Canada’s 3lno american Plaice Fishery Relative to msc standards Prepared for



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TABLE OF CONTENTS





TABLE OF CONTENTS 2

PREAMBLE 3

1.0 INTRODUCTION 4

1.1 Background 4

1.2 American Plaice Catch 4

1.3 Grid Analysis 7

2.0 SCORING TABLE 9

3.0 REFERENCES 31

APPENDIX I GEAC >100’ AMERICAN PLAICE CATCH SINCE 1988 35

APPENDIX II PLAICE CONSERVATION PLAN 3

APPENDIX III 1988-1992 DIRECTED FISHERY 5


PREAMBLE 1
1.0 INTRODUCTION 2

1.1 Background 2

1.2 American Plaice Catch 2

1.3 Grid Analysis 5


2.0 SCORING TABLE 7
3.0 REFERENCES 29
APPENDIX I GEAC >100’ AMERICAN PLAICE CATCH SINCE 1988 ii

APPENDIX II PLAICE CONSERVATION PLAN iii

APPENDIX III 1988-1992 DIRECTED FISHERY v

PREAMBLE

This scoping document provides a preliminary contrast of the American plaice against Marine Stewardship Council (MSC) principles and performance indicators. Presentation of yellowtail assessment and surveillance audit results are provided to benchmark the American plaice fishery as both fisheries would used the same gear and be pursued in a similar manner by Ocean Choice International (OCI).
A summary of the performance indicators where the American plaice fishery is at risk of scoring less than the 80 benchmark score required to pass are provided:


  • 1.1.1 Stock Status: b) The stock is not at or fluctuating around the target reference point of 242,000t.

Issue: The recovery trajectory is not currently sufficient to reach the target within 10 years, as a generation for American plaice is about 16 years, even if Blim is attained tomorrow. Fishing mortality has declined in recent years and is low at 0.1.




  • 1.2.3 Information and Monitoring: a&c) Information regarding fishery removals is questionable as per statements recorded in the Scientific Council Meeting in June 2013. The SC 2014 meeting did estimate catch, but the methodology used is not likely to be sustainable. The ad hoc NAFO working group on catch statistics is in place.




  • 2.1.1 Retained Species – Outcome: The incidence of bycatch, though it can be inferred, is unknown and may pose risk to the species that are


  • 2.1.2 Retained Species - Management: a) A number of measures have been defined and are anticipated to be adopted into the IFMP by the end of 2015. These measures include definition of minimum mesh sizes in gear, bycatch provisions, small fish protocol, monitoring and enforcement activities, season, quotas and spawning closures.




  • 3.2.1 Fishery Specific Objectives: a) Objectives for the fishery have not been clearly defined, nor is there an IFMP in place documenting these objectives.

Information for the American plaice fishery has been summarized for the periods 1994-2010 when plaice was harvested as incidental bycatch, and 1988-1992 during directed fishing efforts. The spatial and temporal attributes of the fishery are examined in the document and maps and tables provided in Appendices I and III.


1.0 INTRODUCTION

1.1 Background



Purpose: The purpose of this report is to contribute information to the upcoming Fishery Improvement Plan for the Canadian bottom trawl fishery of 3LNO American plaice located on the Grand Banks of Newfoundland in Canada.
MSC benchmarking: It is OCI’s intention to apply for MSC certification of the American plaice fishery once the spawning stock biomass exceeds the established limit reference point. In preparation for this application, an estimate of how the attributes of the fishery would score against Marine Stewardship Council (MSC) performance indicators (PI’s) is provided. The following information is provided for each PI in the scoring table:


  • Performance indicator: Each performance indicator relative to the three principles used by a certifying body is provided.



  • Score: For each PI a score of either ‘Risk of <80’ or ‘Likely >= 80’ is provided as guidance for further discussion. Where ‘Risk of <80’ is stated, candidate actions are provided regarding the specific requirement(s) that pose this risk.



  • Scoring comments: Scoring comments are provided in the same format for all PI’s, and include:



  • 80 scoring goalpost: The individual requirements to achieve a minimum of an 80 score from the MSC guide as reference material.



  • Yellowtail score: Given the similarities (vessels, gear, and area) of the yellowtail and plaice fisheries, the yellowtail score from the MSC assessment is stated. For those PI’s where meeting a condition was required, the actions taken to meet the condition and revised score are provided. Given the nature and location of the traditional directed American Plaice fishery in 3L, and of the mixed Plaice/Yellowtail fishery in 3LNO, it may be reasonably observed that scoring for Pinciples 2 and 3 of the 3LNO American Plaice would be quite similar to scoring for 3LNO Yellowtail.



  • American plaice: Each of individual requirements for the PI are addressed. In most cases where the score is deemed ‘Likely >= 80’ the evidence provided in the yellowtail assessment and subsequent surveillance audits are cited as proxy evidence for the American plaice fishery.

Relevant reference documents for each of the PI’s has also been provided in a shared dropbox and a bibliography is provided in Section 3.



1.2 American Plaice Catch


American plaice is currently an incidental capture species. American plaice is caught primarily in three directed fisheries in 3LNO, including yellowtail, Greenland halibut and redfish. The attributes of these fisheries in the 3LNO area are:


  • Yellowtail 3LNO: The yellowtail TAC is currently 17,000t and has been exploited at much lower levels in recent years, though the anticipation is that the catch will be close to the TAC in the next several years. Recent catches, 2012 and 2013, indicate that the bycatch of American plaice is 11.27%1 of yellowtail harvest.




  • Greenland Halibut 3LMNO: The Greenland halibut TACs are provided for 3LMNO, broader than the target area, 3LNO, being evaluated. The 2012 TAC for 3LMNO is 11,493t, 1,724t allocated to Canada, and the overall TAC is well subscribed at ~90%. The Canadian offshore allocation is fished exclusively in 2J3K and Canadian 3LNO fishing efforts occur almost exclusively in the summer in deepwater when the incidence of American plaice bycatch is very low.

    Actual American plaice bycatch in the Canadian 3LNO fishery is estimated to be 0.59%2. Biomass estimates in 3LNO have been trending down; therefore higher quantities of American plaice bycatch due to increased Greenland halibut TAC are not anticipated.






  • Redfish 3LN: Catches of 3LN redfish declined to low levels in the early 1990s and have since varied between 450–3,000t. From 1998-2009 a moratorium was in place, and since 1998 catches were taken as by-catch, primarily in Greenland halibut fisheries. The stock is now above Bmsy and since the reopening of the fishery in 2010 catches have increased to 4,100t and 5,395t in 2010 and 2011 respectively.

    TAC has increased moderately since re-opening from 3,500t to a 7,000t in 2014, and indications are that the TAC could double or triple above current levels and still permit stock growth. Canadian 3LN redfish TAC, 42.6% of total, will likely be fully harvested now and in future years. NAFO is implementing a multi-year harvest strategy for this fishery.

    Bycatch of American plaice in the directed 3LN redfish fishery has been modest, averaging 1.71%3, and in 2006 there was not American plaice encountered.

    It should be noted that the Canadian 3O redfish TAC, 6,000t, is not utilized due to the small size of fish captured.


The allowable bycatch rates for each of these directed fisheries have been defined by NAFO in the conservation and harvesting plan (Appendix II) and in the Canadian >30.48m Groundfish Harvesting Plan. Estimates of American plaice bycatch from these directed fisheries has been calculated from various information sources to determine both the maximum bycatch based on defined limits, and anticipated bycatch given historical bycatch rates. The following table provides this summary of both the maximum and anticipated American plaice based on current utilized TAC’s for yellowtail and Greenland halibut from direct fisheries in 3LNO. The 3LN redfish TAC estimates provide the current TAC of 7,000t and the anticipated TAC the Canadian proposal of an additional 2,000t per year for the next seven years.



Estimates of maximum and anticipated American plaice catch



Seasonal migration: Anecdotal information supported by the bycatch mapping exercises, indicate there is a seasonal migration of American plaice to deeper water in the late fall and to shallow water in the late spring. This observation is substantiated by the fact that most of the American plaice bycatch occurs in the deeper water redfish (300-500m) and turbot fisheries (>500m) in the spring and fall months, and in the yellowtail fishery in the late spring through to late fall in shallower water (<200m).
Summary: The American plaice spawning stock biomass has been trending up over the past 10 years, and based on recent modeling (NAFO SC SCR 12-33) is forecast to reach Blim under the F=0.11 effort p50 at some point after 2014. Based on the projections in the 2012 assessment, as long as the recruitment/age composition remains close to current, and the catch does not increase too much, then the SSB should continue positive growth. The catch should remain less than 4,300t to maintain positive growth trajectory. This harvest level aligns with the maximum plaice bycatch calculated, 3,825t, and the maximum amount estimated by GEAC, 4,000t.
The abundance, as per the survey index, of American plaice in 3NO currently is similar to levels when the total stock was in a healthier condition. The most significant decline of American plaice abundance occurred in 3L, where the majority of direct fishing efforts occurred. It is this 3L component of the stock that remains in recovery, and if current bycatch harvest levels were having a negative impact on the 3L stock increases would not be occurring.


Historical landings, SSB forecast and Blim



Notes:

1. 2000-2010 catch data from STCFIS













2. 2011-2012 Canadian data from DFO quota reports.







