PACIFIC REGION INTEGRATED FISHERIES MANAGEMENT PLAN SPAWN-ON-KELP HERRING

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1 PACIFIC REGION INTEGRATED FISHERIES MANAGEMENT PLAN 2009 SPAWN-ON-KELP HERRING Clupea pallasi This Integrated Fisheries Management Plan is intended for general purposes only. Where there is a discrepancy between the Plan and the regulations, the regulations are the final authority. A description of Areas and Subareas referenced in this Plan can be found in the Pacific Fishery Management Area Regulations.

2 TABLE OF CONTENTS 1. CONTACTS FOR FURTHER INFORMATION GLOSSARY OVERVIEW OF THE FISHERY DESCRIPTION OF FISHERY HERRING SCIENCE Stock Assessment Model Data Sources for Stock Assessment Model Stock Status Precautionary Limits Research CONSULTATION: Integrated Herring Harvest Planning Committee (IHHPC) IHHPC Membership Roe Herring Representation Spawn On Kelp Representation First Nations Consultative Process to Develop 2009 Herring IFMPs OBJECTIVE BASED FISHERIES MANAGEMENT LEGAL AUTHORITY EVALUATION OF THE 2008 MANAGEMENT OBJECTIVES Conservation and Protection SPECIFIC MANAGEMENT OBJECTIVES AND PERFORMANCE MEASURES Consultation Process CURRENT MANAGEMENT ISSUES Oceans Act, and Canada s Oceans Strategy Species at Risk Act Future Committee on the Status of Endangered Wildlife Species Assessments Whale and Leatherback Turtle Sightings Importation, Notification and Validation Licence Nomination and Other Policy Approaches FINANCIAL RESPONSIBILITIES COMMERCIAL PLAN Management Highlights for Prince Rupert Queen Charlotte Islands West Coast of Vancouver Island Central Coast Island Point Zero Quota - Zero Fee Option Licence Fees On-Grounds Hailing Program Verification of Catch Monitoring Services prior to Licence Issuance Number of Licences by Area Herring Spawn-on-Kelp Integrated Fisheries Management Plan Page 1 of 35

3 13.3. Monitoring Requirements Knotless Web Province of BC Kelp Harvest Requirements Notification Requirements Designated Landing Ports Catch Validation and Fishery Validation Form Containers Used For Export of Product Logbook Catch Reporting Public Health COMPLIANCE MANAGEMENT PLAN Quota Allocations Individual Quota Transfer of Product Carry Over of Quota Overage and Underage The Rules for Carry-Over of Individual Quota Underages The Rules for Carry Over of Individual Quota Overages LICENCING Licence Category Licence Fees Licence Application Requirements Licence Documents Vessel Redesignation ATTACHMENTS Herring Spawn-on-Kelp Integrated Fisheries Management Plan Page 2 of 35

4 1. CONTACTS FOR FURTHER INFORMATION Commercial Information (604) Toll Free Commercial Information (800) Observe, Record and Report (800) Fisheries Management Branch Regional Resource Manager, Pelagics Harpreet Gill (604) A/Herring Officer Cynthia Johnston (604) A/South Coast Area Chief - Fisheries Management Gordon McEachen (250) South Coast Herring/Salmon Resource Manager Brenda Spence (250) Fisheries Management Coordinator - Port Alberni Alistair Thomson (250) Fisheries Management Coordinator - Port Hardy George Bates (250) North Coast Area Chief - Fisheries Management David Einarson (250) North Coast Section Head Salmon and Herring Steven Groves (250) North Coast Herring Biologist Mark Potyrala (250) Fisheries Management Coordinator - Prince Rupert Jim Steward (250) Fisheries Management Coordinator - Prince Rupert Corey Martens (250) Fisheries Management Coordinator - Bella Coola Kristen Smith (250) Fisheries Management Coordinator - Queen Charlotte City Victor Fradette (250) Conservation and Protection Area Chief - South Coast John Lewis (250) Area Chief - North Coast Scott Coultish (250) Science Branch Pacific Biological Station Jake Schweigert (250) Hammond Bay Road Nanaimo, B.C. V9R 5K6 Licensing Pacific Fishery Licence Unit (604) Burrard Street Vancouver, B.C. V6C 3S Herring Spawn-on-Kelp Integrated Fisheries Management Plan Page 3 of 35

