Notices to Fish Harvesters

 

scallop – AREA 20

MAGDALEN ISLANDS FLEET

Season 2023

 

Approved March 16 2023

1.Application

 

This Conservation Harvesting Plan (CHP) for Scallop applies to the Scallop licence holders from the Magdalen Islands fleet when fishing in the Scallop fishing area 20. The CHP is in place for the 2023 fishing season.

2. Fishing Areas

Subject to any Variation Order and based on valid Licence Conditions, the authorized fishing area is Scallop fishing area 20, a coastal area surrounding the Magdalen Islands.

The fishing areas coordinates are listed in the Licence Conditions and are also indicated on the fishing areas maps, which are available at the following address:

Commercial Fisheries 

3. Fishing closures

3.1. Sub-area 20E

Sub-area 20E, a refuge zone, remains closed to Scallop fishing.

Three areas between Grosse-Ile and East Point, identified as lobster and/or rock crab habitats, are closed to the scallop fishery. These areas are described in the Licence Conditions.

3.2. Shellfish zones

It is important to recall the difference between a fishing area and a shellfish zone. The fishing areas indicated in the Licence Conditions, specify the limits of the fishing territory. The shellfish zones refer to some parts of the coastal territory used by Fisheries and Oceans Canada (DFO), Environment and Climate Change Canada and the Canadian Food Inspection Agency (CFIA) in the context of the Canadian Shellfish Sanitation Program (CSSP).

The CSSP has developed an interactive mapping tool to visualize areas open or closed to bivalve shellfish harvesting in Canada. This tool is called SHELLI: (S)hellfish, (H)arvest, (E)xtents, (L)atitude, (L)ongitude, (I)nformation. It is available online at the following address: www.dfo-mpo.gc.ca/CheckBeforeYouHarvest.

Before going fishing in a shellfish area, DFO reminds fishers that it is their responsibility to check the condition of the shellfish areas in order to avoid fishing in areas that are closed for contamination. Information on these shellfish areas is available online at the above address. A fisher could therefore hold a valid fishing licence from DFO for a fishing area but would not be authorized to fish if the corresponding shellfish sector(s) were not open for shellfish harvesting.

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

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

All fishing activities that use bottom-contact 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.

4. Fishing seasons

Scallop fishing is authorized from 5:00 h to 21:00 h, Monday to Sunday.

The planned opening dates are as follows:

Sub-areas 20A, 20B and 20C: from March 20 to July 31, 2023

Sub-area 20F: from March 20 to October 31, 2023

Extension of the season in sub-area 20F is possible, upon request from the industry.

The above fishing seasons will be in effect for the duration of this CHP. They represent the maximum duration of fishing periods. Opening dates may vary according to particular circumstances, such as industry requests and the TAC announcement, while closing dates may be advanced according to factors such as the reach of quotas or when risks of exceeding them are high. Each fleet's opening and closing fishing dates will be confirmed through usual communication, particularly Notices to Fish Harvesters or Variation Orders.

Forecasts of air temperatures below 0 ºC for the first week of fishing and/or ice cover may delay the opening. An opening committee is in place. The opening date will be confirmed by a Variation Order following the final recommendation of the opening committee and an agreement on the opening date.

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

There are 21 licence holders in Scallop Fishing Area No. 20.

6. Quotas

Sub-area 20A: The total number of fishing days authorized in sub-area 20A is 230 days for the fishing season 2023.

Sub-areas 20B, 20C, 20F: Competitive fishery.

7. Management Regime

Starting in 2019, each licence holder will be allocated a minimum of 4.3480% of the total number of fishing days authorized in sub-area 20A.

These fishing days may be divided into half-fishing days. A half fishing day means a period of time between 5:00 h and 13:00 h or 13:00 h and 21:00 h during which there has been at least one dredge tow.

Outside sub-area 20A, competitive fishing regime.

8. Minimum catch size

The minimum size authorized for a giant scallop is 100 mm. It is therefore forbidden to catch and retain or have on board a fishing vessel any scallops, the number of meats of which exceeds an average count of 30 meats per 500 g.

9. Fishing Gear

Scallop drag, the total width of all baskets not exceeding 7.32 metres (24 feet).

