Notices to Fish Harvesters

Approved March 8, 2022

1. Application

This Conservation Harvesting Plan (CHP) for Atlantic razor clams, Atlantic surf clams and Stimpson`s surf clams applies to the license holders of the Magdalen Islands fleet when conducting fishing activities in Area No. 5 with a hydraulic dredge. This CHP will be in effect in 2022, 2023 and 2024.

2. Fishing Areas

Atlantic Razor Clam : Area 5 south-divided into 5A1, 5A2 et 5B

Atlantic surf clams: Area 5 south-divided into 5A1, 5A2, 5B1 et 5B2

Stimpson`s surf clam : Area 5 south-divided into 5A et 5B

The fishing areas coordinates are listed in the Conditions of licence and are also indicated on the fishing areas maps, which are available at the following address: Commercial Fisheries (dfo-mpo.gc.ca)

3. Fishing closures

 

3.1. Three areas between Grosse-Ile and East Point, identified as lobster and/or rock crab habitat and the area known as the Lobster Nursery “Les Demoiselles,” is closed to shellfish harvesting with mobile gear. These areas are described in the hydraulic dredge Atlantic razor clams, Atlantic surf clams and Stimpson`s surf clams Conditions of licence. Harvesting the shellfish with mobile gear is prohibited in an exclusion area corresponding to shellfish zone A-08.4 in Grande-Entrée (near Isaac’s Cape). This area will remain closed to the fishery even if this shellfish zone, currently closed to harvest, ever meets the required criteria for reopening in the future. The aquaculture sites under federal leases are also closed to all shellfish harvesting with mobile gear. The coordinates of these areas are described in the Conditions of licences.

 

A protected area between la Martinique and La pointe du Gros-Cap is prohibited to Atlantic razor clam fishing with a hydraulic dredge. The coordinates of this area are described in the Conditions of licence.

It is important to recall the difference between a fishing area and a shellfish area. The fishing areas indicated in the Conditions of licences specify the limits of the fishing territory. The shellfish area refers to subdivisions of the coastal territory used by Fisheries and Oceans Canada (DFO), Environment and Climate Change Canada (ECCC) 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)attitude, (L)ongitude, (I)nformation. It is available online at the following address: Check the map and Prohibition Orders before harvesting!.

Before fishing in a shellfish area, DFO reminds fishers that it is their responsibility to check the shellfish areas' conditions to avoid fishing in areas closed for contamination. Information on these shellfish areas is available online at the above address.  Therefore, a fisherman could hold a valid fishing licence from DFO for a fishing area but would not be authorized to fish if the corresponding shellfish sector(s) are not open for shellfish harvesting by virtue of the CSSP.

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

On December 15, 2017, Fisheries and Oceans Canada 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 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 (dfo-mpo.gc.ca)

4. Fishing seasons

The fishing seasons presented below are for information purposes only. The opening and closing dates of the fishery will be confirmed by a Notice to Fishers and indicated in the licence conditions.

 

Name of Table

Species	Year	Opening Date	Closing Date
Atlantic Razor Clam	2022	March 15	December 31
Atlantic Razor Clam	2023	March 1st	December 31
Atlantic Razor Clam	2024	March 1st	December 31
Atlantic Surf Clam	2022	Spring period : March 15	June 30
Atlantic Surf Clam	2022	Autumn period : Sept. 1st	December 31
Atlantic Surf Clam	2023	Spring period : March 1st	June 30
Atlantic Surf Clam	2023	Autumn period : Sept. 1st	December 31
Atlantic Surf Clam	2024	Spring period : March 1st	June 30
Atlantic Surf Clam	2024	Autumn period :  Sept. 1st	December 31
Stimpson`s Surf Clam	2022	March 15	December 31
Stimpson`s Surf Clam	2023	March 1st	December 31
Stimpson`s Surf Clam	2024	March 1st	December 31

 

The fishing seasons set out above are 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. Opening and closing fishing dates of each fleet will be confirmed through usual communication means, particularly 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 permits, access, allocations and management regime

 

Name of Table

Species	Number of licenses	Fishing areas and sub-areas	Allocations	Management Regime
Atlantic Razor Clam	4 (exploratory licences)	5A1	14.3 t	Competitive
Atlantic Razor Clam	4 (exploratory licences)	5A2	10 t	Competitive
Atlantic Razor Clam	4 (exploratory licences)	5B	Competitive Fishery	Competitive
Atlantic Surf Clam	4	5A1	125 t (44 days1)	IQ
Atlantic Surf Clam	4	5A2	55 t	IQ
Atlantic Surf Clam	4	5B1	113 t (36 days2)	IQ
Atlantic Surf Clam	4	5B2	12 days	Competitive
Stimpson`s Surf Clam	4	5A	204 t	Competitive
Stimpson`s Surf Clam	4	5B	113 t	Competitive

 

1) If in any given year more than 44 fishing days are required to catch the allocation for this sub-area, it may be revised the following year downwards.

