INTEGRATED EEL FISHERY MANAGEMENT PLAN EASTERN NEW BRUNSWICK AREA GULF REGION

Transcription

1 INTEGRATED EEL FISHERY MANAGEMENT PLAN EASTERN NEW BRUNSWICK AREA GULF REGION

2 TABLE OF CONTENTS. INTRODUCTION..... Overview of the Fishery Participants Location of the fishery Fishing seasons and minimum length Fishing methods Landings, value and market Advisory process Type of management INTEGRATED ECOSYSTEM-BASED MANAGEMENT SPECIES AT RISK ACT STOCK STATUS REPORT Biology, environment and habitat Species interactions Stock assessment Research Outlook LONG-TERM MANAGEMENT OBJECTIVES CONSERVATION-BASED MANAGEMENT MEASURES AND HARVESTING PLANS Conservation and sustainable fishing Commercial fishery Aboriginal fishery Exploratory fishery...30

3 6.5. Recreational fishery Aquaculture International fishery Eel habitat CURRENT MANAGEMENT PROBLEMS Reporting of landings New Commercial and Recreational Eel Fishing Management Strategy to Reduce Eel Mortality by 50% Increased fishing effort in the spear fishery and illegal commercial sales by recreational fishers Leaders Gear Placement Limit on the amount of fishing gear in use Licence conditions Habitat Protection DETAILED MANAGEMENT MEASURES Tagging and identification of gear Bycatch Licences, gear and location of gear Minimum size Seasons Replacement licences in the longline fishery Limit on the amount of gear per licence Commercial eel fishing licences issued for the waters of Kouchibouguac National Park Logbook...36 ii

4 8.0. Recreational fishery CONSERVATION AND PROTECTION PROGRAM AND STRATEGIES INDUSTRY RESPONSIBILITIES DFO ROLES AND RESPONSIBILITIES BIBLIOGRAPHY CONTRIBUTIONS...58 LIST OF TABLES Table : Atlantic landings, Table 2. Eastern New Brunswick Area landings, compared to Atlantic and New Brunswick landings, Table 3 : Number of fishers, type of licence and amount of fishing gear by statistical district for Eastern New Brunswick, Table 4. Number of fishers, type of licence and amount of fishing gear by watershed for Eastern New Brunswick, Table 5. Profile of coastal licence holders by statistical district, Table 6. Profile of coastal licence holders by watershed, Table 7. Number of licences for species other than eel held by coastal fishers, Table 8. Number of licences for species other than eel held by coastal fishers, Table 9. Amount of gear held by coastal fishers by statistical district (longline licences not included), Table 0. Amount of gear held by coastal fishers by watershed (longline licences not included), Table. Number of licences issued, Table 2. Potential commercial fishing effort by ecosystem, Table 3. Potential commercial fishing effort by ecosystem, iii

5 Table 4. Landings and landed value (Eastern New Brunswick Area), Table 5. Landings and landed value (Eastern N.B. Area), Table 6. Landings and landed value by statistical district, Table 7. Landings and landed value by statistical district, APPENDIXES Appendix. Map and Description of Watersheds...42 Appendix 2. Map and description of statistical districts...46 Appendix 3. Model of fishing gear...47 Appendix 4. Eastern New Brunswick Eel Fishery Advisory Committee Members...48 Appendix 5. Licensing Policy for the Commercial Eel Fishery in the Gulf Region...49 Appendix 6. Regulations governing the Eel Fishery in the Eastern New Brunswick Area...50 Appendix 7. Scientific and Technical Publications...52 Appendix 8. Logbook...53 Appendix 9. Management Plan Evaluation Criteria...54 Appendix 0. Conservation and Protection Plan Evaluation Criteria...55 Appendix. Notice to Fishers...56 iv

6 GLOSSARY Coastal fisher: Designates a fisher who is not a member of a core enterprise and who holds at least one key non-vessel-based commercial fishing licence. In the Eastern New Brunswick Area, key non-vessel-based commercial licences are for the following species: clams (bar clams, bay quahogs and soft-shell clams), eel, gaspereau, oyster and smelt. Core enterprise: Means a fishing unit composed of a fisher (head of enterprise), one or more registered vessel(s) and the licences he holds, and which has been designated as such in 996 under the following criteria: For bonafide fishers: who have bonafide fisher status and hold a key fishing licence (snow crab, Category A lobster, groundfish (all gear other than handline), scallop, tuna or herring). For non-bonafide fishers: who hold two key fishing licences (shrimp, snow crab, Category A lobster and ITQ groundfish only) or who hold one key fishing licence, have fished for a full season and have made landings with a value of at least $25,000 under their own licences, for two years between 993, 994 and 995. Ecosystem: Basic ecological unit formed by the natural environment and the organisms, animals and plants that live there. Integrated Fisheries Management Plans: Aimed at conservation and sustainable use of fisheries resources. Plans incorporate conservation, management and scientific requirements for a fishery and also spell out the process and implementation of resource management, conservation and protection measures. The process provides the basis for a more integrated approach between DFO sectors as well as for a more meaningful participation of all stakeholders. Integrated Fisheries Management Plans in effect set the stage for co-management arrangements by ensuring transparency, establishing overall allocations between sectors and fleets, providing relevant contextual information and ensuring that clients and stakeholders are consulted on the overall goals and strategies for the management of each fishery. Watershed: Geographic concept designating a territory whose land is drained by any one body of water, such as a bay (Caraquet Bay watershed) or a river (Aboujagane River watershed), and which includes groundwater, surface water and wetlands. v

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8 INTEGRATED EEL FISHERY MANAGEMENT PLAN Eastern New Brunswick Area INTRODUCTION This four-year management plan covers the commercial eel (Anguilla rostrata) fishery in the Eastern New Brunswick Area including watersheds between Dalhousie and Baie Verte (Appendix ) or statistical districts 63 to 80 (Appendix 2), for the period 2007 to 200 inclusive. It is centered on the principles of sustainable development, an ecosystem approach, integrated management and a precautionary approach in keeping with the spirit of the Oceans Act and Species at Risk Act. This plan is designed to be implemented in conjunction with an annual update that adjusts specific fishery management measures relating to fishing areas, seasons and catch limits to reflect conservation imperatives. This update will be issued as a notice to fishers before the start of the fishing season... Overview of the Fishery Commercial fisheries for eels have existed in Canada since colonial times. During that era, eel fisheries were pursued most actively by the Acadians of New Brunswick and the French of Quebec, who pickled large quantities of eels for home consumption and export. The eel fishery consists of two categories: a commercial fishery and a recreational fishery. Historically, until the early 960s, the fishery was conducted without licences, using eel spears on the ice, torches in open waters, and eel pots. A policy on a limited access fishery was introduced in 978. Since then, the fishery has enjoyed increasing popularity. There have also been fluctuations in landings as well as changes in fishing gear and management measures.

9 Table : Atlantic landings, year N.-B. N.-S. P.E.I. Québec Nfld. tm 000$ tm 000$ tm 000$ tm 000$ tm 000$ * Nova Scotia landings include elvers or glass eels, which have a much higher value than eels of commercial size. 2

10 Table 2. Eastern New Brunswick Area landings, compared to Atlantic and New Brunswick landings, Year Eastern N.B. Area t $000 % of Atlantic landings % of N.B. landings % 62% % 60% % 67% % 44% % 35% % 35% % 33% % 25% % 36% % 5% % 52% % 59% % 65% % 72% % 7% 3

11 .2. Participants In 2004, there were 70 licence holders in the Eastern N.B. Area using the following gear: 2,084 fyke nets, 6 weirs, 2 trap nets and 5,00 longline hooks. Thirty-four per cent (34%) of the licence holders were coastal fishers and almost 88% of them had more than one other fishing licence. Tables 3 and 4 show the number of fishers, the type of licence and the amount of fishing gear by statistical district and watershed, while Tables 5, 6, 7, 8, 9 and 0 provide a profile of coastal licence holders by statistical district and watershed. A map and description of the watersheds can be found in Appendix and those of the statistical districts can be found in Appendix 2. Table 3 : Number of fishers, type of licence and amount of fishing gear by statistical district for Eastern New Brunswick, 2000 STATISTICAL DISTRICT TOTAL LICENCES COASTAL CORE TRAP NET* FYKE NET* LONGLINE # hooks WEIR BOX NET** , , TOTAL , , *The trap net and fyke net represent the same gear and should both be designated by the name fyke net. **The box net should be designated by the name trap net (gear prohibited by the regulations). 4