5 Pacific Fishery Licence Unit (250) nd Avenue West Prince Rupert, B.C. V8J 1G8 Pacific Fishery Licence Unit (250) Front Street Nanaimo, B.C. V9R 5H7 Recreational Fisheries South Coast Coordinator Bill Shaw (250) North Coast Coordinator Mark Reagan (250) Fraser River Coordinator Debra Sneddon (604) Treaty and Aboriginal Policy Directorate Regional Director Kaarina McGivney (604) Internet Sites for More Information Management Fisheries and Oceans Canada Pacific Region Home: Fisheries & Oceans Canada Consultation site for the Integrated Herring Harvest Planning Committee (Committee representative contact details, meetings, summaries and presentations): Fisheries and Oceans Canada herring site (management plans; openings and closures): IFMPs for all herring fisheries can be found at: www-ops2.pac.dfo-mpo.gc.ca/xnet/content/mplans/mplans.htm The recreational harvest of herring is regulated via the British Columbia Sports Fishing Regulation, 1996 made under the Fisheries Act. The regulations are summarized annually in the British Columbia Tidal Waters Sports Fishing Guide: Licensing Information Science 2009 Herring Spawn-on-Kelp Integrated Fisheries Management Plan Page 4 of 35

6 Further information and recent publications on stock habitat and ocean status as well as research documents can be found at the PSARC website at: Specific information on the status of herring stocks in each of the stock assessment regions can be found at: Herring Spawn-on-Kelp Integrated Fisheries Management Plan Page 5 of 35

7 2. GLOSSARY area A division of Canadian fisheries waters as described in the Pacific Fishery Management Area Regulations: closed pond designated service provider FSC HCRS An area with artificially suspended aquatic plants surrounded by netting that impounds herring that have been captured live by a seine vessel. The herring are released after spawning. A private sector company authorized by the Department to collect and collate information for the purpose of assisting vessel masters in meeting their conditions of licence with regards to reporting of information. Food, Social and Ceremonial fishery for First Nations Herring Conservation and Research Society: a non-profit society formed to promote and enhance the conservation of herring stocks on the west coast of Canada HIAB Herring Industry Advisory Board. The commercial herring consultative body comprised of 19 representatives. Ten of the representatives are elected and nine are appointed by the roe herring licence eligibility holders of which 10 participate in IHHPC meetings. IHHPC landed or landing observer on-grounds monitor Integrated Herring Harvest Planning Committee a representative cross-sectoral advisory process for integrated harvest planning and post-season review. The offload of catch onto land. An individual who has been designated as an observer by the Regional Director General for Pacific Region pursuant to Section 39 of the Fishery (General) Regulations, An observer that conducts the following activities: monitoring and documenting herring capture, impoundment activities, kelp harvest, the harvest of spawn-on-kelp (SOK) completion of validation logs, labelling of totes used to transport product, communicating fishery regulations to SOK operators and liaison between SOK operators, fishery managers and enforcement officers Herring Spawn-on-Kelp Integrated Fisheries Management Plan Page 6 of 35

8 open pond IQ pelagic PSARC port monitor spawn-on-kelp SOK sector representation stock assessment area Subarea TAC ton tonne validated An area with artificially suspended aquatic plants that does not capture or impound herring, but is often a site of natural spawning. Individual Quota Living in the surface or middle depths of the sea. Pacific Scientific Advice Review Committee An observer that conducts the following activities: monitoring all landings of SOK product, completion of Herring SOK Fishery Validation Forms, monitoring and control of export containers in processing plants, administering labels for export buckets, and data collection in processing plants. Marine kelp blades covered in herring eggs. A consultative body made up of representatives elected from and appointed by SOK licence eligibility holders Stock assessment groupings used since 1993 by the PSARC to monitor, assess, forecast and harvest herring. A division of Canadian fisheries waters as described in the Pacific Fishery Management Area Regulations. Total Allowable Catch Short ton, 2000 pounds, traditionally used as a unit of measure by B.C. and United States fish harvesters. Metric tonne, 1000 kg, or pounds The verification and recording of weight by a port monitor of a species of fish caught and landed. 3. OVERVIEW OF THE FISHERY The 2009 Pacific Region Herring Spawn-on-Kelp Integrated Fisheries Management Plan (IFMP) encompasses the fishing period February 10, 2009 to June 30, 2009, with a focus on the spawn on kelp (SOK) fisheries scheduled between the first week of March and the last week in May Herring Spawn-on-Kelp Integrated Fisheries Management Plan Page 7 of 35

