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2025 Conservation harvesting plan (CHP) - NAFO Divisions 3NO: Groundfish fixed gear fleet

1. Eligibility

Participation in the NAFO Divisions 3NO fixed gear groundfish fishery will be restricted to inshore groundfish licence holders with vessels less than 27.4 metres (less than 90 feet) in length with a homeport in NAFO Divisions 2+3KLP4R

2. Fishing areas

This Conservation Harvesting Plan (CHP) governs the directed groundfish fishery for all vessels less than 27.4 m (less than 90 feet) in length in NAFO Divisions 3NO fishing the following species for the management cycle which runs annually from:

  1. Skate: January 1 to December 31
  2. White hake: January 1 to December 31
  3. Monkfish: April 1 to March 31
  4. Atlantic Halibut: April 1 to March 31

3. Fishing restrictions

  1. You are not permitted to fish any area other than NAFO Divisions 3NO, unless an At-Sea Observer is onboard your vessel.
  2. Fishing for White hake is not permitted in water depths of less than 137 metres (75 fathoms).
  3. You may fish gillnets or hook and line (longline) gear but not both during the same fishing trip, unless you have an At-Sea Observer onboard your vessel.
  4. All fishing gear must be returned to port with the vessel at the end of the fishing trip. In the event that the vessel develops mechanical trouble and has to return to port without retrieving all of the fishing gear, arrangements must be made to have the fishing gear retrieved within 3 days. You will be responsible for paying the full cost of an At-Sea Observer who will be deployed on the vessel while it is retrieving the gear.

4. Catch limitations

  1. The maximum amount of skate that can be landed during any one fishing trip is 18,371 kg (40,500 lbs) round weight (6,304 kg / 15,000 lbs of wings).
  2. The maximum amount of monkfish that can be landed during any one fishing trip is 49,896 kg (110,000 lbs) round weight (41,580 kg / 91,667 lbs HOG).
  3. A pre-cautionary fleet harvesting cap for monkfish is set at 1,588,00 kg (3,500,000 lbs) round weight annually.
  4. The directed Atlantic Halibut fishery will close once the estimated catch reaches 75% of the fleet allocation. Subsequent to closure, a review will be conducted to determine the proportion of remaining fleet allocation that will be used to cover incidental catch of Atlantic Halibut in other directed fisheries. If the remaining fleet allocation is not fully utilized for incidental catch, the Department will consider requests to carry forward the remaining allocation to the following management cycle in accordance with the established carry forward guidelines for this stock.

5. Season

The opening dates for all groundfish fisheries in NAFO Divisions 3NO will be set in consultation with industry.

6. Fishing gear

  1. When directing for skate and/or monkfish using gillnets, the minimum mesh size permitted is 305 mm (12 inches). The maximum number of gillnets permitted is 300.
  2. When directing for white hake using gillnets, the minimum mesh size permitted is 152 mm (6 inches) and the maximum mesh size is 178 mm (7 inches). The maximum number of gillnets is permitted is 100.
  3. When fishing white hake in combination with skate and monkfish, the maximum number of gillnets that can be fished at any one time is limited to 300. The number of white hake gillnets limited to 100.
  4. Directed fishing for Atlantic halibut shall be with hook and line (longline) gear only. The number of hooks used in the directed Atlantic halibut hook and line (longline) fishery is not restricted. You are not permitted to fish with, or have on board your vessel, hooks that have a gape opening less than 15.4 mm. Gape opening is defined as the distance between the point and shank of a hook.