3. 2013 Canadian data is estimated.













4. SSB trajectory from NAFO science advice summary F2010=0.11 p50





















1.3 Grid Analysis


A mapped grid analysis of American plaice capture (Appendix II) was completed to illustrate graphically, the spatial activity of the fishery as a bycatch fishery for the period 1994-2010, and as a directed and mixed species fishery for the period 1988-1992. The analysis accurately reflects the statistical data available from the offshore harvesting sector, and maps the fishing areas in relation to location and catch.

Analysis Parameters: For the 17 year period of American plaice landings as bycatch, 100% of the landing records were geo-coded and 100% of the OCI and FPI landing records were utilized. For the five year period of American plaice directed or mixed species fisheries, less than 1% of the records were properly geo-coded; however, nearly 100% of records stated the unit area. As a result, for the period 1988-1992 the unit area was utilized for map grid presentation.
For the 17 year period 1994-2010, the spatial aggregation utilized makes use of a fixed latitude/longitude grid to summarize the contents of landing statistics and to report results in both tabular and map form. The grid utilized in this assessment and in most regional assessments is 1/10th degree by 1/10th degree, or 6x6 minutes, corresponding to ~25 square nautical miles4.
The resulting grid cells for both time periods are classified into three categories; those that form the bottom, middle and top 1/3rd of the total reported bycatch or directed catch. The cells in the top 1/3rd of the fishery, which are fewer, are considered the areas where bycatch or directed catch is more frequent; those widely distributed are in the bottom 1/3rd and are considered less critical harvest areas.
Data Limitations: The data limitations of this analysis include location or spatial dimension of the landing statistics, especially when it comes to mapping the footprint of mobile gear. Though set location data is available for all sets from 1994-2010, there is no indication in the data of the direction of the tow, nor its explicit length5. Therefore, the cell within which the set location is recorded is assumed to be the only cell within which the tow occurred.

2.0 SCORING TABLE




PI




Score

Scoring Comments

Outcome

1.1.1

Stock status

Risk of <80



Scoring Guidepost: The scoring guidepost to meet 80:
a) It is highly likely that the stock is above the point where recruitment would be impaired.
b) The stock is at or fluctuating around its target reference point.
Yellowtail score: 95. The assessment met all 80 scoring guideposts.
American Plaice: The availability of documentation for American plaice would be as good as or better than yellowtail.
a) While certification must await SSB to exceed the Blim of 50,000t, which is estimated to occur sometime after 2014, both the Scientific Council’s model and the anticipated bycatch projections indicate the first requirement will be met.
b) The second requirement may not be met, even after the five-year certification, as the target reference of 242,000t (Bmsy), is well above the Blim.

1.1.2

Reference points

Likely >=80

Scoring Guidepost: The scoring guidepost to meet 80:
a) Reference points are appropriate for the stock and can be estimated.
b) The limit reference point is set above the level at which there is an appreciable risk of impairing reproductive capacity.
c) The target reference point is such that the stock is maintained at a level consistent with BMSY or some measure or surrogate with similar intent or outcome.
d) For low trophic level species, the target reference point takes into account the ecological role of the stock.
Yellowtail score: 80. The assessment met all 80 scoring guideposts.
American Plaice: The availability of documentation for American plaice would be as good as or better than yellowtail.
a) Reference points have been established by NAFO (NAFO Doc FC 10/13).
b) The limit reference point has been calculated by NAFO’s Scientific Council (NAFO FC Doc 11/4).
c) The target reference point is consistent with BMSY.
d) Not applicable.

1.1.3

Stock rebuilding

Likely >=80

Scoring Guidepost: The scoring guidepost to meet 80:
a) Where stocks are depleted rebuilding strategies are in place.
b) There is evidence that they are rebuilding stocks, or it is highly likely based on simulation modeling or previous performance that they will be able to rebuild the stock within a specified timeframe.
Yellowtail score: N/A. The stock is not depleted; therefore, no score is prescribed.
American Plaice: The stock will be at or above Blim if the stock continues on its growth strategy as per NAFO Doc FC FCR 12/33. It is likely, modeling using F=0.11 at p50, that Blim will be achieved sometime after 2014 using a 4,300t harvest in 2013.
a) The fishery is under moratorium. An interim rebuilding strategy has been adopted by NAFO (NAFO/FC Doc. 11/4) as provided in Appendix II.
b) The design of the harvest control rules does not enable simulation modeling. However, the stock trajectory has been increasing towards Blim.

Management

1.2.1

Harvest strategy

Likely >=80

Scoring Guidepost: The scoring guidepost to meet 80:
a) The harvest strategy is responsive to the state of the stock and the elements of the harvest strategy work together towards achieving management objectives reflected in the target and limit reference points.
b) The harvest strategy may not have been fully tested but monitoring is in place and evidence exists that it is achieving its objectives.
Yellowtail score: 85. The assessment met all 80 scoring guideposts.
American Plaice: The availability of documentation for American plaice would be as good as or better than yellowtail.
a) The American plaice stock remains under moratorium with measures in place to minimize bycatch, harvest control rules are adhered to in allocation decisions, both of which provide a responsive management harvest strategy. The elements of this strategy work together to achieve objectives related to the implied target and limit reference points.
b) The Harvest Strategy has not been fully tested but the increase in the stock size since the closure of the fishery, and regular stock monitoring (at least every two years), provides evidence that the strategy is meeting its objectives.

1.2.2

Harvest control rules & tools

Likely >= 80

Scoring Guidepost: The scoring guidepost to meet 80:
a) Well defined harvest control rules are in place that are consistent with the harvest strategy and ensure that the exploitation rate is reduced as limit reference points are approached.
b) The selection of the harvest control rules takes into account the main uncertainties.
c) Available evidence indicates that the tools in use are appropriate and effective in achieving the exploitation levels required under the harvest control rules
Yellowtail score: 65 [Rescored to 80 November 2013] The 65 score was assigned as guidepost c) was not achieved. Action plan required HCR’s to be established; these have been submitted and adopted by DFO.
American Plaice: The availability of documentation for American plaice would be as good as or better than yellowtail.
a) Harvest control rules have been adopted by the Fisheries Commission, (NAFO/FC Doc. 11/4) which are consistent with the harvest strategy.
b) The harvest control rules limit effort to unavoidable bycatch only when SSB is c) As the SSB is currently below Blim, there is no directed fishing, and by-catch is restricted in both the NAFO and DFO regulated fishing areas, at 15% of the directed yellowtail fishery and 5% of other directed fisheries.

1.2.3

Information & monitoring

Risk of <80


Scoring Guidepost: The scoring guidepost to meet 80:

a) Sufficient relevant information related to stock structure, stock productivity, fleet composition and other data is available to support the harvest strategy.



b) Stock abundance and fishery removals are regularly monitored at a level of accuracy and coverage consistent with the harvest control rule, and one or more indicators are available and monitored with sufficient frequency to support the harvest control rule.
c) There is good information on all other fishery removals from the stock.
Yellowtail score: 90. The assessment met all 80 scoring guideposts.
American Plaice: The availability of documentation for American plaice may be questionable, as indicated by minutes from the June 2013 Scientific Council Meeting (page 115), which states “The inconsistency between the information available to produce catch figures used in the previous year’s assessments and that available for the 2011 and 2012 catches has made it impossible for STACFIS to provide the best assessments for some stocks and had lead to increased uncertainties for others for which analytical assessment could be carried.”
a) By all measures this is an information rich fishery, with considerable information available regarding stock structure, stock productivity, and fleet composition. However, questionable reporting by some foreign nations may limit the effectiveness of monitoring systems that support the harvest strategy.
b) The stock is monitored through annual fishery independent research surveys, biennial stock assessments, and annual stock updates. The Canadian component of the fishery is monitored through numerous means including, aerial surveillance, at-sea surveillance, electronic surveillance, and dockside monitoring, with adequate checks and balances to ensure compliance with the rules and comprehensive information on fishery removals.
c) Information regarding other fishery removals for this stock may be questionable, which may jeopardize the opportunity to receive 80 or more points for this performance indicator.

1.2.4

Assessment of stock status

Likely >=80

Scoring Guidepost: The scoring guidepost to meet 80:
a) The assessment is appropriate for the stock and for the harvest control rule, and is evaluating stock status relative to reference points.
b) The assessment takes uncertainty into account.
c) The stock assessment is subject to peer review.
Yellowtail score: 90. The assessment met all 80 scoring guideposts.
American Plaice: The availability of documentation for American plaice would be as good as or better than yellowtail.
a) The American plaice stock is assessed every two years and reviewed by the Scientific Council of NAFO. Status updates are completed in years when assessments are not conducted. The assessment methodology currently employed in assessing 3LNO American plaice is a Virtual Population Analysis using ADAPT. Stock status reports are provided relative to established reference points.
b) The assessment takes uncertainty into account, and provides probability and risk analysis with the objective of maintaining a positive stock growth trajectory.

c) The work of the lead biologist is submitted to the NAFO Scientific Council, which employs a peer-review and assessment process.



