal Emergencies as soon as possible at 1-877-722-5346. If possible, do not hesitate to take photos or videos that will allow DFO to assess the situation and identify the species.

11. Hail prior to departure

Hail out are mandatory.

Licences holders must contact the DFO hail out system the day before each fishing trip before 7:00 pm.

Starting the 2023 fishing season, new phone numbers 1-833-699-2013 (toll free) or 1‑506-431-3223 (satellite phone only) must be used. Hail out requirements are detailed in the conditions of licence.

12. At-sea Observer

The At-sea Observer Program, funded by the industry, applies to this group on the basis of a 10% minimum coverage of the fishing trips.

Prior to the beginning of a fishing trip, the licence holder must have entered into a valid agreement with a company designated by DFO – Quebec Region with regard to at-sea observer coverage.

If an individual or fleet is suspected of discarding groundfish at sea, in addition to other regulatory options, including fishery closures and court proceedings, there may be increased at-sea observer coverage.

13. Dockside monitoring

The Dockside Monitoring Program (DMP), funded by the industry, is mandatory for 100% of the landings.

Prior to the beginning of a fishing trip, the licence holders must have entered into an agreement with a company legally designated by DFO-Quebec Region with regard to at‑sea hail and fish landing, whose list is available at the following address: Qualified dockside monitoring companies

Landings must be made in one of the designated ports from the list posted on DFO’s Web site at the following address:

All catches must be weighed on a scale upon landing.

Once offloaded and weighed, no fish can be loaded into a fishing vessel.

14. Combined form/Logbook

A licence holder must acquire his booklet of Combined Forms from a prequalified supplier identified by DFO, whose list is available at the following address: Prequalified Suppliers, complete it in accordance with the instructions specified in the document and submit it to the dockside observer or another person designated by DFO at landing.

The Logbook section of this Form must be completed before arrival at the port on each fishing day.

15. Vessel Monitoring System (VMS)

Discussions with fleet representatives will continue over the next year regarding the implementation of VMS as early as the 2024-2025 season.

16. Incidental catches

By-catch is defined as the round weight (entire fish) of a by-catch species divided by the round weight (entire fish) of the directed species, in this case, Atlantic Halibut.

While directing for 4RST Atlantic Halibut, the authorized percentages of groundfish by-catch are:

Authorized Percentages of Groundfish By-catch

Species

By-catch

Cod

The greater of 30% or 45  kg per fishing trip;

Greenland Halibut

3% per fishing trip;

White Hake

10% per fishing trip;

Shark

The lesser of 10% or 500 kg per fishing trip.

Other groundfish species

10% per fishing trip.

Space and/or individual closures will be put in place for the fleet or part of the fleet when the by-catch limit is reached for one of the species listed above.

17. Small fish protocol

The minimum size of fish relative to the small fish protocol is:

The Minimum Size of Fish Relative to the Small Fish Protocol

Species

Minimum size

Cod  43 cm
American Plaice  30 cm
Witch Flounder  30 cm
White Hake  45 cm
Winter Flounder  25 cm
Yellowtale Flounder  25 cm
Atlantic Halibut  85 cm
Greenland Halibut  44 cm
Redfish  22 cm

All Atlantic halibut less than 85 cm must be returned immediately to the water, and if still alive, in such a manner that causes as little harm as possible.

Areas could be closed for the fleet or part of the fleet when the number of undersized fish reaches 15% of the catch of any of the species mentioned above

18. Catch monitoring and test fishery

Closures due to excessive small fish catches or bycatch limit violations are for a minimum of 10 days. The cost of test fisheries is at the expense of industry. If a fishery is closed, it will not be re-opened until DFO is satisfied that it can be effectively monitored and controlled. If a fishery is closed twice in one year due to exceeding by-catch limits or excessive small fish catches, it may remain closed for the remainder of the year.

19. Vessel

A boat with an overall length of less than 15.24 meters (50 feet) may be used.

20. Partnership

Partnership arrangements involving up to three licensees on a single fishing vessel are permitted. The quantity of hooks allowed for partnerships is equal to the total hooks allowed for the licence holder with the highest initial ITQ, plus 50% of the hooks authorized for additional licensees.