2) If in any given year more than 36 fishing days are required to catch the allocation for this sub-area, it may be revised the following year downwards.

6. Fishing Gear

Atlantic Razor Clam:

Maximum one dredge per vessel with a maximum overall opening width of 1.52 m (approximately 5 feet).

Atlantic Surf Clam and Stimpson`s Surf Clam

Maximum one dredge per vessel with a maximum overall opening width of 2.13 m (approximately 7 feet) and a 3.175 cm minimum spacing in between the bars.

7.  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:

7.1 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 Fishing Gear Reporting System or by completing the LOST FISHING GEAR FORM available online at Reporting requirements for commercial fisheries  or in Annex of licence conditions, 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 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 licence conditions, according to instructions on the form. Retrieval can only occur during the validity period of the licence conditions and only in relation to the specific type of gear authorized to be used by the licence conditions.

7.2 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.).

8. 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: 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 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.

9. Dockside monitoring

Before starting a fishing expedition, the licence holder must agree to call in for entry and landing the fish caught with a dockside verification company legally designated by Fisheries and Oceans Canada. The permit holder must contact the same company at least one hour before the scheduled arrival time at the dock.

The list of designated ports is available on the DFO website at Designated Dockside Monitoring Ports (dfo-mpo.gc.ca)

Atlantic Surf Clam

The Dockside Monitoring Program (DMP) applies to 100% of landings. All catches must be weighed on a scale at the time of landing.

Atlantic Razor Clam and  Stimpson`s Surf Clam

The Dockside Monitoring Program (DMP) applies based on sporadic coverage of fishing expeditions.

10.Combined form/Logbook/Purchase slip

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. 

11 Vessel Monitoring System

The use of an active Vessel Monitoring System (VMS) approved by Fisheries, and Oceans Canada is mandatory. Each licence holder must register his DFO-approved VMS unit prior to the beginning of his fishing activities. Data transmission every 15 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: National Vessel Monitoring Service (dfo-mpo.gc.ca)

12. 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.

13. Small fish protocol

Any molluscs whose length, in the longest axis of the shells, is less than the table below must be returned to the water.

Atlantic Razor Clam - 100 mm

Atlantic Surf Clam - 90 mm

Stimpson`s Surf Clam - 80 mm

14. Simultaneous Fishing

Simultaneous fishing is not permitted during the same fishing trip.

15. Vessel

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

16. Quota reconciliation

Atlantic Surf Clam

Any overharvest of individual transferable quota incurred by a licence holder during a season will be deducted from its individual transferable quota for the following season on a one-for-one basis.

Atlantic Razor Clam and Stimpson`s Surf Clam

Any quota overrun incurred per fishing sub-area during a season will be deducted from the fishing sub-area for the following season on a one-for-one basis.

Quota reconciliation does not apply to sub-area 5B in the Atlantic Razor Clam fishery.

17. Temporary Transfers

Atlantic Surf Clam

Temporary quota transfers to a maximum of 50% are authorized. Administrative guidelines will be developed to specify the relevant conditions applicable to this management regime.

Atlantic Razor Clam and  Stimpson`s Surf Clam

N/A

18. Licence/Conditions of licence

The Atlantic Surf Clam zone 5 and Stimpson`s Surf Clam licenses are linked. Thus, a reassignment of an Atlantic Surf clam zone 5 license results in the reassignment of Stimpson's surf clam zone 5 to the same license holder. 

19. Participation clause

Atlantic Surf Clam

The participation clause ensures that licences are kept active, favoring exploration. Consequently, the level of participation required to keep an exploratory licence for the Atlantic razor clam will be evaluated according to parameters such as the total volume landed for zone 5 and market opportunities. These parameters will be validated at the next Advisory Committee.

Atlantic Razor Clam and  Stimpson`s Surf Clam

N/A

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

As of 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 (dfo-mpo.gc.ca) or contact the Licensing Office at 1-877-535-7307 or fishingpeche@dfo-mpo.gc.ca.

22. Conditions of licence

To obtain their Conditions of a 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

You may call at the area office sector to  Magdalen Islands Area: 418-986-2095

For additional information

Please visit our website at the following address: Fisheries (dfo-mpo.gc.ca)