Notices to Fish Harvesters

1. Application

This Conservation Harvesting Plan (CHP) applies to Toad crab license holders from North Shore fleet sub-areas CN1, CN2, CN3 and CN4 and area 12 Magdalen Islands fleet.

2. Fishing Areas

• Sub-area CN1:  From Rivière de l’Étang to Blanc-Sablon
• Sub-area CN2 : From Rivière Romaine to Rivière de L'Étang
• Sub-area CN3 : From Cap Cormoran to Rivière Romaine
• Sub-area CN4 : From Pointe-des-Monts to Cap Cormoran
• Area 12 : Magdalen Islands.

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

3. Fishing closures

3.1. 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

The following seasons will be in effect for the duration of this CHP. They represent the maximum duration of fishing periods, subject among others to Variation Orders and specific closing periods. Opening dates may vary according to particular circumstances and fishery management considerations, such as industry requests, while closing dates may be advanced according to factors such as the reach of quotas or when risks of exceeding them are high. The 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.

Fishing seasons

Areas	Sub-areas	Length of fishing season
Magdalen Islands	12	12 weeks
North Shore	CN1 to CN4	15 weeks

5. Access, quota and management regime

Sub-area CN1:

• Access - 28 exploratory
• Quotas - 70 t
• Management regime - Competitive

Sub-area CN2:

• Access - 4 exploratory
• Quotas - Due to the low fishing effort, no Total Allowable Catch (TAC) has been established.
• Management regime - Control of fishing effort

Sub-area CN3:

• Access - 0
• Quotas - Due to the low fishing effort, no Total Allowable Catch (TAC) has been established.
• Management regime - Control of fishing effort

Sub-area CN4:

• Access - 4 exploratory
• Quotas - 2 t
• Management regime - Competitive

Area 12:

• Access - 9 licences
• Quotas - 344 t (38,23 t licence holder)
• Management regime - Individual transferable quota (ITQ)

Since the 2021 season, the management regime for Area 12 changed from an Individual Maximum Catch Limit (IMCL) to an Individual Transferable Quota (ITQ) regime. Permanent quota transfers between Area 12 Toad Crab licensees are allowed. The fisher must have a minimum allocation of 11% and will not be allowed to hold an allocation greater than 22%.

6. Minimum catch size

Any toad crab (hyas) with a carapace width less than the minimum catch size established in each fishing area must be returned to the water:

• Sub-areas CN1 to CN4: 70 mm;
• Area 12: 60 mm.

7. Fishing Gear

The authorized fishing gear is the trap.

7.1 Maximum number of traps allowed

Sub-areas CN1 to CN4:

• Number of authorized fishing gear - License holders are allowed to use either of the following options: 150 Japanese traps or 150 Toad crab (hyas) traps or 100 cone-shaped traps.

Area 12:

• Number of authorized fishing gear - 75 traps with a maximum volume of 2.1 cubic metres equipped with an acceptable biodegradable escape mechanism (such as required on snow crab traps).

7.2 Escape mechanisms

For sub-areas CN1 to CN4 using cone-shaped traps and for area 12, unless the mesh size used is equal to or greater than 40 mm :

each trap shall be equipped with 4 x 65 mm circular vents, the top of the openings installed at a distance, calculated from the bottom of the trap, which does not exceed 50% of the trap height.

7.3 Gear tagging

It is prohibited to have an untagged trap on board a fishing vessel. All traps used for fishing must bear a single valid annual tag with a unique identification number. Licence holders must acquire their tags from an approved supplier:

Approved tag suppliers

The number of replacement tags received corresponds to 10% of the authorized gear by the initial order of the license holder. Additional replacement tags may be issued upon request.

8. 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:

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

Since 2018, the following requirements are 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:

• When a secondary buoy or buoys are attached to a primary buoy, the maximum length of rope that can be used is :
  • 6.4 metres (3.5 fathoms) sub-areas CN1 to CN4;
  • 3.7 metres (2 fathoms) area 12
• At the exception of the rope attaching secondary buoys, no rope attaching a trap to a primary buoy shall remain floating on the surface of the water.