Partnership agreements will be valid for the duration of the fishing period for which the conditions of licence are issued, either for Period 1 (summer/fall) or for the duration of Period 2 (Spring).

21. Conversion rate

In the Atlantic Halibut fishery, a conversion rate of 1.14 is used to convert the weight of eviscerated catches to round fish weight.

22. Quota reconciliation

Quota reconciliation provides that any overharvest of a quota in a given year, on an Individual Quota regime or in a competitive fishery, will be accounted for in that of the following fishing season. For example, quota overruns by a licence holder or by a fleet during a fishing management cycle will be deducted from quotas for the following season on a one-for-one basis.

In implementing quota reconciliation, DFO authorizes quota transfers, enabling fleets and fishers to cover any quota overrun until a specific deadline, after which DFO compares the final fishery data. This deadline is the end of the groundfish fishery management year, that is, May 14. In the weeks following this deadline, MPO makes any necessary changes to quotas for the current year based on overruns of competitive quotas and the ITQ, if applicable.

In addition, for fishing under individual transferable quotas (ITQ or I(t)Q), it is the responsibility of the licence holder to adhere to the quantity allocated, taking transfers and landings into consideration. If applicable, the fisher must also make any arrangements required to cover any quota overruns that occurred during previous fishing trips before embarking on a new fishing trip, and must hold the quota necessary to cover the catches that will be made during said trip.

23. Carry-forward of individual transferable quotas

The carry-over of residual quotas from the previous year is allowed, up to a maximum of 15% of the initial quotas.

24. Species At Risk Act

Pursuant to the Species at Risk Act, no person must kill, harm, harass, capture, take, possess, collect, buy, sell or trade an individual or any part or derivate of a wildlife species designated as extirpated, endangered or threatened.

At the time this Conservation Harvesting Plan is promulgated, the Estuary and Gulf of St. Lawrence species susceptible to being captured are the following: the Spotted Wolffish, the Northern Wolffish, the Leatherback Turtle, the Striped Bass (St. Lawrence River population) and exceptionally the White Shark (Atlantic population). New species could be added during the course of the year.

All incidental captures of species at risk must be immediately returned to the water where they were captured and, if the animal is still alive, in the manner that causes it the least harm. All incidental captures of species at risk must be recorded in the « Species at Risk » section of the logbook. Furthermore, all interactions with species at risk, notably the North Atlantic Right Whale, the Blue Whale (Atlantic population), the Beluga Whale (St. Lawrence Estuary population) and the White Shark (Atlantic population), must be recorded in that section.

These requirements are additional to any obligation to declare an interaction with a marine mammal using the prescribed form (see section Marine mammal interaction reporting).

25.Crew registry

Since April 1st, 2021, inshore commercial licence holders, and their approved Substitute Operators must keep records of all the crew members working aboard the vessel on every fishing trip. These records must be maintained by the licence holder for a period of five (5) years. This requirement does not apply to pre-1979 corporation licence and to any licence issued under the authority of the Aboriginal Communal Fishing Licences Regulations. For further details, refer to the March 17th, 2021 Notice to Fish Harvesters at Notices to Fish Harvesters or contact the Licensing Office at 1-877-535-7307 or fishingpeche@dfo-mpo.gc.ca.

26.Discharge of waste

Since 2022, all commercial fisheries in Canada have a new condition of licence relating to the discharge of garbage from Canadian fishing vessels. The licence holder is prohibited from discarding in Canadian fisheries waters from their vessel any item that may be harmful to fish or fish habitat. Please refer to the following Notice to Fish Harvesters: New condition of licence relating to discharge of garbage

27. Conditions of License

To obtain their Conditions of licence, licence holders must access the National Online Licensing System (NOLS). For National Online Licensing System assistance, please contact customer support by phone at 1-877-535-7307 or by email at fishing-peche@dfo-mpo.gc.ca.

Approved by

Maryse Lemire

Fisheries Management Regional Director

Fisheries and Oceans Canada

Québec

For any questions regarding this CHP

Please call 418-986-2095.

For additional information

Please visit our website at the following address: Fisheries