Retained Species

2.1.1

Outcome

Risk of <80

Scoring Guidepost: The scoring guidepost to meet 80:
a) Main retained species are highly likely to be within biologically based limits, or if outside the limits there is a partial strategy of demonstrably effective management measures in place such that the fishery does not hinder recovery and rebuilding.
Yellowtail score: 75. [Rescored to 80 January 2013]There had been no analysis of the effect of limiting cod bycatch to 2% in this fishery.This condition was addressed by completing a projection of cod bycatch at maximum yellowtail TAC harvest levels, and modeling the impact of the cod bycatch against the recovery strategy.
American Plaice: The availability of documentation for American plaice would be as good as or better than yellowtail.
a) The main species retained in an American plaice fishery are cod, yellowtail, and witch. Yellowtail is above Bmsy. Cod in 3L and 3NO as well as witch in 2J3KL are assessed as being below Blim, though limit reference points for witch in 3NO are currently under review and Canada is prepared to propose a proxy to be effective in 2015.A rebuilding strategy for cod in 3NO has been adopted by NAFO, and rebuilding strategies for 3L cod and witch in 3NO are under development by the respective jurisdictions. Cod in both 3L and 3NO is under moratoria, with bycatch limits established by NAFO at 5% and 4% respectively. Witch in both 3L and 3NO is under moratoria, with bycatch limits established at 5%.

There is evidence that this strategy is working asthe SSB of both cod stocks have more than tripled in recent years. There is no assessment model for witch, and independent research vessel results vary without trend, with the scientific conclusion that low fishing mortality levels are not hindering stock recovery.




2.1.2

Management

Risk of <80

Scoring Guidepost: The scoring guidepost to meet 80:
a) There is a partial strategy in place, if necessary that is expected to maintain the main retained species at levels which are highly likely to be within biologically based limits, or to ensure the fishery does not hinder their recovery and rebuilding.
b) There is some objective basis for confidence that the partial strategy will work, based on some information directly about the fishery and/or species involved.
c) There is some evidence that the partial strategy is being implemented successfully.
Yellowtail score: 75 [Rescored to 80 December 2011] It was found the management strategy was not specific enough to keep the bycatch of witch to the lowest possible level. This association condition was successfully closed out through current monitoring practices coupled with the 'move-on' procedure in order to maintain bycatch below 1%.
American Plaice: The availability of documentation for American plaice would be as good as or better than yellowtail.
a) The flatfish fishery on the Grand Banks is relatively clean due to a suite of management measures that have been established. These measures include definition of minimum mesh sizes in gear, bycatch provisions, small fish protocol, monitoring and enforcement activities, season, quotas and spawning closures. In the yellowtail fishery the primary bycatch species have maximum take and move on conditions that ensure recovery and rebuilding strategies are not compromised. Similar protocols have been proposed for the American plaice fishery and are anticipated to be adopted into the harvesting plan prior to the end of 2015. When this occurs, a score of 80 or higher should be achieved.

Bycatch of cod and witch by OCI has remained below the 4% and 5% respective maximums. Further, cod has low catchability in the gear, and there is general avoidance of areas where vessel captains consider that high levels of bycatch would be likely (i.e. avoiding areas of relatively deep water outside the 200 nm EEZ), and the operation of a voluntary ‘move-on’ rule when higher than desirable levels of bycatch are encountered.


The incidence of witch capture in the existing yellowtail fishery is rare, comprising only 0.59% bycatch. Specific rules around capture, retention and bycatch avoidance should be developed for plaice and the harvesting plan developed and the fishery performance is monitored.
If these actions were taken it is likely that the American plaice would meet this condition.
b) The strategy has been demonstrated to work as evidenced by reported and observed bycatch levels in the fishery and independent monitoring of fishing activity for the yellowtail fishery. Similar reporting methods would be necessary upon commencement of an American plaice fishery. Implementing rules for cod and witch bycatch in a directed American plaice fishery should meet this condition.
c) Assuming an American plaice certification assessment would occur after at least one year of a directed fishery, and because of the nature of the management regime, it can reasonably be assumed that evidence provided will satisfy the MSC Assessment requirements.


2.1.3

Information

Likely >=80


Scoring Guidepost: The scoring guidepost to meet 80:
a) Qualitative information and some quantitative information are available on the amount of main retained species taken by the fishery.
b) Information is sufficient to estimate outcome status with respect to biologically based limits.
c) Information is adequate to support a partial strategy to manage main retained species.
d) Sufficient data continue to be collected to detect any increase in risk level (e.g. due to changes in the outcome indicator scores or the operation of the fishery or the effectiveness of the strategy).
Yellowtail score: 85. The assessment met all 80 scoring guideposts.
American Plaice: Given that a directed fishery may occur for one year prior to a MSC assessment, there may be adequate data regarding bycatch to provide quantitative information. Though bycatch results may be inferred from the yellowtail fishery, the difference in fishing area and depth may disqualify using this information as a proxy. The historical directed fishery (1988-1993) for which information is available could also be used as a proxy; however, significant changes in technology since 1993 may also render this proxy invalid.
a) Quantitative information for a directed plaice fishery is not currently available. However, bycatch data for a directed American plaice fishery should be available after the first year of the directed fishery, which will be prior to an MSC assessment. Upon commencement of a directed fishery, information from existing monitoring programs, implementation of fishery specific bycatch avoidance strategies and incorporation of these strategies in the CHP should provide a passing mark.
b) Information regarding the biomass of primary bycatch species is available for cod and witch. Fishery independent data are collected from fishery research surveys conducted by NAFO and Contracting Parties within and outside Canada’s 200 nm EEZ. Detailed stock assessments of these commercially valuable bycatch species are then regularly undertaken within NAFO, such that the outcome status of the stocks with respect to changing exploitation rates is well understood.

With cod on a positive growth trajectory and witch biomass estimates increasing since 2005 the likely impact of bycatch on stock recovery of these species appears to be low. While any bycatch level has a slowing effect on recovery, the current bycatch levels permit stock growth.


c) In support of stock assessment for bycatch species, biological data for bycatch species are collected from the directed fisheries through observer and dockside monitoring programs (e.g. length, weight, age, maturity status). Fishery independent, data are also collected from research surveys conducted by NAFO, and Contracting Parties within and outside Canada’s 200 nm EEZ. Detailed stock assessments of commercially valuable bycatch species are regularly undertaken within NAFO, such that outcome status of the stocks with respect to changing exploitation rates is well understood.
d) Existing research and monitoring programs will provide sufficient data to detect a change in risk level.

Discarded Species

2.2.1

Outcome

Likely >=80

Scoring Guidepost: The scoring guidepost to meet 80:
a) Main bycatch species are highly likely to be within biologically based limits or if outside such limits there is a partial strategy of demonstrably effective mitigation measures in place such that the fishery does not hinder recovery and rebuilding.
Yellowtail score: 80. The assessment met all 80 scoring guideposts.
American Plaice: It is possible the incidence of skate catch would increase in a directed plaice fishery as the depth, 50-100m versus <60m for yellowtail, is more suitable for skate (Stehmann, M. 1991). However, given that historical bycatch rates of skate in a directed plaice fishery are low, the current catch of skate is much less than TAC and less than the threshold, 4,700t, thought to be sustainable, an increase in catch is unlikely to pose risk to the stock abundance.
a) The only species that could possibly be considered as being a “main bycatch species” is thorny skate. It has been demonstrated (Catchpole et al., 2007). that a similar species if returned quickly and handled carefully has a likelihood, two-thirds, of survival. Thorny skate stock levels in 3LNOPs have remained at low levels since the mid-1990s, with a low fishing mortality index since 2005. Recruitment index in 2010 and 2011 is 50% above average. Catches in recent years have remained well below established TAC’s, 14% in 2012.

2.2.2

Management

Likely >=80

Scoring Guidepost: The scoring guidepost to meet 80:
a) There is a partial strategy in place, if necessary, for managing bycatch that is expected to maintain main bycatch species at levels which are highly likely to be within biologically based limits or to ensure that the fishery does not hinder their recovery.
b) There is some objective basis for confidence that the partial strategy will work, based on some information directly about the fishery and/or the species involved.
c) There is some evidence that the partial strategy is being implemented successfully.
Yellowtail score: 90. The assessment met all 80 scoring guideposts.
American Plaice: It is possible the incidence of skate catch could increase in a directed plaice fishery as the depth, versus yellowtail, is more suitable for skate. Both the 2012 catch and 2010-2012 average catch declined to 4,200t (SCS 13-17), which is less than the 4,700t threshold previously cited (SCRep 2012) which provides continued stock growh. With ongoing monitoring of skate capture, an increase in catch is unlikely to pose risk to the stock abundance.
a) The use of the ‘Golden Top’ trawl for the yellowtail fishery will be used in a directed American plaice fishery. This trawl, with it’s low headline height, large rockhopper discs and large inside net and codend mesh sizes has been demonstrated to reduce bycatch of non-target species.

b) The use of flatfish specific gear provides a partial strategy for avoidance of bycatch. The low headline height, coverless design, larger inside mesh sizes for the trawl, 165mm, and codend, 150-155mm, which has demonstrated to reduce bycatch.



c) Evidence provided from the yellowtail fishery demonstrates that the capture avoidance strategy has been effective. The bycatch of thorny skate in the OCI yellowtail fishery has been 0.38% from January 1, 2011 to October 17, 2013, comprising 34.2t.