12 Table 4. Number of fishers, type of licence and amount of fishing gear by watershed for Eastern New Brunswick, 2004 WATERSHED TOTAL LICENCES COASTAL CORE FYKE NET LONGLINE # hooks WEIR** TRAP NET* , , TOTAL ,084 5, *The Regulations prohibit the use of trap nets in the eel fishery. **Fishers do not use weirs in the eel fishery. This gear should be designated by the name fyke net. 5

13 Table 5. Profile of coastal licence holders by statistical district, 2000 Licence Statistical Licence Statistical District Eel only Eel and other licences District Eel only Eel and other licences Table 6. Profile of coastal licence holders by watershed, 2004 Watershed Licence Watershed Licence Eel only Eel and other licences Eel only Eel and other licences

14 Table 7. Number of licences for species other than eel held by coastal fishers, 2000 Eel licence only Eel and other licence Eel and 2 other licences Eel and 3 other licences Eel and 4 other licences Eel and 5 other licences Eel and 6 other licences Total Table 8. Number of licences for species other than eel held by coastal fishers, 2004 Eel licence only Eel and other licence Eel and 2 other licences Eel and 3 other licences Eel and 4 other licences Eel and 5 other licences Eel and 6 other licences Eel and 8 other licences Table 9. Amount of gear held by coastal fishers by statistical district (longline licences not included), 2000 # Gear Statistical District Total Total

15 Table 0. Amount of gear held by coastal fishers by watershed (longline licences not included), 2004 # Gear Watershed Total Gear Total In summary, 7 of the 58 coastal eel fishers in the Eastern New Brunswick Area hold an eel licence only and the remaining 5 hold at least one other licence. The 70 licences issued in 2004 represent a decrease of 5 since

16 Table. Number of licences issued, Year Number of Licences Year Number of Licences Aboriginal fishery Aboriginal groups (Elsipogtog First Nation, Esgenoopetitj First Nation and Indian Island First Nation) hold communal commercial eel licences. The Marshall decision confirmed a treaty right of Mi kmaq and Maliseet First Nations to fish for limited commercial purposes. Commercial fishing licences reallocated to Aboriginal organizations affected by the Marshall decision are the result of the volontary buy-back of traditional communal fishing licences. These licences are subject to the management measures in place in the commercial fishery. The Aboriginal Fisheries Strategy provides a regulatory framework for the management of fisheries for food, social and ceremonial purposes. Licences issued for these purposes include conditions relating to catch limits, fishing areas, gear and fishing seasons. In total, 7 licences were issued to Aboriginal groups for the communal commercial fishery and for food, social and ceremonial purposes. 9

17 .3. Location of the fishery Little eel fishing is done in the estuaries and mouths of bays and rivers. The fishery is conducted primarily in watercourses below the head of the tide. Tables 2 and 3 show the potential commercial fishing effort by ecosystem. As some licences authorize setting gear in two different ecosystems, numbers for fishers and gear are different from the numbers for licence holders and gear in Tables 3 and 4. Table 2. Potential commercial fishing effort by ecosystem, 2000 ECOSYSTEM # LICENCES # GEAR - Eel River 2 trap nets - Pokesudie Island - Waters off Pokesudie Island - Pokesudie Island, east coast - Pokesudie Island, small channel - Saint-Simon Bay, below the wharf - Pokemouche River, above the Landry Office River bridge - Pokemouche River, above the railway bridge at Inkerman to the bridge over the Pokemouche River at Landry Office 8 trap net 2 fyke nets trap net 2 trap nets 4 trap nets 382 fyke nets 5 trap nets 2 fyke nets - Miscou Island Bay - Miscou Island Bay, excluding Miscou Harbour - Lamèque Island Bay - Shippagan Harbour - Lamèque Island Bay, excluding Miscou Harbour - Little Tracadie River - Big Tracadie River fyke nets 7 trap nets 2 trap nets 2 fyke nets fyke nets 8 trap nets 2 fyke nets 383 trap nets 20 fyke nets - Little and Big Tracadie River - Little Tracadie River, including Tracadie Bay 00 hooks 75 trap nets 5 trap nets - Tabusintac Bay and River 3 26 trap nets 0

18 ECOSYSTEM # LICENCES # GEAR - Tabusintac River - Tabusintac Bay - Tabusintac Bay and Portage River - Portage River - Neguac Bay - Neguac and Miramichi bays - Miramichi Bay - Miramichi River - Miramichi Bay and River - Miramichi, Napan, Northwest and Southwest Miramichi rivers - Black River and Napan Bay - Miramichi Bay and Black River - Miramichi Bay and Eel River - Bay du Vin River - French River - Black River - Kouchibouguac River, within the park boundaries - Kouchibouguac River and Kouchibouguac Bay, within the park boundaries trap nets 29 trap nets 20 trap nets 2 trap nets 5 trap nets 7 trap nets 2 fyke nets 50 trap nets 68 fyke nets 48 trap nets 80 fyke nets 20 fyke nets 3 trap nets 20 trap nets 7 trap nets trap nets 2 trap nets 00 hooks 38 trap nets 24 trap nets - Northumberland Strait, off Kent County 2 3 trap nets 4 weirs - Kouchibouguacis River, Kent County, inside and outside the park boundaries, to bridge on route 34 - Kouchibouguacis River, Kent County, inside and outside the park boundaries - Kouchibouguacis River, outside the park boundaries - Kouchibouguac River 400 hooks 300 hooks 2 trap nets 2 trap nets trap net - Richibouctou Bay and River 500 hooks

19 ECOSYSTEM # LICENCES # GEAR - Richibouctou River - Richibouctou Harbour, outside the park boundaries - Richibouctou River, outside the park boundaries - Richibouctou and St-Charles rivers, outside the park boundaries - Bouctouche Bay - Bouctouche River - Bouctouche River, above the bridge on Route - Bouctouche and Cocagne bays trap nets 7 fyke nets 00 hooks 850 hooks 2875 hooks 700 hooks 8 fyke nets trap net 2 weirs 9 trap nets 20 trap nets 3 weirs 7 weirs - Northumberland Strait, Kent County, including Bouctouche Bay 4 weirs - Cocagne River - Cocagne River, above the Route bridge - Cocagne Bay - Saint-Charles River (Aldouane River) - Shediac Bay and River - Shediac Bay - Aboujagane River - Shemogue Harbour - Little Shemogue Harbour weirs 24 trap nets 6 trap nets weirs 5 fyke nets 7 trap nets 2 box nets 2 trap nets 4 fyke nets 3 trap nets 22 trap nets 4 trap nets 2 trap nets 2 trap nets 2

20 ECOSYSTEM # LICENCES # GEAR - Northumberland Strait, along Westmorland County 2 3 trap nets No conditions 8 trap nets 4 fyke nets Table 3. Potential commercial fishing effort by ecosystem, 2004 ECOSYSTEM # LICENCES # GEAR - Eel River 2 fyke nets - Pokesudie Island - Saint-Simon Bay, below the wharf 4 6 fyke nets 4 fyke nets - Pokemouche River fyke nets - Miscou Island Bay - Miscou Harbour - Lamèque Island Bay - Shippagan Harbour - Little Tracadie River - Big Tracadie River - Tracadie Bay - Tabusintac River - Tabusintac Bay - Portage River - Neguac Bay - Miramichi Bay - Miramichi River - Black River - Eel River - Bay du Vin River - Napan River - French River fyke nets 29 fyke nets 22 fyke nets fyke net 26 fyke nets 458 fyke nets 0 fyke nets 74 fyke nets 290 fyke nets 22 fyke nets 57 fyke nets 33 fyke nets 08 fyke nets 48 fyke nets 20 fyke nets 7 fyke nets 5 fyke nets fyke nets 3

21 ECOSYSTEM # LICENCES # GEAR - Kouchibouguac River, within the park boundaries - Kouchibouguac Bay, within the park boundaries fyke nets 200 hooks 24 fyke nets - Northumberland Strait, off Kent County 4 3 trap nets 4 weirs - Kouchibouguacis River, inside the park boundaries - Kouchibouguacis River, outside the park boundaries fyke nets 600 hooks 6 fyke nets 400 hooks - Richibouctou River - Saint-Charles River - Baie du Village - Bouctouche Bay - Bouctouche River fyke nets 2800 hooks 9 fyke nets 700 hooks 500 hooks 8 fyke nets 4 weirs 39 fyke nets 500 hooks - Cocagne River - Cocagne Bay fyke nets weirs 9 fyke nets 5 weirs - Shediac Bay - Shediac Rivers - Aboujagane River - Kouchibougouac River, Westmorland Country - Shemogue Harbour - Little Shemogue Harbour fyke nets 70 fyke nets 4 fyke nets fyke nets fyke net 3 fyke nets 4