9 4. DESCRIPTION OF FISHERY The SOK fishery is conducted by suspending lines of kelp where herring spawn. Macrocystis integrifolia is the primary kelp species used, but Laminaria saccharina and Egregia menziesii are also permitted. In the open ponding technique, the herring remain free in the ocean environment and kelp is suspended along the shoreline in an area where herring are expected to spawn. In closed ponding, herring in spawning condition are captured by a seine vessel and placed in an enclosure with suspended lines of kelp. The herring in the closed pond are released after spawning, but there is a greater mortality associated with this method due to the increased handling of the herring. After the herring spawn on the kelp, the SOK is harvested, trimmed, brined, and later processed in a processing plant. In the SOK fishery, the harvest objective is not harvesting of whole fish, rather the eggs adhered to the suspended kelp after spawning has occurred. With open ponding the primary impact on the resource is the removal of eggs, which is accounted for in the herring allocation process. The SOK fishery traditionally occurs in 4 of the 5 pacific herring stock assessment areas: Queen Charlotte Islands (QCI), Prince Rupert District (PRD), Central Coast (CC), and the west coast of Vancouver Island (WCVI). It does not occur in the Strait of Georgia (Gulf) because of the lack of suitable kelp. SOK is a traditional food of B.C. coastal First Nations. First Nations communities harvest herring SOK for food, social and ceremonial purposes (FSC) under the authority of communal licences. First Nations coastal communities have traditionally harvested herring spawn using the open pond method or naturally on several different types of kelp, eel grass and tree branches. There are currently 45.5 SOK licences operating in B.C. which are held by both individuals and First Nation bands. 16 First Nation bands operate 26 licence eligibilities and the remaining 20 licences eligibilities are operated by individual First Nations and non-first Nations operators. There are no recreational fisheries for herring SOK. 5. HERRING SCIENCE 5.1. Stock Assessment Model Stock assessments had been conducted with two analytical models since the 1980s. The models were developed explicitly for British Columbia herring populations: (1) a modification of the escapement models described by Schweigert and Stocker (1988); and (2) a modification of the age-structured model described by Fournier and Archibald (1982). Beginning in 2006, a single revised age structured model was adopted for herring stock assessment and forecasts (HCAM, Haist and Schweigert 2006). In 2008 a slightly modified version of the Herring Catch-Age model (HCAMv2) was used for 2009 Herring Spawn-on-Kelp Integrated Fisheries Management Plan Page 8 of 35