2.2.3

Information

Likely >=80

Scoring Guidepost: The scoring guidepost to meet 80:
a) Qualitative information and some quantitative information are available on the amount of main bycatch species affected by the fishery.
b) Information is sufficient to estimate outcome status with respect to biologically based limits.
c) Information is adequate to support a partial strategy to manage main bycatch species.
d) Sufficient data continue to be collected to detect any increase in risk to main bycatch species (e.g. due to changes in the outcome indicator scores or the operation of the fishery or the effectiveness of the strategy).
Yellowtail score: 90. The assessment met all 80 scoring guideposts.
American Plaice: The availability of documentation for American plaice would be as good as or better than yellowtail.
a) Accurate and verifiable information is available on the level of bycatch for thorny skate, which is the only bycatch species likely to be discarded in the Plaice fishery.
b) Actual bycatch figures are reported and quantified through the offshore observer program and recorded each tow onboard all OCI vessels. Total catches of skate in recent years have remained well below established TAC’s, the incidence of skate encounters in the yellowtail fishery, 0.38% from 2011-2013, coupled with inferred survivability of returns, indicates that using similar gear in a directed plaice fishery would pose little risk to the skate stock.
c) Bycatch avoidance of skate is employed at the discretion of vessel Captains as skate can damage directed species (punctures), and return methods are well established, comprising a partial strategy.
d) Established monitoring and reporting programs permit the ability to detect any risk to main bycatch species. The bycatch of thorny skate in the OCI yellowtail fishery has been 0.38% from January 1, 2011 to October 17, 2013, comprising 34.2t.

ETP Species

2.3.1

Outcome

Likely >=80

Scoring Guidepost: The scoring guidepost to meet 80:
a) The effects of the fishery are known and are highly likely to be within limits of national and international requirements for protection of ETP species.
b) Direct effects are highly unlikely to create unacceptable impacts to ETP species.
c) Indirect effects have been considered and are thought to be unlikely to create unacceptable impacts.
Yellowtail score: 90. The assessment met all 80 scoring guideposts.
American Plaice: The availability of documentation for American plaice would be as good as or better than yellowtail.
a) SARA listed species of potential relevance to this assessment include leatherback turtles, north Atlantic right whale (endangered), blue whale (endangered), fin whale (special concern), Sowerby’s beaked whale (special concern) and wolfish. Increasing amounts of information are becoming available on the leatherback turtle in the Northwest Atlantic, largely thanks to reporting by the commercial fishing industry, but it appears that the animal is not present in 3LNO waters offshore where the existing flatfish fishery operates (Atlantic Leatherback Turtle Recovery Team, 2006). Though whales are present in the area there are no reports of cetacean interactions with the existing flatfsh fishery. OCI harvest records indicate that only 260kg of wolfish have been encountered in the flatfish fishery from January 1, 2011 until October 17, 2013.
b) SARA listing requires that all wolfish must be released upon capture by Canadian fisheries. These species are relatively resilient, and work undertaken by the Centre for Sustainable Aquatic Resources showed that post-capture survival rates of wolfish taken in otter trawls were likely to exceed 90% (Grant et al., 2005).

OCI vessels have implemented a wolfish hotspot avoidance protocol, where up to date information on wolfish interaction is shared between vessels to direct vessels away from areas where wolfish is encountered.


c) Though indirect effects on wolfish spawning and nesting sites are unknown, analysis of the Wolfish Recovery Team indicates the greatest decline in population of Northern and Spotted wolfish occurred in areas where there is no bottom trawl fishery; the population in 3LNO continues to be relatively healthy.

2.3.2

Management

Likely >=80

Scoring Guidepost: The scoring guidepost to meet 80:
a) There is a strategy in place for managing the fishery’s impact on ETP species, including measures to minimise mortality, that is designed to be highly likely to achieve national and international requirements for the protection of ETP species.
b) There is an objective basis for confidence that the strategy will work, based on some information directly about the fishery and/or the species involved.
c) There is evidence that the strategy is being implemented successfully.
Yellowtail score: 90. The assessment met all 80 scoring guideposts.
American Plaice: The availability of documentation for American plaice would be as good as or better than yellowtail.
a) SARA requires that action is undertaken to address the status of listed species, and a recovery strategy for northern and spotted wolfish has been combined with a management plan for Atlantic wolfish (Kulka et al., 2007). This document lists five primary objectives and related activities, linked to the goal of increasing the population levels and distribution of northern, spotted and Atlantic wolfish in eastern Canadian waters such that the long-term viability of these species is achieved.
b) OCI’s efforts to address wolfish capture and mortality are consistent with national requirements of SARA listed species. The handling and live release techniques are an excellent practice and, combined with the hotspot avoidance program, comprise a strategy to manage the fishery’s impact on wolfish.
c) This strategy can be deemed effective as a total of only 260kg (0.002%) of wolfish was captured in the directed flatfish fishery from January 1, 2011 until October 17, 2013.

2.3.3

Information

Likely >=80

Scoring Guidepost: The scoring guidepost to meet 80:
a) Information is sufficient to determine whether the fishery may be a threat to protection and recovery of the ETP species, and if so, to measure trends and support a full strategy to manage impacts.
b) Sufficient data are available to allow fishery related mortality and the impact of fishing to be quantitatively estimated for ETP species.
Yellowtail score: 85. The assessment met all 80 scoring guideposts.
American Plaice: The availability of documentation for American plaice would be as good as or better than yellowtail.
a) Accurate and verifiable information is available on the level of catch and discard of wolffish, which is the only
ETP species of concern in the flatfish fishery. Measures are in place that provide avoidance measures, careful and quick return methods resulting in high survivability, thus providing an effective strategy to manage impacts.
b) Established monitoring and reporting programs permit the ability to detect risk to ETP species. The bycatch of wolfish in the OCI flatfish fishery has been 260kg (0.002%) from January 1, 2011 to October 17, 2013.

Habitats

2.4.1

Outcome

Likely >=80

Scoring Guidepost: The scoring guidepost to meet 80:
a) The fishery is highly unlikely to reduce habitat structure and function to a point where there would be serious or irreversible harm.
Yellowtail score: 80. The assessment met all 80 scoring guideposts.
American Plaice: The availability of documentation for American plaice would be as good as or better than yellowtail.
a) Given consideration to the history of human use at the Grand Bank, and the levels of natural perturbation, the flatfish fishery is highly unlikely to reduce habitat structure and function to a point where there would be serious or irreversible harm. A potential consideration exists to the extent that American Plaice is caught as bycatch in other directed fisheries that occur in deeper water, i.e. turbot in 3L and redfish in 3LN. While coral and sponge concentrations may occur in deeper waters of the Slope, it is noteworthy that area closures have already been implemented to protect identified concentrations.

2.4.2

Management

Likely >=80

Scoring Guidepost: The scoring guidepost to meet 80:
a) There is a partial strategy in place, if necessary, that is expected to achieve the Habitat Outcome 80 level of performance or above.
b) There is some objective basis for confidence that the partial strategy will work, based on some information directly about the fishery and/or habitats involved.
c) There is some evidence that the partial strategy is being implemented successfully.
Yellowtail score: 80. The assessment met all 80 scoring guideposts.
American Plaice: The availability of documentation for American plaice would be as good as or better than yellowtail.
a) The spatial and temporal extent of the flatfish fishery is known and recorded on an ongoing basis; knowledge regarding the habitat impacted by the fishery is understood constituting a partial strategy to support habitat outcomes.
b) The habitat involved is comprised primarily of sand and gravel over bedrock. There is significant natural perturbation caused from waves, iceberg scouring and benthic species and information regarding habitat status is researched and reported on a regular basis.
c) The data available on the areas fished by the OCI fleet provide evidence and an objective basis for confidence that the partial strategy will work and is being implemented successfully.

2.4.3

Information

Likely >=80

Scoring Guidepost: The scoring guidepost to meet 80:
a) The nature, distribution and vulnerability of all main habitat types in the fishery area are known at a level of detail relevant to the scale and intensity of the fishery.
b) Sufficient data are available to allow the nature of the impacts of the fishery on habitat types to be identified and there is reliable information on the spatial extent, timing and location of use of the fishing gear.
c) Sufficient data continue to be collected to detect any increase in risk to habitat (e.g. due to changes in the outcome indicator scores or the operation of the fishery or the effectiveness of the measures).
Yellowtail score: 70 [Rescored to 80 in December 2013]. The certifier indicated initially there was a lack of detail regarding the habitat and the impact of the trawl fishery on the habitat. Two submission documents have been provided to the surveillance team citing many studies and illustrating the limited impact caused by trawls, defining the habitat on the Grand Bank and identifying the spatial and temporal aspects of the fishery. The latest submission, October 9, 2013, provided further evidence regarding the habitat structure and impact of the fishery.
American Plaice: The habitat in the area (Grand Bank) of a directed fishery for American plaice is known; however, the spatial extent of the fishery cannot be determined until a directed fishery provides history. An evidence package similar to that submitted in support of the yellowtail fishery certification should be provided in support of any American plaice assessment effort. This evidence package should infer the impact of the fishery from the yellowtail fishery.
a) Evidence compiled for the 2013 yellowtail surveillance audit provided detailed habitat information regarding the area where American plaice bycatch occurs and where the Canadian plaice directed fishery is likely to occur.
b) Though there is likely sufficient evidence to demonstrate the nature and impacts of the fishery on the habitat, the spatial extent of the fishery is not known and inferring the extent of the fishery based on yellowtail effort may be insufficient to meet the 80 scoring guidepost. If a similar information package is assembled for the area of the plaice fishery in 3L as was used in support of the yellowtail fishery, it is possible an 80 score for this PI can be achieved. To the extent that fishing occurs in 3NO, the score is likely to be >=80.
c) Sufficient data does continue to be collected through habitat monitoring research activities at DFO and data is captured on a tow by tow basis for all OCI flatfish fisheries.