22 ECOSYSTEM # LICENCES # GEAR - Northumberland Strait, along Westmorland County 2 3 fyke nets No conditions 8 trap nets 4 fyke nets.4. Fishing seasons and minimum length The eel fishing seasons and minimum length requirements are established under the Maritime Provinces Fishery Regulations and are modified by order as required. The minimum length is specified in section 8 of this document..5. Fishing methods The regulations allow fishing for eels using different types of gear, including fishing lines, eel pots, dip nets, longlines, set lines or spears and eel traps. Eel traps include fyke nets and eel weirs. Eastern New Brunswick area fishers mainly use fyke nets (Appendix 3), which are also known as hoop nets, even though licences sometimes identify other types of gear. The fyke net consists of a series of hoops covered with netting and attached to one or two leaders that guide the fish into the mouth of the net and its funnel-shaped throats, which prevent the fish from escaping. Some fyke nets have a square hoop at the mouth to which it is easier to attach leaders. On others, the leaders are attached directly to the first hoop. Fyke nets are used mostly in the spring and summer, but also in the fall. They are set in shallow water and often on muddy bottoms. The size of the net depends on the season and the location fished. In the spring, when there is more water in the rivers, the largest fyke nets with openings up to 4 to 5 feet high are used. They are about 5 feet long. The fyke net is set against the current to catch eels that are moving downstream. Small fyke nets can be up to 7 feet long with a mouth measuring 8 to 26 inches. They are mostly used in summer, in the streams where the eels come to feed. The longline is used by only 2 fishers. Its use results in significant bycatch, including trout. Licences where the longline is specified as gear cannot be replaced and longline fishing is prohibited on the Miramichi River inside a line extending from Oyster River to Point au Carr. Eel pots, generally made of wooden laths or metal wire, are often homemade and of varied design. According to checks made, it would seem that this type of gear is no longer used in the Eastern New Brunswick Area. The eel trap resembles a smelt or gaspereau trap. The box net, which is larger than a fyke net, consists of a leader with enclosure of netting held in place by posts and lines. 5

23 Recreational fishing is done using various types of fish spears on the ice during the day and with the help of torches at night. The two-pronged or single-pronged spears serve to catch different sizes of eels, but can only be used in limpid waters. The multi-pronged spear is used to fish muddy bottoms and does not discriminate on the basis of size. Torch fishing, an artisanal fishery, is highly dependent on the weather. Although traditionally, the fishing is done with a real torch, the lights used now are operated by generators and are much more effective..6. Landings, value and market Until 960, no licence was required for fishing and landings were poor. Landings increased with the introduction of fyke nets in the late 960s, foreign demand in the early 970s and the elimination of a minimum size in 968. Subsequently, there was a slight increase in landings as a result of increased fishing effort and overfishing of small eels. Recent increases in landings between 988 and 992 can be explained by increased fishing effort and by the fact that there is demand for eels of all sizes even if a minimum size should be observed. Annual eel catches have been quite variable in all provinces but, in recent years, the total Canadian harvest has averaged slightly more,000 t worth about $. million. Changing market conditions and variations in eel abundance have affected the size of landings. Whereas in the early 980s, the price paid was less than a $/lb, prices have since risen significantly, with Eastern New Brunswick fishers receiving, on average, $.53/lb in 990, $2.5/lb in 998 and $2.23/lb in Most of the eel catch is exported to Western Europe, although regional domestic markets catering to several ethnic groups have grown substantially in recent years. Live eels are preferred to frozen eels for the export market; silver eels are preferred to yellow eels because of their larger size and higher fat content, which results in a better smoked product. The demand for live eels and their high value permit the use of air freight to ship them to export markets. At their destination, local processors prepare the eels according to their requirements. Large quantities are smoked, other are jellied and marinated. Tanned eel skins have also been used in high quality leather products. There are no reliable statistics on commercial and recreational landings. The introduction of a logbook in 200 should help to ascertain the size of the commercial fishery. Data on the recreational fishery are hard to obtain, and logbooks cannot be made mandatory unless recreational licences are issued, which is not yet the case. Tables 4, 5, 6 and 7 provide an overview of reported commercial landings and landed value for recent years. The data are only an indication of the size of this fishery. 6

24 An assessment of the status of eel stocks in eastern Canada, based on available information on the species, was conducted jointly by scientists from DFO and from the provinces that oversee the management of American eel stocks (Ontario and Quebec). The scientists identified a significant decline in eel populations in eastern Canada, Quebec and Ontario. The Committee on the Status of Endangered Wildlife in Canada observed a similar decline. In 2005, the scientists recommended that eel mortality be reduced by 50%, a recommendation supported by the Minister of Fisheries and Oceans. A new management strategy for commercial and recreational eel fisheries was therefore implemented for fishers in the Eastern New Brunswick Area. Table 4. Landings and landed value (Eastern New Brunswick Area), Landings and value bars - tonnes line - $ Year 0 In 999, only about 40 fishers reported catches. A look at statistical landings data for these 40 fishers indicates that only 7 fishers recorded landings of over 3000 lb, 5 had landings of between 500 and 3,000 lb and 8 fishers had less than 00 lb in landings. In general, fishers say that the fishery has improved slightly in recent years and that there seem to be larger numbers of small eels. Recreational fishers also point to a significant increase in catches, something that has not been seen in the last 20 years. 7

25 Table 5. Landings and landed value (Eastern N.B. Area), tm (000$) Year In 200, 58 fishers participated in the fishery, compared to 53 in 2002, 58 in 2003 and 56 in Table 6. Landings and landed value by statistical district, STAT. t $ t $ t $ t $ t $ DIST TOTAL

26 Table 7. Landings and landed value by statistical district, STAT. t $ t $ t $ t $ t $ t $ DIST TOTAL Advisory process The Eel Fishery Advisory Committee is made up of representatives of the various ecosystems (not all of whom are members of the Maritime Fishermen s Union), representatives of recreational fishers from northeastern and southeastern New Brunswick, representatives of the Maritime Fishermen s Union, one representative of the New Brunswick Department of Agriculture, Fisheries and Aquaculture, one representative of each of the Aboriginal communities and representatives of various DFO branches. After consultation with users in the respective areas, the representatives, appointed by their peers or by fishers organizations such as the Maritime Fishermen s Union to sit on the Eel Fishery Advisory Committee, inform the committee of the status of the fishery in their area, provide recommendations for the management of the fishery and propose changes to the regulations and policy. They tell the Department of any existing problems and conflicts requiring action by the Department. They provide a link between all the fishers and users of the resource, the various watershed management committees and the federal and provincial governments. To reflect this broad base, the recommendations made to the Department are reached through consensus, rather than by vote. 9

27 The Committee usually meets every two years or as required. In addition, fishers and representatives on the Advisory Committee attend science workshops on the eel fishery, which are held periodically by the Science Branch. The list of Committee members is in Appendix Type of management Currently, in the Eastern New Brunswick Area, the fishery is managed by means of a limited number of licences, seasons and weekly close times, minimum size, the amount and location of fishing gear, restrictions on the recreational fishery such as seasons and minimum size, and the Commercial Fisheries Licensing Policy for the Gulf Region (Appendix 5). Given concerns over the drop in eel landings from the St. Lawrence, the Province of Quebec organized a workshop in January 997 for the purpose of adopting a common eel stock conservation and management strategy. The workshop brought together government officials responsible for eel management in Quebec and Ontario, observers from the provinces of New Brunswick, Prince Edward Island and Newfoundland as well as Science and Management staff from the four Atlantic regions and Ottawa. Further to this workshop, a technical report on fisheries and aquatic sciences in Canada and an action plan for managing and conserving the American eel were developed. The participants recognized the necessity of implementing a common approach to eel management and conservation across North America. However, given the decentralization of American fisheries administration, they also acknowledged that the development of a joint Canada/United States approach would be a difficult process, especially if, in addition, a distinct eel conservation treaty had to be negotiated. It was proposed that American authorities be approached through the usual bilateral channels in order to determine the most appropriate way to proceed to develop conservation and management plans. It was also proposed that the mandate of the North Atlantic Salmon Conservation Organization (NASCO) be broadened to include eel management, instead of developing an entirely new agreement. The International Centre for Ocean Development (ICOD), which provides scientific advice to NASCO, already has a scientific working group on eels. Given the similarities between the European eel (Anguilla anguilla) and the American eel (Anguilla rostrata) and the need to adopt a species management plan for the entire continent, it would appear to be a good idea to have NASCO take on eel management. 20