Rings used in the composition of the dredge baskets must respect the minimum diameter of 8.9 cm (3½ inches). Rubber washers that link the rings together are not authorized on the side of the baskets. This section, commonly named « side of the basket,» is the part that links the back to the belly of the basket.

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

Since 2017, Fisheries and Oceans Canada has put in place additional management measures to protect marine mammal 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 take into account future developments regarding interactions prevention.

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

10.1. 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 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 Sign in  or by completing the 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.

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 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 Sign in  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 by the Conditions of licence.

10.2 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.).

11. Marine mammal interaction reporting

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:  Report a marine mammal or sea turtle incident or sighting

The information provided on this form will be used by the Department of Fisheries and Oceans Canada (DFO) to estimate levels of accidental mortality and injury to marine mammals. This information will allow DFO to assess better 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.

12. Hail in

Before the beginning of a fishing trip, the licence holder must have entered into an agreement with a dockside monitoring company legally designated by Fisheries and Oceans Canada for the hail-in. The licence holder must contact this same company at least one hour prior to the expected time of arrival at port for a landing.

13. Combined form / Logbook

License holders should obtain their Combined Forms booklet from DFO prequalified suppliers, a list of which is available at Prequalified Logbook Suppliers (dfo-mpo.gc.ca)

The logbook section of the Combined Form must be duly completed before arrival at the dock. The license holder is required to send, without exception, his completed Combined Form to the Fisheries and Oceans Canada office in his sector after each landing.

14.  Vessel Monitoring System

The use of a Vessel Monitoring System (VMS) approved by DFO is mandatory. Each licence holder must register his DFO-approved VMS unit prior to the beginning of his fishing activities. Data transmission every 30 minutes is required.

The current list of DFO-approved VMS units and the procedure and form to register a VMS unit are available at the following address: http://dfo-mpo.gc.ca/fisheries-peches/sdc-cps/vessel-monitoring-surveillance-navire/index-eng.html

15.  Incidental Catches

Any fish caught incidentally must be returned to the water and released in the exact capture location and, if the fish is still alive, with as little harm as possible.

16. Vessel

Vessels with a length overall less than 15.24 metres (50 feet) may be used.

17. Partnership

Partnership between two licence holders is authorized upon request to Fisheries and Oceans Canada. Both licence holders will be issued a partnership authorization and must be on board the fishing vessel used for the duration of the agreement.

18. Quota reconciliation

Any overharvest of fishing days incurred by a licence holder during a fishing season will be deducted from the number of fishing days for the following season on a one-for-one basis.

19. Other Management Measures

Temporary transfer of fishing days, sub-area 20A: a licence holder may transfer up to 50% of his (her) fishing days to one or several Area 20 Scallop licence holders. These transfers are temporary (for one management year) and do not affect the licence holder’s initial allocation for the following year.

Permanent transfer of fishing days, sub-area 20A: Starting in 2016, permanent transfers of fishing days (partial or full) to one or several Area 20 Scallop licence holders are authorized under the following conditions:

 

• The minimum number of fishing days required to remain in the fishery: The minimum number of fishing days that a licence holder must hold is 4.3478% of the total number of fishing days allocated to the fleet. If a permanent transfer places a licence holder under the 4.3478% minimum required, his (her) scallop licence is cancelled. A maximum period of 12 months after the first transaction to permanently transfer fishing days is granted to allow him (her) to transfer the balance of his (her) fishing days (if necessary). In the meantime, the temporary transfer of fishing days is authorized.
• The maximum number of fishing days authorized: The maximum number of fishing days that a licence holder may hold is 10% of the total number of fishing days granted to the fleet.

20. Species At Risk Act

Pursuant to the Species at Risk Act, no person shall 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 and the Striped Bass (St. Lawrence River 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 this section of the logbook.

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).

21. 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 Notice detail - Online Publications Tool  or contact the Licensing Office at 1-877-535-7307 or fishing-peche@dfo-mpo.gc.ca.

22. 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 New condition of licence relating to discharge of garbage season 2022 (2022-03-29) (dfo-mpo.gc.ca)

23. Conditions of licence

To obtain their Conditions of licence, fish harvesters must access the National Online Licensing System. 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

Quebec

For any question regarding this CHP

Please contact the Magdalen Islands Area Office: 418-986-2095.

For additional information

Please visit our website at the following address: Fisheries .