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

8.2. Gear Marking

As of 2020, licence holders using fixed gear must mark the rope used 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 an entanglement has occurred. The following coloured markings are required for each fleet:

Gear Marking

Fleet	Twine colours for marking
Toad crab Sub-area CN1 to CN 4	Green-Purple
Toad crab Area 12	Yellow-Orange-Purple

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 specific Region – to be interlaced on the same segment of rope as the second colour.
2. The second colour to identify target Species – to be interlaced on the same segment of rope as the first colour.
3. In area 12 : The third colour to mark different fishing areas must be interlaced. The third colour must be interlaced immediately before or after the segment of rope containing the first two colours. The third colour must not be interlaced within the same segment containing the first and second 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 admissible 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 the information on gear marking measures has been published in the January 31st, 2020 Notice to Fish Harvesters, available for each fishery.

8.3. Additional Identification of Buoys

In addition to the 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 individually identify each fishing gear. This additional requirement will help identify and retrieve lost gear and could also help identify the sector where a NARW may have become entangled.

The sequential number shall be solid block Arabic numerals:

• Without ornamentation;
• Written in a smaller or bigger font size than the VRN so as to be capable of differentiating the number from the VRN; and
• In a colour that contrasts with the buoy’s colour.

8.4. 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 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 or by completing the Lost fishing gear form available online 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 or by completing the Retrieval of previously reported lost fishing gear form available online 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.

8.5. 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.).

9. 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.

10. Dockside monitoring

Before the beginning of a fishing trip, licence holders must have an agreement related to hail in and landing of fish with a dockside monitoring company legally designated by Fisheries and Oceans Canada.

Hail-in is mandatory for all sub-areas and areas. The landings must be carried out in a dockside monitoring designated ports whose list is available at the following address: Designated Dockside Monitoring Ports

Area 12: Dockside monitoring is mandatory for 25% of the landings.

11. Combined form

Fishers must acquire their booklet of Combined Forms from a prequalified supplier identified by Fisheries and Oceans Canada, whose list is available at the following address: Prequalified

The Logbook section of the Combined Form must be completed before arrival at the port on each fishing day. The licence holder is required to forward his Combined Form completed truthfully and without exception to his Fisheries and Oceans Canada area office after each landing.

12. Incidental catches

Incidental catches cannot be retained.

13. Simultaneous fisheries

Sub-Area CN1 to CN4: Simultaneous fishing for Toad crab and whelk is allowed on different fishing trips. Simultaneous fishing for Toad crab with lobster and/or rock crab is not permitted.

Area 12: Not applicable.

14. Participation clause

Sub-Area CN1 to CN4: A participation clause of 2.268 t could be applied for the licence renewal. Catches must be registered with DFO by December 31st of the current year by a buyer registered with the Department.

Area 12 : Not applicable.

15. Boat

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

16. Quota reconciliation

Sub-area CN1 to CN4: Not applicable.

17. Area 12: Any quota overrun incurred by a licence holder in a given management year will be deducted, on a one-for-one basis, from its quota in the following year.Other Management Measures

Temporary transfers:

Sub-area CN1 to CN4: Not applicable.

Area 12: A licence holder is allowed to transfer up to 50% of its initial quota. These transfers are temporary and will not affect the licence holder’s initial allocation for the following year.

18. 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).

19. 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 or contact the Licensing Office at 1-877-535-7307 or fishingpeche@dfo-mpo.gc.ca

20. Discharge of waste

In 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)

21. 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.

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Approved by:

Maryse Lemire

Fisheries Management Regional Director

Fisheries and Oceans Canada

Quebec

For any question regarding this CHP

You may call for :

North Shore Area : 1-800-463-1729

Magdalen Islands Area : 418-986-2095

For additional information

Please visit our website.