28 2. INTEGRATED ECOSYSTEM-BASED MANAGEMENT With the objective of supporting sustainable coastal fisheries, the ecosystem-based management approach seeks to achieve the active participation of licence holders in respect of all harvested species in a given marine environment (watershed). This approach differs from the traditional integrated species-based management approach in that it is focused on ensuring biological diversity and ecosystem productivity. In the future, it is desirable that consultations be organized on a watershed basis rather than on a species basis. This approach will encourage the establishment of measures for a sustainable fishery within a watershed, rationalizing the number of licences and amount of gear for each coastal species and minimizing the impact of harvesting one species on another. Specific, well-founded management measures will be able to be applied depending on the particular characteristics of the marine environment. Consultations with users will enhance their sense of belonging to their respective ecosystems. The integrated management plans for various watersheds already contain a number of specific management measures. They include gear limits for gaspereau fishers in the Miramichi watershed, leader length, the various fishing seasons, prohibitions against reallocating licences inside Kouchibouguac National Park, the closure of certain smelt fisheries, etc. The Advisory Committee members often take into account particular factors in their respective regions and propose, in consultation with local users, management measures regarding seasons, prohibitions, and distance between fishing gear. The ecosystem-based approach will ensure effective management and sustainable development of coastal fisheries, while also taking into account the specific needs of watersheds and their users. Furthermore, an ecosystem-based approach to the management of coastal species means that other stakeholders with a potential impact on these species can be inclued in the future. 2

29 3. SPECIES AT RISK ACT The Species at Risk Act (SARA) is a federal act, the result of several years work to reach an agreement with the provinces and territories. It came into effect in June 2003 and its prohibition provisions in June SARA contains the official list of species at risk and the designation assigned to each species. The Act is co-ordinated by three major federal bodies. Environment Canada has general responsibility for wildlife species and migratory birds, while Fisheries and Oceans Canada is responsible for aquatic species and Parks Canada Agency is responsible for species found in national parks and national historic sites. The objectives of SARA are to prevent wildlife species from becoming extirpated in Canada, to enable the protection and recovery of extinct, endangered or threatened species, and to manage species of special concern in order to prevent them from becoming endangered or threatened. A species is designated extinct when it no longer exists anywhere, and extirpated when it no longer exists in the wild in Canada. An endangered species is a species that is facing imminent extinction or extirpation. A threatened species is a species that is likely to become endangered if limiting factors are not reversed, and a species of special concern is a species that is sensitive to human activity or natural phenomena. SARA confers certain powers on the Committee on the Status of Endangered Wildlife in Canada (COSEWIC COSEWIC is responsible for assessing the status of species, identifying the threats posed to the species by human activity, and producing status reports on species thought to be at risk. The list currently includes several aquatic species: Atlantic salmon (Inner Bay of Fundy population), leatherback seaturtle, Atlantic whitefish, Lake Utopia dwarf smelt, northern wolffish, spotted wolffish and Atlantic wolffish. The process of adding a species to the official list involves the following steps: COSEWIC species assessment sent to the Minister of Environment Government response explains in detail how the government will respond to the assessment Consultation phase gathers information on the potential costs and benefits of adding the species to the list Analysis phase 22

30 examines and assembles the information obtained in the consultations Recommendation to the Minister recommendation to the Minister of Environment Government of Canada decision regarding addition to the list accepts the assessment and adds the species to the list decides not to add the species to the list refers the matter back to COSEWIC for further information or review In order to protect species that are designated extinct, endangered or threatened, the Act makes it an offence to: kill, harm, harass, capture or take an individual of such a species; possess, collect, buy, sell or trade an individual or any part of an individual of such a species; damage or destroy the residence of one or more individuals of such a species; destroy the critical habitat defined in the recovery strategy of such species. The Act also allows the Minister to issue a permit to allow for incidental harm to a listed species if it is determined that: all reasonable alternatives have been considered and the best solution has been adopted; all feasible measures have been taken to minimize the impact of the activity on the species; the activity will not jeopardize the survival or recovery of the species. The addition of a species to the SARA list triggers the application of prohibitions and mandatory recovery measures. For extinct, endangered or threatened species, a recovery strategy and action plan must be implemented. For a species of special concern, a management plan is required. The following species are candidates for addition to the SARA list: cusk, harbour porpoise, yellow lampmussel, Atlantic cod (Maritimes population), striped bass and eel. 23

31 4. STOCK STATUS REPORT 4.. Biology, environment and habitat 2 The American eel (Anguilla rostrata) is elongate and serpentine, with a single continuous dorsal fin extending posteriorly from a point about one third of the body length behind the head and around to the vent. Immature adult eels (yellow eels) may range in colour from yellowish to greenish or olive-brown, with the backs darker than the belly. Sexually maturing eels (silver eels) acquire during their seaward reproductive migrations a metallic sheen, bronze or black on the back and silvery below. Eels can also alter their coloration in response to changes in illumination and background. The skin is thick and tough and may secrete copious amounts of slimy mucus, which acts as a protective cover. Unlike the well-developed scales of most other fishes, eel scales are rudimentary and embedded deeply within the skin. The scales develop only after the eel has spent about three years in freshwater. American eels occur in the estuaries and coastal fresh waters of North America from their northern limit in the Hamilton Inlet-Lake Melville Estuary of Labrador, south of Newfoundland and the Gulf of St. Lawrence along the Atlantic coast of Canada and the United States to the Gulf of Mexico, Panama and the West Indies. Their distribution extends into the Great Lakes and up the Mississippi River. Small populations exist in southwestern Greenland and eels have occasionally been found off the northern coast of South America. Eels are classed as catadromous fishes, which means that on attaining sexual maturity, adult eels migrate downstream to the sea where ultimately they spawn. Sexual maturation in eels seems more related to size than to age. Size at maturation varies geographically and according to sex, with male eels typically smaller than females. The spawning migration occurs between August and December. Downstream movement is most active at night and during the first few hours after sunset. Peak migration activity usually occurs during September and October during the last quarter of the moon and is enhanced by dark, stormy nights and rising water levels. Yellow eels may also be found migrating seaward in autumn but they are believed to be moving to overwintering sites within the river or estuary. American eels spawn in the western part of the Sargasso Sea, with peak spawning periods occurring between January and March. Larger females spawn more eggs than do smaller females. Much mystery still surrounds this species, for no mature adult has ever been caught in the Sargasso Sea and eel spawning behaviour is unknown. It is believed that the adults die after spawning. 2 taken from Underwater World The American Eel, published by the DFO Communications Branch 24

32 After hatching, most of the transparent, willow-leaf-shaped larvae (termed a leptocephalus) drift northward with the Gulf Stream, perhaps assisted by swimming activity, until they are eventually distributed along the North American coast. A year or more may be taken to reach Canadian waters. On the way, the larvae undergo metamorphosis that involves a change to typical eel shape. The glass eel, as it is now termed because of its transparent form, begins to actively move towards shore. By the time it reaches the estuaries of coastal streams it has become more or less pigmented. Fully pigmented eels are called elvers and are a small version of the adult eel. The time of its arrival off the coast of Canada varies geographically and the duration of the river run may be only a few days or as long as a month. The peak arrival may occur during spring tides at night. There is no evidence that elvers home to any particular stream and there is good reason to believe that they do not return to their parents stream. Thus, because eel larvae are carried along the coast of North America by prevailing currents, and given the limited locomotor abilities of glass eels, it is unlikely that an elver would find and enter the river from which its parents came. It is also unlikely that both parents would have come from the same river. Elvers may penetrate rivers for many miles inland, depending upon the gradient of the river and the obstructions encountered, but a proportion remains in estuarine and coastal areas. Eels may remain in fresh water from 5 to 0 years. Large female eels may exceed,000 mm in length and weigh over kg, but males seldom exceed 60 mm in length. The major movement occurs in autumn when silver eels migrate to sea and yellow eels travel to overwintering sites if their summer habitat is unsuitable. Yellow eels that moved downstream to the estuary in the spring now return to the river. Eels may return each summer to the same area within the river and eels released up to 00 km away from their rearing habitat have successfully found their way back. Yellow eels are generally active at night, retiring to burrows in muddy bottoms or to other cover during daylight. Bright moonlight will inhibit their nighttime activity. Temperature influences the degree of seasonal activity and eels become noticeably less active when the water temperature drops below C in autumn. During winter, eels hibernate in the bottom mud Species interactions 3 Eels are voracious carnivores and consume a variety of fishes and invertebrates such as insects, crayfish, snails and worms. An acute sense of smell may assist in the location of food, which is preferred fresh rather than decayed. Eels will, however, feed on recently dead fish caught in nets. Young salmon and trout may be included amongst the small fish preyed upon, but since eels tend to avoid the cool, rapid flowing waters favoured by the 3 taken from Underwater World The American Eel, published by the DFO Communications Branch 25