Ecosystem

2.5.1

Outcome

Likely >=80

Scoring Guidepost: The scoring guidepost to meet 80:
a) The fishery is highly unlikely to disrupt the key elements underlying ecosystem structure and function to a point where there would be a serious or irreversible harm.
Yellowtail score: 80. The assessment met all 80 scoring guideposts.
American Plaice: The availability of documentation for American plaice would be as good as or better than yellowtail.
a) The main area of a directed American plaice fishery would be in 3L in the NE area of the Grand Banks. A low priority EBSA, Virgin Rocks, exists in the area due to its role as a spawning ground for cod, plaice and yellowtail. Only Gersemia rubiformi (soft coral), which is somewhat resilient to regular perturbation, are consistently distributed on the continental shelf, with an average depth of <174 m (Henry et al., 2003).

The dynamic nature of the shallow Grand Bank environment, and limited fished area, means that the key elements underlying the benthic ecosystem are unlikely to be disrupted by the activities of the flatfish fishery to the point that there would be serious or irreversible harm. A potential consideration exists to the extent that American Plaice is caught as bycatch in other directed fisheries that occur in deeper water, i.e. turbot in 3L and redfish in 3LN.



2.5.2

Management




Scoring Guidepost: The scoring guidepost to meet 80:
a) There is a partial strategy in place, if necessary, that takes into account available information and is expected to restrain impacts of the fishery on the ecosystem so as to achieve the Ecosystem Outcome 80 level of performance.
b) The partial strategy is considered likely to work, based on plausible argument (eg, general experience, theory or comparison with similar fisheries/ ecosystems).
c) There is some evidence that the measures comprising the partial strategy are being implemented successfully.
Yellowtail score: 80. The assessment met all 80 scoring guideposts.
American Plaice: The availability of documentation for American plaice would be as good as or better than yellowtail.
a) In the absence of an apparent need to manage impacts of the fishery on key ecosystem components, the way in which the fishery presently operates constitutes a partial strategy.
b) The partial strategy in place, minimum impact gear, bycatch avoidance strategy, for the yellowtail fishery can be inferred and considered to work.
c) The data available on the areas fished by the OCI fleet provide evidence and an objective basis for confidence that the partial strategy will work and is being implemented successfully.

2.5.3

Information

Likely >= 80

Scoring Guidepost: The scoring guidepost to meet 80 is provided:
a) Information is adequate to broadly understand the functions of the key elements of the ecosystem.
b) Main impacts of the fishery on these key ecosystem elements can be inferred from existing information, but may not have been investigated in detail.
c) The main functions of the Components (i.e. target, retained and ETP species and Habitats) in the ecosystem are known.
d) Sufficient information is available on the impacts of the fishery on these components to allow some of the main consequences for the ecosystem to be inferred.
e) Sufficient data continues to be collected to detect any increase in risk level (e.g. due to changes in the outcome indicator scores or the operation of the fishery or the effectiveness of the measures).
Yellowtail score: 70. [Rescored to 80 in January 2013] The data provided is not adequate to broadly understand the functions of the key elements of the shallow Grand Bank ecosystem, or that the main impacts of the fishery on these key elements may be inferred..
American Plaice: The availability of documentation for American plaice would be as good as or better than yellowtail.
a) Key elements of the ecosystem have been identified, and some relevant modeling has been conducted (i.e. Bundy, 2001). Physical, biological and oceanographic information has been, and continues to be, collected from the Grand Bank and surrounding areas. These include observer and dockside monitoring data (size, age, etc), and fishery-independent surveys that collect information on non-target as well as target animals in the epibenthic community. The Atlantic Zone Monitoring Program (AZMP:http://www.bio.gc.ca/monitoring-monitorage/azmp-pmza/index-eng.htm ) also provides ocean chemistry data in support of understanding wider scale ecosystem processes, while an atlas of human activities for the Grand Banks area has recently been produced (DFO, 2007a).
b) The main impacts of the fishery on these key ecosystem elements can be inferred from information provided in the second surveillance audit for yellowtail. This information including modeling of bycatch impact on the cod recovery strategy, data from the Arctic surfclam stock assessment surveys of Grand Bank is useful (Roddick et al. 2011), and new information from DFO’s Newfoundland NEREUS Ecosystem Research Initiative (DFO 2012, Gilkinson 2012).
c) Although the species composition of bycatch in the flatfish fishery would be expected to be, and is, different, the Arctic surfclam survey data would be expected to reliably reflect the key components of the ecosystem in the areas sampled given that gears relatively fine mesh size.
d) Research data collected have provided additional information (DFO 2012, Gilkinson 2012) on ecosystem elements, functions and potential fishery impacts across the Grand Bank, permitting the consequences for the ecosystem to be inferred.
e) Data continues to be collected through monitoring and reporting of bycatch data through regulatory and commercial information source, and ongoing research activities through both DFO and NAFO. This data being collected should adequately identify any increase in risk level.

Governance & Policy

3.1.1

Legal and customary framework

Likely >=80

Scoring Guidepost: The scoring guidepost to meet 80:
a) The management system is generally consistent with local, national or international laws or standards that are aimed at achieving sustainable fisheries in accordance with MSC Principles 1 and 2.
b) The management system incorporates or is subject by law to a transparent mechanism for the resolution of legal disputes which is considered to be effective in dealing with most issues and that is appropriate to the context of the fishery.
c) The management system or fishery is attempting to comply in a timely fashion with binding judicial decisions arising from any legal challenges.
d) The management system has a mechanism to observe the legal rights created explicitly or established by custom of people dependent on fishing for food or livelihood in a manner consistent with the objectives of MSC Principles 1 and 2.
Yellowtail score: 80. The assessment met all 80 scoring guideposts.
American Plaice: The availability of documentation for American plaice would be as good as or better than yellowtail.
a) The management system is completed through both the NAFO commission, for those areas outside Canada’s EEZ and by DFO for those within Canadian jurisdiction. Both regulatory bodies manage fisheries in a manner that is consistent with achieving and maintaining sustainable fisheries. Several policy initiatives have been developed to guide decision-making in the management of fisheries in Canada, two of which are especially important for this assessment. The ”Policy Framework for the Management of Fisheries on Canada's Atlantic Coast” envisions robust fisheries that include all stakeholders and which are biologically and economically sustainable. The “Sustainable Fisheries Framework” incorporates the precautionary and ecosystem approaches into fisheries management decisions.

b) The Canadian system for the settlement of legal disputes is fair and transparent and proven to be effective. The NAFO system relies on the Contracting Party to follow up with legal processes and relies on discussion and negotiation to settle disputes among contracting parties.


c) The Canadian judicial system permits for timely decisions resolving legal disputes.
d) As with most international organizations, the sovereign right of states is respected and the objection process in the NAFO Convention is an example of that. Both systems seek to avoid disputes and both systems respect legal and customary rights of participants. The rights of Aboriginal peoples within Canada are recognized in fishery legislation and policy. Consideration is given to Aboriginal peoples to fish for food, social and ceremonial purposes.

3.1.2

Consultation, roles and responsibilities

Likely >-80

Scoring Guidepost: The scoring guidepost to meet 80:
a) Organisations and individuals involved in the management process have been identified. Functions, roles and responsibilities are explicitly defined and well understood for key areas of responsibility and interaction.
b) The management system includes consultation processes that regularly seek and accept relevant information, including local knowledge. The management system demonstrates consideration of the information obtained.
c) The consultation process provides opportunity for all interested and affected parties to be involved.
Yellowtail score: 75 [Rescored to 90 in January 2013] Section a) and b) of this indicator was not achieved during the initial assessment. Since that time, flatfish has been included with the Groundfish Advisory Committee (GAC), where roles and responsibilities are clearly defined and a proven management process is in place.
American Plaice: The availability of documentation for American plaice would be as good as or better than yellowtail.
a) The NAFO system contains an explicit description of the roles and responsibilities of its participants for all areas of responsibility and interaction and there are provisions for the acquisition and consideration of relevant information.