10 herring stock assessment and forecasts. Estimates of spawning escapement are projected based on estimated survival, growth and recruitment to forecast abundance in A description of the model is provided in a Canadian Science Advisory Secretariat (CSAS) Research Document (Christensen, Haist and Schweigert, 2008). These papers/documents can be accessed at the following website: Data Sources for Stock Assessment Model The primary data sources for stock assessment are spawn survey data, commercial catch landings data, and age composition data from biological samples of commercial fishery, pre-fishery charter, and research catches. In 2008, dive surveys were conducted in all areas of the coast with the exception of Area 2W, where a combination of snorkelling and surface survey techniques were used. In addition, unusually deep spawning was noted in a number of areas on the WCVI through raking or spot dives but it was not possible to provide a comprehensive assessment of the egg deposition for these spawning locations. Catch information is obtained from landing slips or monitoring of plant offload data. Historically, landing slip data were summed by fishery season (seasons run from July 1 to June 30). Beginning in 1997/98 season, roe catch figures are based on verified plant offload weights, a result of the introduction of the individual vessel quota ( pool fishery ) system for all fisheries except the Strait of Georgia and Prince Rupert gillnet fisheries. Since the 1998/99 season, verified plant offload weights are available for all food and bait and roe fisheries coast-wide. Age composition data are obtained from biological samples of the catch in years when there were commercial fisheries. Pre-fishery seine charters began in 1975 and samples from these surveys are used in addition to samples taken from the catch, particularly in areas with no fisheries, or when catch samples are few in number or not representative of the entire catch. Additional data used in both models are annual estimates of the mean weight-at-age. Historically, the target for biological sampling was 400 samples collected coast-wide, where each sample is approximately 100 fish. Recent reduction in ageing capacity has limited biological sample collection to fewer than 300 samples. During the 2007/2008 season a total of 218 herring samples (75 roe, 29 food and bait, 90 test fishery, 11 SOK and 13 research samples) were collected and processed, compared to 198 in 2006/2007, 212 in 2005/2006 and 274 in 2004/ Stock Status On a coast-wide basis, herring abundance decreased in The estimated pre-fishery biomass was 77,500 metric tonnes (t), which represents a 26% decrease over the 2007 stock level of 105,100 t (115,820 tons). The recruitment of the 2005-year class in 2008 was poor for the Central Coast, Strait of Georgia, and west coast of Vancouver Island. The Queen Charlotte Islands and Prince Rupert had poor to average recruitment. For the five major stock assessment regions in B.C., the forecast biomass for 2008/2009 is 90,075 t (99,291 tons). The 2008/2009 forecasts for Area 2W and Area 27 are 1,654 t 2009 Herring Spawn-on-Kelp Integrated Fisheries Management Plan Page 9 of 35

11 (1,823 tons) and 1,324 t (1,459 tons), respectively. Forecast returns are above Cut-off levels in all areas except for the Central Coast, QCI and WCVI. A total maximum coastwide yield of 15,562 t (17,154 tons) is calculated as follows: applying the 20 percent harvest rate policy in areas above Cut-off (PRD and Gulf) and using a precautionary 10 percent harvest rule for Areas 2W and 27. The Pacific Scientific Advice Review Committee (PSARC) 2008/2009 stock forecasts, Cut-off levels, and recommended yield (metric tons; short tons), for each of the stock assessment areas are as follows: Area Forecast Cut Off Maximum Recommended Yield* Metric tons Short tons Metric tons Short tons Metric tons Short tons 2W 1,654 1, QCI 3,647 4,020 10,700 11, PRD 17,342 1, ,100 13,338 3,468 3,823 CC 6,207 6,842 17,600 19, Gulf 58,985 65,020 21,200 23,369 11,797 13,004 WCVI 3,894 4,292 18,800 20, AREA 27 1,324 1, Total 93, ,573 15,562 17,154 * Based on PSARC advice. 5.4 Precautionary Limits Precautionary limits are established to ensure that harvest proceeds in a sustainable manner and that sufficient biomass is available to replenish the stocks on an ongoing basis. The 20 percent harvest rate for Pacific herring was introduced in 1983 and Cut-off levels were added in The 20 percent harvest rate is based on an analysis of stock dynamics, which indicates this level will stabilize both catch and spawning biomass while foregoing minimum yield over the long term (Hall et al. 1988, Zheng et al. 1993). Cut-off levels have been revised from time to time but have generally remained fixed since PSARC has reviewed the biological basis for target exploitation rate, considering both the priority of assuring conservation of the resource and allowing sustainable harvesting opportunities (Schweigert and Ware 1995). The review concluded that 20 percent is an appropriate exploitation rate for those stocks that are well above the Cut-off or minimum spawning biomass threshold levels for commercial fisheries (PSARC 1995). For those stocks which are marginally above Cut-off the following reduced catch level is recommended: catch = forecast run - Cut-off. This will provide for smaller fisheries in areas where the 20 percent harvest rate would bring the escapement down to levels below the Cut-off Herring Spawn-on-Kelp Integrated Fisheries Management Plan Page 10 of 35