33 salmonids, they are not likely to be a significant threat. One study concluded that about 0 per cent of the eels examined had consumed fish while 90 per cent contained mostly insects. Eels may, of course, fall prey to other predators. The large numbers of small eels are particularly vulnerable Stock assessment Ideally, fisheries are regulated by management plans, based on the scientific assessment of each fish stock or group of stocks. Unfortunately, the scientific data needed to prepare sound stock assessments is lacking for eel stocks in Atlantic Canada. Nor does the region have the data needed for a preliminary assessment of stock movements Research A list of scientific and technical publications can be found in Appendix 7. The logbook program (Appendix 7) is mandatory since 200 for eel fishers in the Eastern New Brunswick Area. Daily catches and fishing effort are recorded in the logbooks, and the data used to calculate catches per unit of effort (CPUE). Once enough data has been accumulated, stock movements could be determined based on changes in CPUE. CPUE data will also allow comparisons of relative abundance by fishing area and type of habitat. Eel samples from control areas will be measured, and the length structure will be used to infer the number of individuals for each age group in the population. This will provide an approximate idea of the impact of the fishing effort on the population Outlook There are no forecasts of eel abundance in New Brunswick rivers. 26

34 5. LONG-TERM MANAGEMENT OBJECTIVES Long-term management objectives for the eel fishery in the Eastern New Brunswick Area are defined as follows: Science identify trends with respect to population levels assess the proportion of eels harvested Statistics mandatory use of logbooks will provide better information on actual landings; the co-operation of fishers is essential information from purchase slips should clearly identify the fishing area rather than the landing site account for all eel landings on the basis of watershed in the commercial, recreational and Aboriginal fisheries Fisheries Management establish the carrying capacity of each watershed rationalize the number of licences and amount and placement of gear map the inventory of commercial fishing gear on the basis of watershed specify the types of fishing gear and gear locations in the licence conditions document and quantify recreational and tourism fishing efforts implement a recreational fishery licensing program Conservation and Protection quantify the activities of fishery officers 27

35 Habitat Management identify instances of harmful alteration, disruption or destruction of eel habitat document and release to watershed management committees the number of cases of damaged habitat, project referrals, permits and restored habitats consider eel habitat when assessing project referrals promote environmental stewardship Oceans foster the development of integrated resource management mechanisms, i.e., an ongoing, transparent decision-making process developed by the parties concerned so as to integrate the planning and implementation of activities and policies affecting the oceans of Canada direct and co-ordinate, with the assistance of concerned groups, the establishment of Marine Protected Areas (MPAs) so as to grant certain ecosystems special protection for the reasons outlined in the Oceans Act develop and introduce, in consultation with the groups concerned, Marine Environmental Quality (MEQ) criteria for estuaries and coastal waters Aboriginal Fisheries continue to provide eligible Aboriginal groups with a level of access to the eel fishery for food, social and ceremonial purposes that meets their needs, subject to resource conservation considerations continue to support the participation of Aboriginal groups in the fishery encourage the integration of Aboriginal groups into the communal commercial eel fishery and their inclusion in the fisher community encourage and increase the participation of Aboriginal groups in eel fishery Advisory Committee meetings 28

36 6. CONSERVATION-BASED MANAGEMENT MEASURES AND HARVESTING PLANS 6.. Conservation and sustainable fishing Quantify and control the fishing effort while ensuring the conservation and protection of the species and taking into account the economic, social and environmental impacts as well as the market demand. Gather timely and precise data, essential to stock assessment. Ensure the optimal use of the resource between user groups commercial, Aboriginal, recreational and tourist while maintaining an inventory of landings, fishing gear and locations and quantifying landings in the recreational and tourism fishery. Establish a selective fishery by season (spawning season, bycatch and market demand), mesh size or other means in order to reduce bycatch of non-targeted species. Promote the guiding principle of no net loss of habitat productive capacity. Gather timely and precise data, essential to stock assessment, through mandatory logbooks Commercial fishery Minimize bycatch of striped bass, salmon (black and young salmon), flounder, shad, smelt, lamprey, eel, white sucker and trout by requiring the immediate release of all non-target species, establishing specifications for fishing gear, and taking part in gear selectivity trials. Maintain the fishing effort by limiting licences, the amount and location of fishing gear Aboriginal fishery Continue to provide eligible Aboriginal groups with a level of access to the eel fishery for food, social and ceremonial purposes that meets their needs, subject to resource conservation considerations. 29

37 Continue the initiatives taken following the Marshall decision, i.e., supporting the participation of Aboriginal groups in the communal commercial eel fishery by promoting a program for voluntary buy-back of traditional commercial licences and adopting the management measures in place in the commercial fishery Exploratory fishery In the Eastern New Brunswick Area, only one exploratory fishing permit for elvers was issued for the Miramichi River upon consultation with and support from the fishers of this river. The purpose of this fishery was to obtain more information on this species and assess the impact of such a fishery on the eel fishery. As the elver fishery was not conclusive, the licence has not been issued since Recreational fishery There is a significant recreational fishery for eels using spears on the ice and torches in open waters in the Eastern New Brunswick Area. The proposed change to the current regulations will mean the issuing of licences and conditions regarding management measures such as daily catch limits, gear and location, and the intensity of the lights used in the torch fishery Aquaculture Only one aquaculture operation exists in the Eastern New Brunswick area and close to 00 t of eel is put on the market annually International fishery Given the characteristics of its life cycle, the eel comprises a single unique population, which reproduces exclusively in the Sargasso Sea before migrating to our waters. A management plan should therefore be drawn up for the continent as a whole Eel habitat Identify eel habitat to minimize the negative impact on this resource. 30

38 7. CURRENT MANAGEMENT PROBLEMS Issue 7.. Reporting of landings The reporting of actual landings is very important for the Science Branch and the managers in order to manage the fishery based on actual fishing effort. Landing reports are still not complete. In addition, no fishers have participated in the voluntary index fishers program since 997. A mandatory logbook was introduced in 200. Since then, fisher co-operation has decreased year by year. The Committee on the Status of Endangered Species in Canada is planning to add the eel to the SARA list. It is therefore imperative that fishing efforts be well documented. Approach The logbook will continue to be mandatory in If fishers do not co-operate, other methods of obtaining data on actual landings may be implemented in order to ensure effective management of this species. Logbooks are available at licensing centres. Issue 7.2. New Commercial and Recreational Eel Fishing Management Strategy to Reduce Eel Mortality by 50% An assessment of the status of eel stocks in eastern Canada, based on available information on the species, was conducted jointly by scientists from DFO and from the provinces that oversee the management of American eel stocks (Ontario and Quebec). The scientists reported a significant decline in eel populations in eastern Canada, Quebec and Ontario. The Committee on the Status of Endangered Wildlife in Canada observed a similar decline. In 2005, the scientists recommended that eel mortality be reduced by 50%, a recommendation supported by the Minister of Fisheries and Oceans. Fishers have already reduced their fishing effort by shortening the fishing season and increasing the minimum length to 53 cm. Some seasons will have to be re-assessed because certain ecosystems are closed when fishers engaged in other fisheries want to fish for eel. Approach Since these measures resulted in a decrease in fishing effort since 2000 for the Eastern New Brunswick Area, DFO will not require any additional measures in However, the situation will be evaluated annually to ensure that the reduction objective is met and adjusted as needed. As for the proposed changes to fishing seasons, the Advisory Committee representatives will have to consult the fishers in their respective ecosystems and submit the seasons to DFO in writing, so that an assessment can clearly show that the 3