In Canada, the main affected parties in the fishery have been identified and participate in the Groundfish Advisory Committee (GAC). The GAC comprises representatives of the company, DFO, the provincial government, the FFAW (fisherman/plant worker’s union) and academic and invited guests. There is a mechanism whereby other members (eNGO’s) are permitted to participate.


b) Within the Canadian zone, individual license holders identified. though OCI is the primary company that catches American plaice as a bycatch in the yellowtail fishery. The GAC comprises representatives of the offshore harvesting companies, DFO, the provincial government, the FFAW (fishermen/plant workers’ union) and academic and invited guests. The management system adequately provides for stakeholder information submissions during science assessments and advisory meetings.
c) There is a collaborative agreement between DFO and one non-governmental organization, the WWF that aims to “to achieve shared objectives for the conservation, protection, and sustainable development of Canada’s oceans as mandated by the Oceans Act.” through a collaborative and constructive partnership. At NAFO the consultative process provides for observers to attend its annual meetings at the discretion of its General Council. Representatives of the World Wildlife Fund, the Ecology Action Centre and the Sierra Club of Canada have attended annual meetings.

3.1.3

Long term objectives

Likely >=80

Scoring Guidepost: The scoring guidepost to meet 80:
a) Clear long-term objectives that guide decision-making, consistent with MSC Principles and Criteria and the precautionary approach, are explicit within management policy.
Yellowtail score: 80. The assessment met all 80 scoring guideposts.
American Plaice: The availability of documentation for American plaice would be as good as or better than yellowtail.
a) There is no IFMP for American plaice; however, frameworks exist for implementing an IFMP. Objectives, reference points and harvest control rules are provided in the American Plaice conservation plan (Appendix II) which if adopted into an IFMP would constitute evidence to meet requirements for this PI. Development of a specific IFMP for American plaice or modification of the existing plan for yellowtail including defining the long-term objectives for the stock would likely meet the requirement.

The NAFO convention includes objectives for the sustainable use of fisheries resources in the NRA and has a detailed framework for implementation of fishery management plans. The PA has been adopted as an operating premise for all fisheries within its jurisdiction. In Canada, there is a clearly articulated legislative and policy frameworks that guides decision-making including guidelines for the precautionary approach.



3.1.4

Incentives for sustainable fishing

Likely >=80

Scoring Guidepost: The scoring guidepost to meet 80:
a) The management system provides for incentives that are consistent with achieving the outcomes expressed by MSC Principles 1 and 2, and seeks to ensure that negative incentives do not arise.
Yellowtail score: 85. The assessment met all 80 scoring guideposts.
American Plaice: The availability of documentation for American plaice would be as good as or better than yellowtail.
a) The enterprise allocation (EA) approach encourages good fishing practices and avoids overharvesting and waste. The license holder and its captains take part in surveys, trials and gather information for the biannual assessments. There are neither negative incentives nor subsidies in the fishery. It is clearly recognized, though policy and practice, the benefits of maintaining a healthy stock of American plaice.

There exists a detailed legislative penalty structure with significant financial penalties to deter negative behaviour.



Fishery Specific Management Systems

3.2.1

Fishery specific objectives

Risk of <80

Scoring Guidepost: The scoring guidepost to meet 80:
a) Short and long term objectives, which are consistent with achieving the outcomes expressed by MSC’s Principles 1 and 2, are explicit within the fishery’s management system.
Yellowtail score: 75 [Rescored to 80 January 2013]. During the initial assessment there was viewed to be a lack of explicit short and long term fishery specific objectives with links to outcomes. Since that time, the IFMP, as endorsed by the Regional Director General for DFO Newfoundland and Labrador Region on Dec 21, 2012, has been modified to include short and long-term objectives consistent with MSC principles 1 and 2.
American Plaice: This PI requires that specific objectives be defined and incorporated in a management method that is measurable.
a) Objectives for the American plaice fishery have been defined in the interim rebuilding strategy. Further, bycatch limits for American plaice are specified in the CHP and NAFO fishing conditions. In order to meet this requirement there should be an IFMP developed or at a minimum the yellowtail plan should be amended to include American plaice.

3.2.2

Decision making processes

Likely >=80

Scoring Guidepost: The scoring guidepost to meet 80:
a) There are established decision-making processes that result in measures and strategies to achieve the fishery-specific objectives.
b) Decision-making processes respond to serious and other important issues identified in relevant research, monitoring, evaluation and consultation, in a transparent, timely and adaptive manner and take account of the wider implications of decisions.
c) Decision-making processes use the precautionary approach and are based on best available information.
d) Explanations are provided for any actions or lack of action associated with findings and relevant recommendations emerging from research, monitoring, evaluation and review activity.
Yellowtail score: 90. The assessment met all 80 scoring guideposts.
American Plaice: The availability of documentation for American plaice would be as good as or better than yellowtail.
a) The Canadian Groundfish Advisory Committee (GAC) and NAFO have measures in place to achieve fishery specific objectives. These measures include ongoing monitoring and reporting of fishing activity by stakeholders and third parties, regular fishery independent surveys, peer review of assessments, and broad stakeholder consultations.
b) The decision-making processes are well established and takes into consideration numerous factors and fully understand the implication of all management decisions. This is demonstrated through actions taken in response to stock abundance changes as indicated through peer reviewed stock assessments.
c) Both DFO and NAFO have adapted the precautionary approach to guide the decision making process.
d) There is documentation through advisory committee meetings and notifications providing explanation of decisions and actions.

3.2.3

Compliance and enforcement

Likely >=80

Scoring Guidepost: The scoring guidepost to meet 80:
a) A monitoring, control and surveillance system has been implemented in the fishery under assessment and has demonstrated an ability to enforce relevant management measures, strategies and/or rules.
b) Sanctions to deal with non-compliance exist, are consistently applied and thought to provide effective deterrence.
c) Some evidence exists to demonstrate fishers comply with the management system under assessment, including, when required, providing information of importance to the effective management of the fishery.
d) There is no evidence of systematic noncompliance.
Yellowtail score: 95. The assessment met all 80 scoring guideposts.
American Plaice: The availability of documentation for American plaice would be as good as or better than yellowtail.
a) A suite of monitoring, control and surveillance systems are in place and have been demonstrated to be effective. The systems in place are very similar for harvesters both in and outside the Canadian EEZ. Within Canadian fisheries these measures include 25% offshore observer coverage, 100% dockside monitoring, vessel monitoring systems, at-sea boardings, surveillance overflights of fishing activity, and internal monitoring and reporting of vessel tow by tow activity to OCI.
b) Offenders are regularly pursued and the sanctions under the Fisheries Act are strong deterrents. The record of compliance in this offshore fisheries is very high. A ticket and court-based sanction framework is outlined in the Fisheries Act and regulations with court based prosecution for serious offences through the Criminal Code of Canada . Upon conviction maximum penalties of $500,000 and up to two years in jail may be imposed along with forfeiture of catch and equipment at the discretion of the court. These penalties are believed to be provide an effective deterrent.
c) There is a high degree of confidence that fishers comply with the management system and provide necessary information through the dockside monitoring and observer programs and through the submission of logbooks. The fact that flatfish fisheries in 3LNO are pursued by a limited number of vessel eases compliance monitoring activities.
d) There is no evidence of systematic non-compliance in the fishery.

3.2.4

Research plan

Likely >=80

Scoring Guidepost: The scoring guidepost to meet 80:
a) A research plan provides the management system with a strategic approach to research and reliable and timely information sufficient to achieve the objectives consistent with MSC’s Principles 1 and 2.
b) Research results are disseminated to all interested parties in a timely fashion.
Yellowtail score: 85. The assessment met all 80 scoring guideposts.
American Plaice: The availability of documentation for American plaice would be as good as or better than yellowtail.
a) The ongoing science research program is designed to provide the management system with reliable and timely information sufficient to achieve the objectives consistent with Principles 1 and 2. Foremost among current work is the routine gathering and analysis of information on stock abundance and trends leading to a full scientific assessment of the stock by the NAFO Scientific Council every two years with an interim review in alternate years. Additional research on such things as age and growth, maturity, fecundity and reproductive potential is being conducted, mainly by Canadian scientists but with the collaboration of international colleagues.
b) Research results are widely disseminated in a timely fashion through the NAFO and/or CSAS publication process and/or in the primary literature. The advisory process permits for interested stakeholders to participate and obtain all relevant research information used to manage the fishery.

3.2.5

Management performance evaluation

Likely >=80

Scoring Guidepost: The scoring guidepost to meet 80:
a) The fishery has in place mechanisms to evaluate key parts of the management system and is subject to regular internal and occasional external review.
Yellowtail score: 75 [Rescored to 80 January 2013]. There was found to be a need for a regular review mechanism to be put in place to enable Canadian national fisheries management policy and processes to be reviewed by bodies external to DFO and the industry inside or outside of Canada. The CHP addressed these concerns and the condition for this PI was closed.
American Plaice: The evidence for American plaice would be as good as or better than yellowtail.
a) Ongoing monitoring and evaluation mechanisms include an extensive reporting system on the commercial fishery through logbooks, VMS, dockside monitoring and observer coverage. Research surveys supply additional data for full scientific assessments. The Groundfish Advisory Committee reviews the performance of the fishery with regard to bycatch.

Stock assessments consist of peer review at Scientific Council by scientists of Contracting Parties who are members of NAFO. All proceedings, scientific advice and reports are posted on the NAFO website.


The Canadian Auditor General can, and has in the past, conducted reviews of the fisheries management regime on an ad-hoc basis, (see Auditor General of Canada, 1999. Fisheries and Oceans – Managing Atlantic Shellfish in a Sustainable Manner).
While not a formal evaluation mechanism per se , the presence of observers at Scientific Council and Fisheries Commission meetings does provide a level of transparency and some critical review of decisions. All proceedings are published on the NAFO and/or CSAS websites.