7. Reporting and monitoring

  1. As per the Groundfish General Licence Conditions.
  2. Industry-funded At-Sea Observer coverage is required for the NAFO Divisions 3NO skate, monkfish, white hake and Atlantic halibut fisheries.
  3. 100% self-funded At-Sea Observer coverage will be required for all vessels fishing gillnets before May 15th and for the first trip conducted by new entrants to the fishery. A new entrant is defined as a licence holder who did not fish NAFO Divisions 3NO Atlantic halibut, white hake, skate or monkfish during the previous 5 years.
    During the first fishing trip, the new entrant must complete a minimum of three full fishing days of setting and hauling of a minimum of 100 gillnets or 1,000 hooks in order to satisfy the requirement of a 100% self-funded observed trip. If three full fishing days with the gear amounts required are not completed, the licence holder shall take a 100% self- funded At-Sea Observer for the second and all subsequent trips to complete the balance of three full fishing days.
  4. To assess the level of incidental catch on particular fishing grounds, a test fishery will be conducted by the new entrant licence holder during the first trip to NAFO Divisions 3NO for any groundfish species using fixed gear, in accordance with the following:
    1. Test fisheries will be conducted on the first fishing day of the trip and on the first fishing day of each different fishing location during the trip. A different fishing location is defined as a change in depth of 91 m (50 fathoms) or a change of fishing position of 19 km (10 nautical miles).
    2. The test fishery will consist of setting and retrieving 10 gillnets or 100 hooks. Test gillnets must stay in the water (soak) for a minimum of six (6) hours before retrieval. Test hook and line gear (longlines) must stay in the water (soak) a minimum of three (3) hours before retrieval.
    3. If the incidental catch of non-directed species is within the limits established in licence conditions, the remainder of the fishing gear may be set in the location of your test fishery.
    4. If the incidental catch of non-directed species exceeds established limits, the vessel shall move to a different fishing location and conduct a second test fishery. Should the second test fishery be unsuccessful, the licenced vessel shall move to a third (different) fishing location to conduct a third test fishery. Should the third test fishery be unsuccessful, the vessel will retrieve all fishing gear and immediately return to port and cease fishing for the remainder of the management plan season. New entrant harvesters have the option to share an observed trip as per licence conditions.
  5. With the exception of the above, random observer coverage will apply.
  6. For the directed hook and line (longline) fishery, 100% self -funded At-Sea Observer coverage will be required as part of a separate test fishery permit program until such time as the fleet can demonstrate successful compliance with incidental catch limits.
  7. When fishing any species of groundfish in NAFO Divisions 3NO, all licence holders are required to report the round weight of all species caught each day in a daily hail to DFO, as described in Schedule 16, which must be attached to validate your licence. This information shall be e-mailed daily to DFO.Hails65-Rapport65.MPO@dfo-mpo.gc.ca.

8. By-catch and incidental restrictions

  1. As per the Groundfish General Licence Conditions.
  2. If incidental catches exceed limits established in licence conditions, a higher level of At-Sea Observer coverage will be implemented. In addition, new management measures may apply.
  3. Where there are other widespread incidental catch problems, an entire area may be closed to the fleet sector.

9. Licensing policy

The commercial fishery is guided by licensing policy which sets out requirements and eligibility criteria established by the Minister of Fisheries and Oceans Canada with respect to the licensing of commercial fishing and communal commercial fishing in the Newfoundland and Labrador Region. The policy provides fish harvesters, Aboriginal Organizations, and the Canadian public with a clear and consistent statement regarding the Fisheries and Oceans Canada’s (DFO) policy respecting commercial fishing enterprises, the registration of vessels, and the issuance of recreational and commercial fishing licences in the Newfoundland and Labrador Region.

10. Species at Risk Act (SARA)

The following species are considered at risk and listed under the Species at Risk Act (SARA) as either Threatened or Endangered:

In accordance with subsection 83(4) of SARA and the recovery strategy for northern wolffish, spotted wolffish, and leatherback turtle, and having met the conditions of sections 73(2) to (6.1) of SARA for white shark, the licence holder or vessel operator is permitted to carry out commercial fishing activities authorized under the Fisheries Act that may incidentally kill, harm, harass, or capture these species.

During these fishing activities, incidental catches of a these species must be returned to the place from which it was taken, and where it is alive, in a manner that causes the least harm. The licence holder or vessel operator is also required to complete the SARA section in the fishing logbook to provide information regarding any interactions with these species. Please refer to the Groundfish General Licence Conditions for further information on these requirements.

11. Marine mammals

As per the Groundfish General Licence Conditions, refer to Schedule 38 - Marine Mammal Interactions and Management Measures.

12. Marine conservation targets: closed areas

As per Schedule 36 – Closed Areas which is attached to the Groundfish General Licence Conditions.

13. Indigenous participation

Allocations will be negotiated with applicable Indigenous communities for food, social and ceremonial (FSC) purposes. Communal licences for FSC and commercial access will be issued under the Aboriginal Communal Fishing Licence Regulations.