39 objective of changing the season is consistent with a reduction in eel mortality and bycatch. Issue 7.3. Increased fishing effort in the spear fishery and illegal commercial sales by recreational fishers In the past, the increase in eel prices had led to increased fishing effort in the recreational spear fishery. Some fishers sold their catches commercially or left smaller eels on the ice and did not include them in their daily catch limit. Approach The daily catch limit for the recreational eel fishery has been established at 0 since 200 and DFO is looking into the possibility of issuing recreational licences for the eel fishery. Combined with the season set for this activity, these measures will provide better control over the spear fishery. Commercial sales in the recreational fishery are prohibited. Leaving small eels on the ice constitutes the taking of eels and they must be included in the daily catch limit. Issue 7.4. Leaders Leader length is now limited by a condition of licence to a maximum of 3 metres. Some fishers have indicated that it is impossible for them to fish with regulation-length leaders in the estuaries in which they fish. Approach Certain licences are modified annually to waive this requirement, but when these licences are reallocated at a later date, the maximum leader length will revert to 3 metres, as stipulated in the Regulations. Only holders of licences that have been modified in the past may make an annual request to DFO for an amendment of their licence conditions. Furthermore, the Advisory Committee members have agreed to establish a maximum of one leader per gear as well as two wings of a maximum length of 4 metres each per gear. Issue 7.5. Gear Placement In the past, some fishers doubled, tripled or quadrupled gear by connecting the traps together and very few eels managed, as a consequence, to escape. In a survey of fishery officers, DFO noted many gear modifications, such as two traps with three leaders, four traps with five leaders, two traps with one leader between them and a series of fyke nets connected together. 32

40 Approach The Maritime Provinces Fishery Regulations state: Except as otherwise provided as a condition of a licence, no person shall fish with or set any fishing gear within 200 m of any fishing gear previously set. Fishers will be required to comply with these Regulations, unless other provisions have been made and are included in the licence conditions. Each piece of gear must bear a valid tag, except in cases on the Pokemouche River, where fishers, in the past, used two nets with an opening not exceeding 45 cm, connected to a leader of not more than 5 m; in these cases only, one tag can be used on both pieces of gear, but this grandfather clause will no longer be valid once these licences are replaced. Issue Limit on the amount of fishing gear in use Unlike in the smelt fishery, there is no limit on the amount of eel fishing gear when a replacement licence is issued. The limit on the amount of fishing gear may or may not have an effect on the reduction of eel mortality. Less gear in a river may mean more catches in less gear, which does not meet the requirement to reduce eel mortality. A problem has been observed on the Pokemouche and Tracadie rivers, given the large amount of gear. Approach DFO recommends that a limit be imposed on the amount of gear that can be listed on a licence when a replacement licence is issued. The representatives have been invited to consider a gear reduction with a maximum limit (cap). If the stocks recover, an assessment could be conducted to examine the possibility that fishing gear lost in the reduction exercise could be returned to the licence holder. In the meantime, a freeze has been imposed on the number of units that may be added to any other eel licence, pending the results of the consultations. Issue 7.7. Licence conditions Some commercial fishers would like to fish in areas other than those indicated on their licences. Approach DFO will not allow the transfer of gear from one river to another. However, it is prepared to examine requests to transfer gear from the upper reaches of a river to the lower reaches of the same river, since the incidence of bycatch decreases as fishing effort is moved towards the mouth of a river. Issue

41 Licence conditions indicate that only single traps are authorized. Fishers on the Pokemouche River have to come to the Tracadie-Sheila office to have this condition modified to allow double traps. Approach This condition will be eliminated in favour of single traps when this licence is reallocated. Issue Box nets are not authorized in the eel fishery. This regulation has not been enforced to date. Approach Box nets will have to be converted to fyke nets within a reasonable period of time (to be determined). Issue 7.8. Habitat Protection The Advisory Committee members report that pollution is causing a decline in eel populations. The alteration and destruction of the habitat are resulting in a decrease in eel landings. Approach Several federal and provincial laws and regulations govern habitat protection. Section 35() of the Fisheries Act prohibits carrying on any work or undertaking that results in the harmful alteration, disruption or destruction of fish habitat. DFO has indicated that there is an unacceptable degradation of the habitat quality and that this affects not only eels but all species. In consultation with the watershed-based management committees, an inventory of disruptions, such as migratory obstructions, dredging, shoreline modifications, beaver dams and industrial disruptions, should be prepared in order to more clearly define the impact of these activities on the eel population. Fishers should encourage management of the uses of the area with all watershed users. 34

42 8. DETAILED MANAGEMENT MEASURES 8.. Tagging and identification of gear All gear must be identified and bear a tag whose number will be listed on the licence Bycatch No bycatch is allowed Licences, gear and location of gear The number of licences and amount of gear are limited. Changes in the location of gear will be authorized by DFO only in cases where the gear is moved from an upstream area to a downstream area of the same river Minimum size The minimum size is set at 53 cm Seasons The eel fishing seasons are determined following an annual consultation with fishers. An order to this effect has been published and the notice to fishers states the seasons for the current year Replacement licences in the longline fishery No longline replacement licences may be issued. Licences will be cancelled when not renewed or upon the death of the holder Limit on the amount of gear per licence A freeze has been imposed on the amount of gear that may be added to any other licence, pending the results of a review of the situation by the Advisory Committee and any subsequent decision by DFO as to how to proceed in regard to the amount of gear to be listed on eel fishing licences Commercial eel fishing licences issued for the waters of Kouchibouguac National Park With the creation of Kouchibouguac National Park in 969, all commercial fishing activities within park boundaries were abolished and the fishers compensated. In the fall 35

43 of 979, pressure was brought to bear to reinstate fishing within the park and, in 980, the Minister responsible for Parks Canada granted the right to fish for smelt, eel and gaspereau under certain conditions. Licences were issued to commercial fishers with a home port at Cap St-Louis and Loggiecroft (within park boundaries) and to commercial fishers who had held licences in 967, 968 or 969. The commercial fishery will be phased out gradually when there are no more fishers eligible for replacement licences Logbook The logbook has been mandatory since 200 and should be returned to the Department by no later than December of each year. A copy of the logbook can be found in Appendix Recreational fishery Inland waters The recreational fishery is closed in inland waters of Restigouche, Gloucester, Northumberland, Kent and Westmorland Counties that flow in Northumberland Strait or the Gulf of St. Lawrence. Tidal waters The minimum size is 53 cm in the tidal waters of Restigouche, Gloucester, Northumberland, Kent and Westmorland Counties that flow in Northumberland Strait or the Gulf of St. Lawrence during the open season from May 5 th to August 3 st. The minimum size is cm for the tidal waters described above from December st to January 3 st. Recreational fishing is closed in the tidal waters for certain periods. The authorized method of fishing is wit a spear. The daily catch limit is 0 eels. 36

44 9. CONSERVATION AND PROTECTION PROGRAM AND STRATEGIES The Conservation and Protection Branch will ensure compliance with the management plan by carrying out all the activities necessary to enforce the regulations and the management plan, such as: monitoring bycatch; verifying tagging and identification of fishing gear; ensuring compliance with the minimum eel size; ensuring compliance with the specified distance between gear; ensuring compliance with fishing seasons; ensuring compliance with licence conditions. 37

45 0. INDUSTRY RESPONSIBILITIES Fishers are showing more and more interest in how to manage the eel fishery and are interested in evaluating and proposing new management procedures. Associations of commercial and recreational fishers should play a greater role in the management of this fishery. They should form a group to deal with eel conservation and management, thus becoming a partner in co-management. The group would hold consultations, with meetings chaired by the industry, and DFO would address management issues directly with this group. In addition, to support the principles of the Oceans Act, the partners involved in the group would have to represent coastal communities, the fishing industry, non-government organizations, environmental groups, the Aboriginal peoples, the provincial governments, federal departments, and the academic community, in short, all potential users of this resource and its habitat. 38

46 . DFO ROLES AND RESPONSIBILITIES Fisheries Management direct and consolidate consultations with the various divisions of DFO in order to develop management options; responsible for consultations with the Industry and the governments; responsible for management before, during and after the season; responsible for licensing. Habitat Management evaluate potential impacts on habitat of project referrals and major projects; assist local groups with watercourse rehabilitation; assist watershed management committees and Industry with best practices and guidelines for fish habitat protection; offer advice on fish passage. Science Diadromous Fish define biological reference points for diadromous fish in the southern Gulf; assess the exploitation rates of selective fisheries with respect to the points of reference; conduct research into species biology, population dynamics and ecological associations with population numbers and sustainability; provide advice on the appropriateness of possible management measures in order to address conservation concerns; accurately define the data needed to make adjustments during the fishing season and to do the post-season assessments. 39