3.0 REFERENCES





Performance Indicator

References

Outcome




1.1.1

NAFO Science-Advice 2011. American plaice in Div. 3LNO

NAFO Science-Advice 2012. American plaice in Div. 3LNO

1.1.2

NAFO FC Doc 11/4. Report of the Fisheries Commission Working Group of Fishery Managers and Scientists on Conservation Plans and Rebuilding Strategies (WGFMS-CPRS) 26-28 June 2011Halifax, Nova Scotia, Canada

1.1.3

NAFO 32nd Annual Meeting, Sept 2010, FC Doc. 10/13

Management




1.2.1

NAFO Conservation and Enforcement Measures, NAFO/FC Doc. 12/1 (Ch.1, Article 8)

NAFO, Report of the Working Group of Fishery Managers and Scientists on Conservation Plans and Rebuilding Strategies (WGFMS-CPRS), 4 September 2012, FC Doc. 12-05 (including Addendum)

NAFO Conservation and Enforcement Measures, NAFO/FC Doc. 11/1

NAFO Conservation and Enforcement Measures, NAFO/FC Doc. 11/04

NAFO Meeting Proceedings of the General Council and Fisheries Commission, September 2012 – August 2013

1.2.2

NAFO Conservation and Enforcement Measures, NAFO/FC Doc. 12/1 (Ch.1, Article 8)

NAFO, Report of the Working Group of Fishery Managers and Scientists on Conservation Plans and Rebuilding Strategies (WGFMS-CPRS), 4 September 2012, FC Doc. 12-05 (including Addendum)

NAFO Conservation and Enforcement Measures, NAFO/FC Doc. 11/1

NAFO Conservation and Enforcement Measures, NAFO/FC Doc. 11/04

NAFO Meeting Proceedings of the General Council and Fisheries Commission, September 2012 – August 2013

1.2.3

DFO. 2011. Recovery Potential Assessment of American Plaice (Hippoglossoides platessoides) in Newfoundland and Labrador. DFO Can. Sci. Advis. Sec., Sci. Advis. Rep. 2011/030.

DFO. 2012. Proceedings of the Newfoundland and Labrador Regional Advisory Process for the Recovery Potential Assessment of American Plaice (Hippoglossoides platessoides), Newfoundland and Labrador Designatable Unit; January 24-26, 2011. DFO Can. Sci. Advis. Sec. Proceed. Ser. 2011/042.

Busby, C.D., Morgan, M.J., Dwyer, K.S., Fowler, G.M., Morin, R., Treble, M., Maddock Parsons, D., and Archambault, D. 2007. Review of the abundance and distribution of American Plaice (Hippoglossoides platessoides) in Atlantic Canada in a species-at-risk context. DFO Can. Sci. Advis. Sec. Res. Doc. 2007/069. Iv + 90 p.

Morgan, M.J., Bailey, J., Healey B.P., Maddock Parsons, D., and Rideout, R. 2011. Recovery potential assessment of American Plaice (Hippoglossoides platessoides) in Newfoundland and Labrador. DFO Can. Sci. Advis. Sec. Res. Doc. 2011/047. iv + 32 p.

Bailey, JA. 2012. Bayesian Surplus Production modelling for American Plaice (Hippoglossoides platessoides). DFO Can. Sci. Advis. Sec. Res. Doc. 2012/036 ii + 144 p.

NAFO Science-Advice 2011. American plaice in Div. 3LNO

NAFO Science-Advice 2012. American plaice in Div. 3LNO

1.2.4

Bailey, JA. 2012. Bayesian Surplus Production modelling for American Plaice (Hippoglossoides platessoides). DFO Can. Sci. Advis. Sec. Res. Doc. 2012/036 ii + 144 p.

Retained Species




2.1.1

Shelton, P.A., and Morgan, M.J.. 2005. Is by-catch mortality preventing the rebuilding of cod (Gadus morhua ) and American plaice (Hippoglossoides platessoides ) stocks on the Grand Bank? J. Northw. Atl. Fish. Sci ., 36 : 1-17

Conservation Harvesting Plan (CHP) Atlantic-Wide License Holders for Vessels Greater than 30.48m LOA. July 2013.

NAFO Conservation and Enforcement Measures, NAFO/FC Doc. 12/1 (Ch.1, Article 8)

2.1.2

Kulka, D.W. 2009. Spatial analysis of plaice and cod bycatch in the yellowtail flounder fishery on the Grand Bank. Report to WWF-Canada, June 2009, 35 pp.




Conservation Harvesting Plan (CHP) Atlantic-Wide License Holders for Vessels Greater than 30.48m LOA. July 2013.




NAFO Conservation and Enforcement Measures, NAFO/FC Doc. 12/1 (Ch.1, Article 8)

2.1.3

Kulka, D.W. 2009. Spatial analysis of plaice and cod bycatch in the yellowtail flounder fishery on the Grand Bank. Report to WWF-Canada, June 2009, 35 pp.




Direct American plaice catch and bycatch for commercially directed fishery and bycatch fisheries 1988-2010. Spatialanalysis. 2013. Addendum to submission by Pisces Consulting Limited in support of FIP discussion November 2013.




NAFO. Witch stock reports. SCS Doc. 11/5, 6, 9.




NAFO. Cod stock reports. SCS 13/5, 13/7, 13/9, 13/10

By-Catch Species




2.2.1

Catchpole, T.L., Enever, R. and Doran, S. 2007. Bristol Channel ray survival. CEFAS, Lowestoft, Fisheries Science Partnership Report 21 , 15 pp.

2.2.2

Catchpole, T.L., Enever, R. and Doran, S. 2007. Bristol Channel ray survival. CEFAS, Lowestoft, Fisheries Science Partnership Report 21 , 15 pp.

2.2.3

Babcock, E.A., Pikitch, E.K. and Hudson, C.G. 2003. How much observer coverage is enough to adequately estimate bycatch? Pew Institute for Ocean Science, Miami, and Oceana, Washington DC. 36pp

OCI catch data by tow for January 1, 2011 to October 17, 2013.

ETP Species




2.3.1

Atlantic Leatherback Turtle Recovery Team. 2006. Recovery Strategy for Leatherback Turtle (Dermochelys coriacea) in Atlantic Canada. Species at Risk Act Recovery Strategy Series. Fisheries and Oceans Canada, Ottawa, vi + 45 pp.

DFO. 2008. Aquatic species at risk: spotted wolffish. http://www.dfo-mpo.gc.ca/species-especes/species-especes/spottedwolf-louptachete-p-eng.htm

DFO. 2009c. Species at Risk public registry. Species profile: Atlantic wolffish. http://www.sararegistry.gc.ca/species/speciesDetails_e.cfm?sid=652

DFO. 2009d. Species at Risk public registry. Species profile: ivory gull. http://www.sararegistry.gc.ca/species/speciesDetails_e.cfm?sid=50

DFO. 2009e. Species at Risk public registry. Species profile: northern wolffish. http://www.sararegistry.gc.ca/species/speciesDetails_e.cfm?sid=667

DFO. 2009f. Species at Risk public registry. Species profile: roseate tern. http://www.sararegistry.gc.ca/species/speciesDetails_e.cfm?sid=40

Grant, S.M., W. Hiscock, and Brett, P. 2005. Mitigation of capture and survival of wolffish captured incidentally in the Grand Bank yellowtail flounder otter trawl fishery. Centre for Sustainable

Aquatic Resources, Marine Institute of Memorial University of Newfoundland, Canada. P-136, xii + 68 p.

Simpson, M.R. and Kulka, D.W. 2003. Formulation of an incidental harm permit strategy for wolffish species (Anarhichadidae). Canadian Science Advisory Secretariat, Research Document 2003/047. 50 pp.

2.3.2

Grant, S.M., W. Hiscock, and Brett, P. 2005. Mitigation of capture and survival of wolffish captured incidentally in the Grand Bank yellowtail flounder otter trawl fishery

Kulka, D., Hood, C. and Huntington, J. 2007. Recovery Strategy for Northern Wolffish (Anarhichas denticulatus ) and Spotted Wolffish (Anarhichas minor ), and Management Plan for Atlantic

Wolffish (Anarhichas lupus ) in Canada. Fisheries and Oceans Canada: Newfoundland and Labrador Region. St. John’s, NL. x + 103 pp.



2.3.3

Simpson, M.R. and Kulka, D.W. 2003. Formulation of an incidental harm permit strategy for wolffish species (Anarhichadidae ). Canadian Science Advisory Secretariat, Research Document

2003/047. 50 pp.



OCI catch data by tow for January 1, 2011 to October 17, 2013.

Habitats




2.4.1

3LNO Yellowtail Fishery Regarding MSC Performance Indicator 2.4.3 Version 8. Pisces Consulting Limited and Spatialanalysis. October 9, 2013.

Gilkinson, K. 2013. Recent DFO (Newfoundland & Labrador Region) studies of the Grand Banks benthos at small and large spatial scales : DFO Can. Sci. Advis. Sec. Res. Doc. 2012/114. v + 30 p.