14. Safety at sea

In the federal government, Safety at Sea is a shared responsibility. DFO and Transport Canada (TC) have established a framework for cooperation to address this through a Memorandum of Understanding (MOU) that develops safety goals, allows for the exchange of vessel information, and the promotion of a safety culture among commercial fish harvesters. TC has the responsibility for regulating shipping, navigation, and vessel and marine personnel safety. DFO has responsibility for the management of fisheries resources with the Canadian Coast Guard (CCG) responsible for emergency response. In Newfoundland and Labrador, the provincial Workplace Health, Safety, and Compensation Commission (WHSCC) has jurisdiction over health and safety issues in the workplace.

Vessel owners and operators have a duty to ensure the safety of their crew and vessel. Adherence to safety regulations and good practices by owners, operators, and crew of fishing vessels will help save lives, protect the vessel from damage, and protect the environment. All fishing vessels must be in a seaworthy condition and maintained as required by Transport Canada and other applicable agencies. Vessels subject to inspection should have a certificate of inspection valid for the area of intended operation.

Registration

All vessels greater than 10hp are required to be registered with TC under the Canada Shipping Act 2001 (CSA, 2001), as TC is responsible for regulations and enforcement related to the safety of all vessels and marine personnel.

All vessels used for commercial fishing are required to be registered with DFO under the Fisheries Act and the Atlantic Fishery Regulations, 1985, as DFO is responsible for the proper management and control of fisheries and the conservation and protection of fish and fish habitat.

Vessel Condition

Vessel safety, and the safety of crew members, falls under the mandate of Transport Canada Safety and Security (TCMSS). The CSA, 2001, associated regulations, policies, and programs outline the requirements and obligations of vessel owners and operators.

Vessel owners have an obligation under the CSA, 2001 to ensure compliance with all applicable requirements. This obligation is extended to vessel operators to ensure the requirements of the Fishing Vessel Safety Regulations or Large Fishing Vessel Inspection Regulations are adhered to.

Before leaving port, vessel owners are required to ensure the vessel is designed, constructed, and equipped to operate safely and be seaworthy in its area of operation. This would include such things as:

Any modifications made to the vessel need to be recorded and done in accordance with appropriate standards and a demonstration of its compliance available if requested. Vessel stability may also need to be verified to include any modifications made to the vessel. See TP 15392E - Guidelines for fishing vessel major modification or a change in activity.

Owners and operators are also required to ensure all required certificates are up to date and valid prior to sailing. These certificates include but are not limited to:

Stability

Stability is important and has been found to be a contributing factor to many incidents in the past. Vessels that have a hull length of more than 9 m, built after July 13th, 2018, are required to have a stability assessment completed and onboard and display a stability notice. Vessels built prior to July 13th, 2018, are required to have adequate stability and owners may need to provide verification of adequate stability if requested.

Vessel crews should ensure weights are kept as low as possible and any water onboard is able to be shed overboard through pumps or freeing ports. Vessels with fluid catches should prevent excessive movement of the catch with subdivisions or totes, etc. Any deck equipment should be stacked and secured, keeping as low a center of gravity as possible in mind. Crew members should ensure that weights are distributed as low as possible and that excess weight on upper decks is minimized to prevent stability issues.

Fishing vessel owners are required to develop detailed instructions addressing the limits of stability for each of their vessels. The instructions must be based on a formal assessment of the vessel by a qualified naval architect and include detailed safe operation documentation. Instructions should be kept on board the vessel at all times.

Fishing vessel owners should also keep on-board detailed documentation on engine room procedures, maintenance schedules to ensure watertight integrity, and instructions for regular practice of emergency drills.

Fish harvesters should know the limitations of their vessels. If unsure, the vessel operator should contact a qualified, naval architect or persons and organizations competent to conduct a stability assessment as defined in the Fishing Vessel Safety Regulations.

Emergency Procedures and Drills

Since 2017, small fishing vessels have been required to have written safety procedures onboard. This includes, for example:

These procedures are specific to the vessel, the operation, and the numbers of crew members onboard. Each vessel is different so as crew members change vessels, the owner and operator are required to ensure the crew is familiar with the vessel’s layout and safety equipment placement and use, so they are aware of their duties in an emergency. Please see: Templates for small fishing vessel procedures.

Drills should be recorded and conducted as often as necessary to ensure crew members are familiar with the vessel’s safety procedures. Every time a new crew member comes onboard, a review of the safety procedures followed by drills should take place. Existing crew members should conduct drills several times a year to remain proficient.