12 At this time there is no information available on the appropriate conservation limits for herring based on ecosystem considerations. It is recognized that herring plays a critical role in the ecosystem and are a food source for a variety of species. The precautionary harvest rate of 20 percent of the mature biomass ensures that 80 percent of the adult population is available to predator species and are protected for future production. Additionally, since no harvest occurs on immature herring, all of these fish are available to support ecosystem processes. Research is ongoing to better understand these ecosystem processes and the role herring plays in maintaining the integrity and functioning of the ecosystem. 5.5 Research Research activities have focussed on annual data collection and database management, stock identification, and the influence of habitat and climate factors on herring survival and recruitment. Stock assessment related research activities consist of reviewing and evaluating the biological assumptions underlying the assessment models and adapting them to incorporate new findings about herring population biology. Recent contributions include reviews of adult natural mortality rate and descriptions of variations in size-atage. Over the past several years, a considerable amount of effort and resources have been expended in the area of stock identification. Projects included microsatellite DNA analysis, coded-wire tagging, and herring metapopulation analysis. These studies all support the stock definition utilized in annual stock assessments. Recent tagging studies support previous findings of some herring movement between assessment areas, a result consistent with the absence of any detectable genetic differentiation among herring stocks. Research into the survival and recruitment of herring has been conducted through two field surveys. The first is a summer survey of relative herring abundance along the southwest coast of Vancouver Island. The goal is to provide a forecast of recruitment for the annual assessment of the WCVI and Strait of Georgia herring stocks. The survey began in Beginning in 2003, a similar survey was initiated in the Hecate Strait/Queen Charlotte Sound area with the goal of providing similar information for northern stocks but discontinued in 2006 due to a lack of resources. Another ongoing survey, has examined the fall distribution and relative abundance of juvenile herring in the Strait of Georgia since The distribution, abundance, food and feeding of juvenile herring and salmonids are examined to address the role of forage fish in an ecosystem. A similar survey was conducted in the Central Coast from and 2007 and Due to continued low productivity of the QCI herring stock, a similar survey occurred there in Data on oceanographic conditions and plankton were collected to characterize QCI juvenile herring habitat conditions. Other projects are addressing the effects of habitat and climate issues on herring survival and productivity. One program is examining the influence of climatic variations and 2009 Herring Spawn-on-Kelp Integrated Fisheries Management Plan Page 11 of 35

13 species interactions on WCVI herring recruitment and growth. Another study is monitoring euphausiid and copepod population biology to assess the effects of variation in their productivity on the population biology of WCVI herring. Many of these studies provide input to the annual State of the Ocean report. 6. CONSULTATION: 6.1. Integrated Herring Harvest Planning Committee (IHHPC) The IHHPC was established by the Department to promote a more stream-lined, representative, cross sectoral advisory process related to herring harvest planning, management, and post-season review. It is DFO s venue for cross-sectoral communication and advice on issues related to herring fisheries in the Pacific Region. The goal of the IHHPC is to support the development of fishing plans that are coordinated and integrated, to identify potential conflicts, and to make recommendations for resolving disputes. The committee does not have an approval capacity, and does not deal with recommendations of food, social and ceremonial (FSC) harvest plans IHHPC Membership Representation on advisory bodies relates to the mandate and function of the committee. Participation in advisory processes has been designed to reflect a broad range of interests in fisheries and oceans issues in the Pacific Region, to the extent possible, so that a diversity of perspectives is involved. Membership in the IHHPC is comprised of representatives from the Spawn on Kelp sector, the roe herring sector, First Nations, the Marine Conservation Caucus (MCC), Sport Fish Advisory Board (SFAB), Province of BC, and DFO. Selection of members to sector organizations should be open, fair, and democratic. For more information about the selection method and criteria, please see the IHHPC Terms of Reference, available on DFO s Pacific Region Consultation website at: Roe Herring Representation The roe herring sector provides advice on issues affecting commercial roe herring fish harvesters. This role includes submitting recommendations for roe herring harvesting plans for all areas with a roe herring TAC. The roe herring sector has 10 seats on the IHHPC. The 10 participants are selected by the roe herring sector from a pool of: (a) 10 individuals elected by roe herring licence eligibility holders (5 seine and 5 gillnet); (b) 4 appointed processors; and (c) 5 appointed individuals representing: the United Fishermen and Allied Workers Union; the Native Brotherhood of BC.; the Aboriginal Fishing Vessel Owners Association; the Fishing Vessel Owners Association, and the Herring Conservation & Research Society (HCRS) Spawn On Kelp Representation 2009 Herring Spawn-on-Kelp Integrated Fisheries Management Plan Page 12 of 35