47 Science Other provide opinions on water quality; provide opinions on contaminants; help determine causes of fish mortality; provide opinions during evaluation of major projects; provide information on the location of essential habitats. Aboriginal Affairs continue to develop harmonious relations with Aboriginal peoples by paying special attention to fisheries for food, social and ceremonial purposes, commercial communal fisheries, DFO policies and programs, and a transparent consulting process. Conservation and Protection Oceans ensure follow-up, control and monitoring of regulatory programs that require fishery officers to be deployed on land, sea and air; the division s activities aim to comply with legislative policies, plans and programs related to conservation and protection of the fisheries resources of Canada; responsible for initiating applications to change regulations that are necessary to support DFO management plans and programs. encourage the development and implementation of an Oceans Strategy that will allow Canada to give shape to its vision of management of estuarine, coastal and marine ecosystems. This strategy must ensure the sanitation, safety and prosperity of the oceans for the benefit of the Canadians of today and tomorrow. This strategy encourages application of the guiding principles of the Oceans Act, namely: 40

48 conservation, which under an ecosystem-based approach is of fundamental importance for safeguarding the biological diversity and productivity of the marine environment; prevention, that is, erring on the side of caution when fishing, so as to protect these resources and preserve the marine environment; sustainable development, that is, development that meets the needs of the present without compromising the ability of future generations to meet their own needs; integrated management: inclusive and transparent approach. This strategy will be implemented in collaboration with the other federal departments and agencies, provincial and territorial governments, Aboriginal organizations, coastal communities and other stakeholders. Communications provide advice on communication strategies for management plans. 4

49 Appendix. Map and Description of Watersheds In the above map:. Chaleur Bay 2. Caraquet Bay watershed 3. Shippagan-les-Îles 4. Pokemouche watershed 5. Tracadie watershed 6. Tabusintac watershed 7. Neguac watershed 8. Miramichi watershed 9. Kouchibouguac watershed 0. Richibucto watershed. Bouctouche watershed 2. Cocagne watershed 3. Shediac watershed 4. Cap-Pelé watershed 5. Shemogue watershed 6. Baie-Verte watershed 42

50 Watershed boundaries Area Description Remarks Dalhousie to Pokeshaw Includes Pokeshaw 2 Grande Anse to Pokesudie Point Ends at Pokesudie Point on the island. The eastern shore of Pokesudie is in the next watershed 3 Pokesudie Point up to and including Baie de Petit-Pokemouche Includes Lamèque Island and Miscou Island 4 Pokemouche Bay to Green Point 5 Green Point to Pointe-à-Barreau Immediately after Val Comeau 6 De la Cédrière Road to Swinging Gully Swinging Gully is between Tabusintac Bay and Neguac Bay 7 Swinging Gully to Des Caches River Includes the salt-water zone at the mouth of the river 8 Morin Point to Escuminac Point 9 Saint Camille up to and including St. Louis Bay 0 Southern tip of the Richibucto North Dune up to and including Richibucto Cape A small part of St. Louis Bay might be regarded as being within the Richibucto Bay watershed, but since that bay is part of KNP, it is not identified as being part of that watershed. Cap-Gras up to and including Saint Thomas de Kent 2 Cocagne Bar to Cocagne Cape 3 Caissie Cape to Cap-Bimet 4 Barachois to Trois Ruisseaux 5 Petit-Cap up to and including the Murray Beach Provincial Park area 6 Murray Corner to Baie Verte 43

51 Landing ports by watershed Dalhousie 2 - Morais 3 - Pointe Canot 7 Lower Néguac Jacquet River 2 Middle Caraquet 3 - Upper Shipppagan 7 - Malpeque New Mills 2 - Pokesudie 3 - Ste Cécile 7 Malpeque Bay Eel River 2 Pokesudie Island 3 Chiasson Office 7 - Néguac Heron Island 2 Blanchard Settlement 4 - Inkerman 7 - Portage River Bathurst 3 Lamèque 4 Inkerman Ferry 8 Point Gardiner Belledune 3 Petit Shippagan 4 - Pokemouche 8 - Burnt Church Pointe Verte 3 Miscou 4 Pokemouche River 8 Miramichi Bay Petit Rocher 3 Miscou Centre 4 - Evangéline 8 Chatham Stonehaven 3 Miscou Harbour 5 Big Tracadie River 8 Douglastown Miller Brook Wharf 3 Little Lamèque 5 - Pont Lafrance 8 Loggieville - Benjamin River 3 Pigeon Hill 5 Tracadie 8 - Lower Newcastle Charlo 3 Point Alexandre 5 Tracadie Bay 8 - Napan Bay Nigadoo 3 - Ste. Marie sur Mer 5 Tracadie River 8 Napan Restigouche 3 Savoy Landing 5 - Val Comeau 8 Napan River 2 Caraquet 3 Shippagan 5 Four Roads 8 Newcastle 2 Anse Bleue 3 - St. Simon 5 Sheila 8 Oak Point 2 Caraquet Bay 3 - Le Goulet 6 Brantville 8 Point au Carr 2 Grande -Anse 3 - Pointe Brûlée 6 Tabusintac 8 Miramichi River 2 Bas Caraquet 3 - Cap Bateau 6 Tabusintac River 8 Black River 2 - Maisonnette 3 Miscou Island 6 McEachern Point 8 Baie Ste. Anne 44

52 8 Bay Du Vin River 9 - St. Louis Cape - St. Edouard 4 Aboujagane 8 Black River Bridge 9 Lower St. Louis Ste Marie 4 Aboiteau 8 - Escuminac 9 Ste Anne de Kent - St. Thomas 4 Kouchibouguac River 8 - Hardwicke 0 Cap Lumière Cote Ste. Anne 4 - Barachois 8 - Miramichi 0 - Richibucto Cormierville 5 Petit Cap 8 Eel River Bridge 0 Richibucto Cape Comeau Point 5 Little Shemogue 8 Victoria Bridge 0 Big Cove 2 Cocagne 5 Amos Point 8 Egg Island 0 Nicholas River 2 Cocagne Cape 5 Shemogue 8. Point Gardiner 0 - St. Charles 2 Cocagne River 5 Upper Cape 8 Fox Island 0 Indian Island 2 Cocagne Bar 6 Baie Verte 8 Mill Bank 0 Grande Aldouace 3 Caissie s Cape 6 Bayfield 8 East Point 0 Rivière Richibucto 3 Grand Digue 6 - Cap Tormentin 8 Escuminac Point 0 Aldouane 3 Pointe du Chêne 6 Murray Corner 8 New Jersey 0 Bass River 3 Shédiac 6 - Peacock Cove 9 - Kouchibouguac 0 Richibouctou Village 3 Shédiac Bridge 6 Port Elgin 9 - Loggiecroft - Bouctouche 4 Cap Pelé 6 Botsford 9 Point Sapin Bouctouche Bay 4 - Bas Cap Pelé 9 St. Louis Bouctouche River 4 Robichaud 45

53 Appendix 2. Map and description of statistical districts 63 Restigouche County 64 Restigouche County line to Bass River (incl.) 65 Bass River (excl.) to Pokesudie Island (incl.) 66 Lamèque Island and Miscou Island 67 Shippagan to Pokemouche Gully (incl.) 68 Pokemouche Gully (excl.) to Northumberland County line 70 Northumberland County line to Grand Dune Island (incl.) 7 from Grand Dune Island to Morrisey Bridge on the north side of the Miramichi River and Morrisey Bridge to Point au Carr (incl.) on the south side 73 Point au Carr (excl.) to Kent County line 75 Kent County line to the south side of the St. Louis River (incl.) 76 south side of St. Louis River (excl.) to Chockpish River 77 south side of Chockpish River to Westmorland County line 78 Westmorland County line to Bas Cap Pelé (incl.) 80 Bas Cap Pelé (excl.) to N.B./N.S. border 46

54 Appendix 3. Model of fishing gear FYKE NET MODELS 47

55 Appendix 4. Eastern New Brunswick Eel Fishery Advisory Committee Members Albert E. Babiueau Richibouctou Village Gerald Beck Rexton Claude Benoît Val Comeau Laurie Caissie St. Maurice Chief Bouctouche First Nation Chief Elsipogtog First Nation Chief Burnt Church First Nation (Esgenoôpetit) Chief Indian Island First Nation Chief Eel Ground First Nation Chief and President NB Aboriginal Peoples Council Chief Eel River Bar First Nation Chief Pabineau First Nation Chief Red Bank First Nation Bruce Wilson Miscou Emmanuel Moyen MFU Tracadie-Sheila Paul Cormier NBDAFA - Caraquet Guy Doucet Ste. Anne Bay Arthur Doucette St. Louis Edmond Drysdale MFU Shédiac Mitchell Feigenbaum Port Elgin France Vautour St. Louis-de-Kent Brian J. Kelly Miramichi Léophane LeBlanc Kouchibouguac National Park Ronald LeBlanc Notre Dame Gérald LeBouthillier Tracadie-Sheila Leigh Morrison Burnt Church Léo-Paul Maillet Bouctouche Ronald J. Nowlan Landry Office Earl Rivers Pokemouche Officer, Statistics DFO Tracadie-Sheila Marcel Robichaud Aldouane Area Director DFO Tracadie-Sheila Norbert Roussel Haut Rivière-du-Portage Chief, Resource Management DFO Tracadie-Sheila Science Branch DFO Moncton and Charlottetown, P.E.I Chief, Conservation and Protection DFO Tracadie-Sheila Chief, Oceans and Habitat DFO Tracadie-Sheila Co-ordinator Licensing DFO Tracadie-Sheila Fisheries Officer Conservation and Protection DFO Tracadie-Sheila Officer, Resource Management DFO Tracadie-Sheila 48