Should a vessel be found to not have appropriate written safety procedures onboard, they will be detained by a Transport Canada representative and prevented from sailing until such time as the procedures are onboard and the crew can demonstrate proficiency. See SSB No.: 14/2024 for more information.

Since July 30, 2003 all crew members with more than six months at sea are required to have taken minimum Marine Emergency Duties (MED) training or be registered for such training. MED provides a basic understanding of:

Safety Equipment

Vessel safety equipment from the Fishing Vessel Safety Regulations is based on hull length and the vessels voyage (longer vessels going further offshore require more safety equipment).

Clarifying “hull length” measurement as per the Fishing Vessel Safety Regulations Part 0.1 Definition - SSB No.: 25/2022 is available if you have more questions regarding how to measure the hull length for your vessel.

TC uses a vessel's hull length which is defined as the longest length from stem to transom, including parts that are permanently fixed to the vessel and extend beyond the stem or transom such as:

DFO uses the vessel length overall which is defined as the maximum horizontal distance measured between perpendiculars erected at the extreme ends of the outside of the main hull of a vessel (includes the vessel‘s bottom, sides and deck). Transom platforms extending beyond the stern of a vessel, and any other extensions on the hull will be considered part of the main hull of a vessel.

Personal Flotation Devices (PFDs)

PDFs (or life jackets) are to be worn when there is a risk of drowning. The Master is to determine when there is a risk of drowning and inform the crew to wear a PFD (or life jacket).

PFDs for fishing vessels must be Transport Canada approved and be:

Owners and operators are to be aware that requirements for the usage and wear of PFDs is regulated by both the Provincial OHS and federally by Transport Canada Marine Safety and Security. Please check your provincial requirements to ensure all applicable requirements are followed.

Cold Water Immersion

Vessel operators should know what to do to prevent themselves or their crew from falling into the water and what to do if that occurs. Drowning is the number one cause of death in the fishing industry. Cold water is defined as water below 25 degrees Celsius, but the greatest effects occur below 15 degrees Celsius. Newfoundland and Labrador waters are usually below 15 degrees.

The effects of cold water on the body occur in four stages:

Weather

Vessel owners and operators are reminded of the importance of paying close attention to current weather trends and forecasts during the voyage. Marine weather information and forecasts can be obtained from Environment Canada’s website, Marine Forecasts and Warnings for Canada - Environment Canada.

Emergency Radio Procedures

Vessel owners and operators should ensure that all crew are able to activate the Search and Rescue (SAR) system by contacting the Canadian Coast Guard (CCG). It is strongly recommended that all fish harvesters carry a registered 406 MHz Emergency Position Indicating Radio Beacon (EPIRB), registered with Coast Guard’s National Search and Rescue Secretariat.

All crew members should know how to make a distress call and should obtain their restricted radio operator certificate from Innovation Science and Economic Development (ISED) Canada (formerly Industry Canada).

Since August 1, 2003, all commercial vessels greater than 20 metres in length are required to carry a Class D VHF Digital Selective Calling (DSC) radio, register their DSC radios with ISED Canada with a Marine Mobile Services Identity (MMSI) number. A registered DSC VHF radio has the capability to alert other DSC equipped vessels in the immediate area and advise Coast Guard MCTS that the vessel is in distress.

Collision Regulations

Fish harvesters should have a thorough knowledge of the Collision Regulations and the responsibilities between vessels where the risk of collision exists. Navigation lights must be kept in good working order and must be displayed from sunset to sunrise and during all times of restricted visibility.

To help reduce the potential for collision or close-quarters situations that may also result in the loss of fishing gear, fish harvesters are encouraged to monitor the appropriate local Vessel Traffic Services (VTS) VHF channel when traveling or fishing near shipping lanes or other areas frequented by large commercial vessels.

Sail Plan

An important trip consideration is the use of a sail plan which includes the particulars of the vessel, crew, and voyage. The sail plan should be left with a responsible person on shore or filed with the local MCTS centre. After leaving port, the fish harvester should contact the holder of the sail plan daily or as per another schedule. The sail plan should ensure notification to JRCC when communication is not maintained, which might indicate your vessel is in distress. Be sure to cancel the sail plan upon completion of the voyage.

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