14 The SOK sector represents the commercial spawn on kelp industry and provides advice on issues affecting commercial spawn on kelp fish harvesters. The SOK sector has 5 seats on the IHHPC. The 5 participants are selected by the spawn on kelp sector from a pool of elected individuals and alternates First Nations First Nations participation on the IHHPC is intended to promote dialogue and to inform among other users of the herring resource of the fishing plans and other intended activities of First Nations. DFO does recognize that some issues are best addressed in bilateral processes therefore DFO will consult bilaterally with First Nations in order to determine FSC requirements. In 2004, DFO appointed five First Nation representatives to participate as members on the IHHPC. DFO has selected one First Nation from each of the 5 major stock assessment areas to represent the First Nations interests within that area. These appointments are on an interim basis and based on recommendations made by major Aboriginal groups. For longer-term appointments, DFO will continue to work with Aboriginal groups to identify a suitable process Consultative Process to Develop 2009 Herring IFMPs IFMPs for herring will be prepared each year to identify fishing opportunities and constraints for the coming season. Each year s IFMP has been developed based on DFO scientific analysis of environmental conditions and stock assessment. Input on the draft IFMPs is provided by the IHHPC members following extensive consultations. These consultations are conducted with both individual and collective sectors involved in the IHHPC. For a complete record of past IHHPC meetings, minutes and for future meeting dates, please see the DFO consultation website at: 7. OBJECTIVE BASED FISHERIES MANAGEMENT As part of the Objectives Based Fisheries Management (OBFM) initiative, the Department is currently reviewing the harvesting policy for Pacific herring. Changes in harvest rates or Cut-off levels may occur in some areas as a result of these new analyses. A risk assessment framework was developed with the goal of determining conservation limit reference points for harvested species as part of the Department of Fisheries and Oceans initiative on OBFM. In the Pacific Region, Pacific herring was one of two pilot species chosen based on the availability of extensive biological and fisheries data. A critical component of the risk assessment was the development of a population dynamics model of Pacific herring stocks reflecting the best current understanding of fishery and environmental impacts to assess current abundance and make stock projections Herring Spawn-on-Kelp Integrated Fisheries Management Plan Page 13 of 35

15 A series of performance indicators (measures) was developed to evaluate the impacts of various harvest policy options on the viability and sustainability of Pacific herring stocks in British Columbia. The performance indicators were developed through consultations with stakeholders throughout Pacific Region. Performance indicators utilized in the risk assessment were measured over a 15 year projection period and included: the average spawning stock biomass (SSB), the proportion of the population consisting of individuals age 4 and older, the probability of a 50% decline in abundance within 3 generations, the probability of SSB declining below a fixed threshold (the current Cut-off level), the probability of the SSB declining below a floating cut-off level, the number of years of fishery closure, the average annual catch,, and the probability of the SSB increasing to the biomass generating the MSY (Bmsy) in three generations. The performance indicators were compared for a suite of proportional threshold harvest policies of which the current policy is one possible example. Six scenarios were designed for projection simulations to investigate the sensitivity of performance indicators to structural assumptions in the model (stock recruitment function and variable versus constant natural mortality), type of fishing gear, length of closure when biomass falls below Cut-off threshold, and average marine survival. Performance indicators were broadly similar across all five herring stocks in each scenario. The existing herring harvest policy remains precautionary for all stocks, particularly in the current environment of reduced survival throughout the coast. 8. LEGAL AUTHORITY The commercial SOK fishery is managed under authority of the Fisheries Act and the regulations detailed in the following: a) Pacific Fishery Regulations, 1993; b) Fishery (General) Regulations 2007; and c) Aboriginal Communal Fishing Licence Regulations. 9. EVALUATION OF THE 2008 MANAGEMENT OBJECTIVES 9.1. Conservation and Protection Management Objective: To ensure conservation and protection of herring stocks and their habitat through the application of scientific management principles applied in a risk averse and precautionary manner based on the best scientific advice available. Assessment: A conservative harvest rate to a maximum of 20 percent for each of the five stock assessment regions was implemented in Cut off levels established for each of the areas to ensure adequate spawning stocks were implemented in the Queen Charlotte Islands, West Coast of Vancouver Island and the Central Coast major stock 2009 Herring Spawn-on-Kelp Integrated Fisheries Management Plan Page 14 of 35