56 Appendix 5. Licensing Policy for the Commercial Eel Fishery in the Gulf Region The following is a summary of the licensing policy for the commercial eel fishery in the Eastern New Brunswick Area. No new commercial eel fishing licence may be issued. Replacement licences may be issued: For transfers from coastal and core fishers to other coastal and core fishers and new entrants (all licences must be replaced). To qualify as a new entrant and obtain a replacement licence for eel fishing, it is necessary: to have fished commercially for at least five weeks in each of the two previous years; 2 to be registered as a commercial fisher for each of the last two years; 3 to be recognized as a commercial fisher in one s community; When a replacement licence is issued, the conditions of the replacement licence will be the same as the conditions of the replaced licence. A licence holder cannot have the licence validated for a river other than the one indicated on the licence. When a replacement licence is issued, it must contain the same amount of gear as the licence it replaces, so that the fishing effort does not increase. Replacement licences for the longline fishery cannot be issued. Licences will be cancelled when current licences are not renewed or upon the death of the licence holder. Licences for fishing within the Kouchibouguac National Park are issued with certain conditions. They are issued to commercial fishers with a home port at Cap St- Louis and Loggiecroft (within park boundaries) and to commercial fishers who had held licences in 967, 968 or 969. The commercial fishery will be phased out gradually when there are no more fishers eligible for replacement licences. In 200, a freeze has been imposed on the amount of gear that may be added to any other licence, pending the results of a review of the situation by the Advisory Committee and any subsequent decision by DFO as to how to proceed in regard to the amount of gear to be listed on an eel fishing licence. 49

57 Appendix 6. Regulations governing the Eel Fishery in the Eastern New Brunswick Area The following articles are taken from various provincial and federal regulations and are subject to change without notice. The Department of Fisheries and Oceans assumes no responsibility for the accuracy or reliability of any reproduction of federal legislative documents that are in this plan s appendix. These documents are prepared only for the convenience of the reader and have no official sanction. For the purpose of interpreting and applying the law, the reader must consult: a) the Acts as passed by Parliament which are published in the Assented to Acts service, Part III of the Canada Gazette and the annual Statutes of Canada; and b) the regulations as registered by the Clerk of the Privy Council and published in Part II of the Canada Gazette. No person shall fish for or catch and retain any fish unless the following conditions are met: the person is authorized to do so under the authority of a licence issued to that end or is accompanying a person authorized to do so under the authority of a licence issued to that end; the person holds a fisher s registration card; and, where a vessel is used in fishing, a vessel registration card has been issued in respect of that vessel. (s. 4(), Maritime Provinces Fishery Regulations) Every holder of a licence or fisher s registration card shall carry it at all times when engaged in any activity to which it relates and shall produce it on the demand of a fishery officer or fishery guardian. (s., Fishery (General) Regulations) The operator of a vessel in respect of which a vessel registration card has been issued shall have the vessel registration card and the licence authorizing the use of the vessel on board the vessel whenever the vessel is engaged as a fishing vessel and shall produce them on the demand of a fishery officer or fishery guardian. (s. 2, Fishery (General) Regulations) No person shall operate or cause to be operated a registered vessel on which the vessel registration number is not painted or securely affixed as required. (s. 26, Fishery (General) Regulations) No person carrying out any activity under the authority of a licence shall contravene or fail to comply with any condition of the licence. (s. 22 (7), Fishery (General) Regulations) No person shall set, operate or leave unattended in the water any fishing gear unless the gear is marked with the name of the person who owns the gear. The name (in full) must be affixed to a tag, float or buoy attached to the gear, and be legible and readily visible at all times without the necessity of raising the gear from the water. (s. 27, Fishery (General) Regulations) The person s name must appear in solid block capital letters in Roman letters, without ornamentation; not less than 75 mm in height; and in a colour that contrasts with their background. (s. 27(4), Fishery (General) Regulations) 50

58 No person shall leave fishing gear unattended in the water for more than 72 consecutive hours. (s. 27, Maritime Provinces Fishery Regulations) One-third of the width of any river or stream and not less than two-thirds of the width of the main channel at low tide in every tidal stream shall be always left open, and no kind of net or other fishing apparatus, logs or any material of any kind shall be used or placed therein. (s. 26 (), Fisheries Act) Except as otherwise provided as a condition of a licence, no person shall fish with or set any fishing gear, other than angling gear, a dip net, a minnow trap or a spear, within 200 m of any fishing gear previously set. (s. 26(e), Maritime Provinces Fishery Regulations) No person shall fish for eels except by angling or with an eel pot, eel trap, dip net, longline, set line or spear. (s. 36, Maritime Provinces Fishery Regulations) Every person who catches a fish incidentally shall forthwith return it to the place from which it was taken; and where it is alive, in a manner that causes it the least harm. (s. 33(2), Fishery (General) Regulations) No person shall erect, use or maintain in any of the Canadian Fisheries waters, whether subject to any exclusive right of fishery or not, any net, weir or other device that unduly obstructs the passage of fish. (s. 29(), Fisheries Act) Seines, nets or other fishing apparatus shall not be set or used in such manner or in such place as to obstruct the navigation of boats and vessels and no boats or vessels shall destroy or wantonly injure in any way seines, nets or other fishing apparatus lawfully set. (s. 24, Fisheries Act) No person shall engage in recreational fishing for eels during close times. (s. 37(), Maritime Provinces Fishery Regulations) No person shall engage in commercial fishing for eels during close times. (s. 37(.), Maritime Provinces Fishery Regulations) No person engaged in recreational fishing for eels shall catch and retain, in any day, more eels than the fishing quota prescribed by law. (s. 38, Maritime Provinces Fishery Regulations) No person shall catch and retain any eel the length of which is less than the minimum length prescribed by law. (s. 38.(), Maritime Provinces Fishery Regulations) No person shall place or set any fishing gear or apparatus in any water, along any beach or within any fishery during a close time. Any person who places or sets any fishing gear or apparatus in any water, along any beach or within any fishery shall remove it when the gear or apparatus is not being tended and prior to the commencement of a close time. (s. 25(),(2),(3) Fisheries Act) 5

59 Appendix 7. Scientific and Technical Publications Anon, Report of the EIFAC/ICES Working Group on eels, ICES CM 200/ACFM:03 DFO Eel fisheries in the Maritimes (Anguilla rostrata). DFO Atlantic Fisheries Stock Status Report 96/4. 4 pp. Jessop, B.M The management of, and fishery for, American eel elvers in the Maritime Provinces, Canada. Bull. Fr. Pêche Piscic. 349:03-6. Jessop, B.M Geographic and seasonal variation in biological characteristics of American eel elvers in the Bay of Fundy area and on the Atlantic coast of Nova Scotia. Can. J. Zool. 76: Locke, A., Claytor, R., LeBlanc, C., Chaput, G Status of American eels, Anguilla rostrata, in the Gulf Region. DFO Atlantic Fisheries Res. Doc. 95/79. Peterson, R.H. (Ed.) The American eel in eastern Canada: stock status and management strategies. Proceedings of eel workshop, January 3-4, 997, Quebec City, QC. Can. Tech. Rep. Fish. Aquat. Sci. No pp. This volume includes the following papers (among others): Paulin, L: Eel fisheries in the Gulf fisheries sector, Maritimes Region. Pp Chaput, G., Locke, A., and Cairns, D.: Status of Americal eel (Anguilla rostrata) from the southern Gulf of St. Lawrence. Pp Jessop, B.M.: American eel elvers and their fishery in the Scotia-Fundy area of Atlantic Canada: an overview. Pp

60 Appendix 8. Logbook 53