DFO 2006. Impacts of trawl gears and scallop dredges on benthic habitats, populations and communities. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2006/025.

2.4.2

Dwyer, K.S., Morgan, M.J., Maddock Parsons, D., Brodie, W.B. and Healey, B.P. 2009. An assessment of American plaice in NAFO Div. 3LNO. NAFO SCR Doc. 09/35, Serial No. N5671. 77 pp.

3LNO Yellowtail Fishery Regarding MSC Performance Indicator 2.4.3 Version 8. Pisces Consulting Limited and Spatialanalysis. October 9, 2013.

2.4.3

Gordon, D.C. Jr., Kenchington, E.L.R. and Gilkinson, K.D. 2006. A review of Maritimes Region research on the effects of mobile fishing gear on benthic habitat and communities. Canadian

Science Advisory Secretariat, Research Document 2006/056. 45 pp.



3LNO Yellowtail Fishery Submission to Moody Marine. Certificate Number MML F-086. Pisces Consulting Limited and Spatialanalysis. November 16, 2012.

3LNO Yellowtail Fishery Regarding MSC Performance Indicator 2.4.3 Version 8. Pisces Consulting Limited and Spatialanalysis. October 9, 2013.

Ecosystem




2.5.1

Best, M., E. Kenchington, K. MacIsaac, V. E. Wareham, S. D. Fuller, and A. B. Thompson. 2010. Sponge Identification Guide NAFO Area. Sci. Coun. Studies, 43: 1–50. doi:10.2960/S.v43.m1

DFO. 2010. Occurrence, susceptibility to fishing, and ecological function of corals, sponges, and hydrothermal vents in Canadian waters. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2010/041.

2.5.2

DFO, 2007. Placentia Bay-Grand Banks Large Ocean Management Area Conservation Objectives. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2007/042.

DFO. 2011. Science-based encounter protocol framework for corals and sponges. DFO Can. Sci. Advis. Sec. Sci. Advis. Rep. 2011/048.

Grant, S.M. 2012. Managing Ecosystem Impacts on Benthic Habitats and Communities in the Northern Shrimp Fishery on the Newfoundland-Labrador Shelf (SFA’s 5, 6, and 7) and Eastern Scotian Shelf (SFA’s 13, 14, and 15): The Fishery, Trawling Impacts and Vulnerable Marine Ecosystems. Centre for Sustainable Aquatic Resources. 57 pp.

2.5.3

GEAC, Assessment of Historical Offshore Groundfish Catch and Effort, 4th Edition, November, 2011.




3LNO Yellowtail Fishery Submission to Moody Marine. Certificate Number MML F-086. Pisces Consulting Limited and Spatialanalysis. November 16, 2012.

Governance Policy




3.1.1

NAFO. 1979. The Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries

Fisheries Act (R.S. 1985, c. F-14C) and regulations

UN Convention on the Law of the Sea (United Nations, 1982)

UN Code of Conduct for Responsible Fishing

3.1.2

Collaborative Agreement Between Fisheries and Oceans Canada (DFO) and World Wildlife Fund, October 2008

NAFO. 1979. The Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries

3.1.3

Fisheries Act and regulations




Fisheries Act and regulations




DFO policy documents A Policy Framework for the Management of Fisheries on Canada’s Atlantic Coast and the Sustainable Fisheries Framework.

3.1.4

None applicable

Fishery Specific Management System




3.2.1

NAFO Convention; Annex 12 to the Report of the Fisheries Commission 2008 (FC Doc 08/21) - Bycatch Requirements in Mixed Fisheries NAFO.

Conservation Harvesting Plan (CHP) Atlantic-Wide License Holders for Vessels Greater than 30.48m LOA. July 2013.

3.2.2

NAFO, 2004a. Report of the NAFO Study Group on limit reference points, Lorient, France, 15-20 April, 2004. NAFO SCS Doc. 04/12. 72 pp.

NAFO, 2004b. Scientific Council Reports - 2004.

Conservation Harvesting Plan (CHP) Atlantic-Wide License Holders for Vessels Greater than 30.48m LOA. July 2013.

3.2.3

Fisheries Act, NAFO Conservation and Enforcement Measures, NAFO Annual Compliance Review 2008, Annex 19, FC Doc. 08/20)

Fishing license issued OCI, 2012

DFO. 2012. Proceedings of the Newfoundland and Labrador Regional Advisory Process for the Recovery Potential Assessment of American Plaice (Hippoglossoides platessoides), Newfoundland and Labrador Designatable Unit; January 24-26, 2011. DFO Can. Sci. Advis. Sec. Proceed. Ser. 2011/042.

3.2.4

NAFO Science-Advice 2012. American plaice in Div. 3LNO

Morgan, M.J., Bailey, J., Healey B.P., Maddock Parsons, D., and Rideout, R. 2011. Recovery

potential assessment of American Plaice (Hippoglossoides platessoides) in Newfoundland



and Labrador. DFO Can. Sci. Advis. Sec. Res. Doc. 2011/047. iv + 32 p.

3.2.5

Conservation Harvesting Plan (CHP) Atlantic-Wide License Holders for Vessels Greater than 30.48m LOA. July 2013.

NAFO frequency of assessment table; Scientific Council procedures; annual assessment reports

Intertek Moody Surveillance Report, 2012.






APPENDIX I GEAC >100’ AMERICAN PLAICE CATCH SINCE 1988


3LNO American plaice catch by respective country



Source: NAFO 21A extraction table.
Data in the following tables reflect the Canadian catch for >100’ sector only.
Catch by cell (~25nm2) and top, middle and bottom third of catch (1994-2010)










Catch (plaice) record method and utilization for mapping



APPENDIX II PLAICE CONSERVATION PLAN

Annex 4. Interim 3LNO American Plaice Conservation Plan and Rebuilding Strategy

(FCWG-CPRS Working Paper 11/3, Revision 5)

Source: NAFO SC Doc 11-04


1. Objective(s):
a) Long-term Objective: The long-term objective of this Conservation Plan and Rebuilding Strategy is to achieve the NAFO Precautionary Approach framework, and at or near Bmsy.
b) Interim Milestone: As an interim milestone, increase the 3LNO American plaice Spawning Stock Biomass(SSB) to a level above the Limit Reference Point (Blim). It may reasonably be expected that Blim will not bereached until after 2014.
2. Reference Points :
a) Limit reference point for spawning stock biomass (Blim) - 50,000t

b) An intermediate stock reference point or security margin Bisr6 - [100,000t]

c) Limit reference point for fishing mortality (Flim = Fmsy) - 0.31

d) Bmsy [242,000t]


3. Re -opening to Directed Fishing:
a) A re-opening of a directed fishery should only occur when the estimated SSB, in the year projected for opening the fishery, has a very low7 probability of actually being below Blim.

b) An annual TAC should be established at a level which is projected to result in:

i. continued growth in SSB,

ii. low8 probability of SSB declining below Blim throughout the subsequent 3-year period, and

iii. fishing mortality < F0.1
4. Harvest Control Rules :
Noting the desire for relative TAC stability, the projections referred to in items (a) through (d) below should consider the effect of maintaining the proposed annual TAC over 3 years. Further, in its application of the Harvest Control Rules, Fisheries Commission may, based on Scientific Council analysis, consider scenarios which either mitigate decline in SSB or limit increases in TACs as a means to balance stability and growth objectives.
a) When SSB is below Blim:

i. no directed fishing, and

ii. by-catch should be restricted to unavoidable by-catch in fisheries directing for other species
b) When SSB is between Blim and Bisr:

i. TACs should be set at a level(s) to allow for continued growth in SSB consistent with established rebuilding objective(s),

ii. TACs should result in a low probability of SSB declining below Blim throughout the subsequent 3- year period, and

iii. Biomass projections should apply a low risk tolerance


c) When SSB is above Bisr:
i. TACs should be set at a level(s) to allow for growth in SSB consistent with the long term objective,and

ii. Biomass projections should apply a risk neutral approach (i.e. mean probabilities)


d) When SSB is above Bmsy:

i. TACs should be set at a level of F that has a low probability of exceeding Fmsy, and

ii. Biomass projections should apply a risk neutral approach (i.e. mean probabilities)


APPENDIX III 1988-1992 DIRECTED FISHERY

The following provides a summary of available information for the Canadian >100’ groundfish directed fishery for the period 1988-1992. All key species including those for which there is a commercial fishery and those below Blim are included.


Landings (kg round weight) by species for >100’ vessels in 3LNO – 1988-1992





1 OCI January 2011 to October 2013

2 GEAC 2006-2010

3 GEAC 2006-2010

4 This resolution is considered most appropriate for Atlantic regional studies. It may be considered too coarse for more detailed studies, such as this one, but the raw data cannot afford much more resolution.

5 There is an indicator of hours fished in the data, which when coupled with known tow speed the length of tow can been inferred.

6 A buffer zone (Bbuf) is not required under the NAFO PA given the availability of risk analysis related to current and projected biomass values; however, SC has advised that an additional zone(s) between Blim and Bmsy could be considered. An intermediate stock reference point (Bisr) is proposed to delineate this zone. The proposed value is equivalent to twice Blim.

7 ‘very low’ means 10% or less

8 ‘low’ means 20% or less





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