16 assessment areas. Data of catch, effort and landings for roe harvested during the spawnon-kelp fishery by geographic location and time period were collected 10. SPECIFIC MANAGEMENT OBJECTIVES AND PERFORMANCE MEASURES SOK fisheries management in 2009 will be evaluated against the following objectives and performance measurements Consultation Process Management Objective Conduct an open and transparent consultation process for discussions of harvest management issues for this fishery, including the annual development of an IFMP and to increase information posted on the DFO consultation website to allow for wide review of all relevant material. Performance Measure a) Seek stakeholder and First Nations advice on development of the IFMP allowing 30 days for review and feedback on IFMP draft content. b) Facilitate consensus building among stakeholders on issues related to the management of the fishery. c) Hold post-season meetings to review issues encountered and to develop options for addressing and resolving them. d) Post meeting notes and meeting presentations as soon as is possible post consultation meetings Ensure Conservation and Protection Management Objective To ensure conservation and protection of Pacific herring stocks through the application of scientific management principles applied in a risk averse and precautionary manner based on the best scientific advice available. Performance Measure a) Conservation and protection of pacific herring stocks will be carried out by applying a conservative harvest rate to a maximum of 20 percent to each of the five stock assessment regions. b) Cut off levels are also established for each of the areas to ensure adequate spawning stocks are maintained Herring Spawn-on-Kelp Integrated Fisheries Management Plan Page 15 of 35

17 c) Collect accurate and timely catch, effort and landings by geographic location and time period d) Monitor compliance of the spawn-on-kelp monitoring program (DMP) funded by individual licence eligibility holders. e) Through biological sampling information collect data to assist in management decisions and monitor size and age distribution of herring caught First Nations Management Objective: To provide opportunities for First Nations access for FSC purposes, in a manner consistent with the Sparrow decision. Fisheries and Oceans Canada will consult with First Nations in order to determine Food Social and Ceremonial (FSC) requirements. First Nations will be authorized to fish for FSC through the use of a communal licence. 11. CURRENT MANAGEMENT ISSUES Oceans Act, and Canada s Oceans Strategy In 1997, the Government of Canada enacted the Oceans Act. This legislation provides a foundation for an integrated and balanced national oceans policy framework supported by regional management and implementation strategies. The principles behind the legislation are an ecosystem approach, sustainable development, and a precautionary approach. Canada s Oceans Strategy (2002) provides the policy framework and strategic approach for modern oceans management in estuarine, coastal and marine ecosystems. As part of the Canada s Oceans Strategy, Fisheries & Oceans Canada is initiating integrated management planning for the Queen Charlotte Basin through the Pacific North Coast Integrated Management Area (PNCIMA) initiative building on past and present coastal planning efforts by the Province of British Columbia. An Ecosystem Overview and Assessment Report and marine use analysis of the area have been completed. Work is underway to identify and engage regulators, stakeholders and aboriginal organizations. This planning will guide our identification of areas requiring protection or requiring other conservation measures. Marine Protected Areas (MPAs) are marine areas that have been designated under Oceans Act for special protection in order to conserve and protect: fisher resources endangered or threatened species and their habitats; unique habitats; and areas of high biodiversity or biological productivity. Work to establish a network of Marine Protected Areas on the Pacific Coast is ongoing as part of Canada s commitment under the Convention on Biological Diversity (CBD) to contribute to the establishment of a network of marine protected areas by In March 2003, the Minister announced the establishment of the first MPA, the Endeavour Hydrothermal Vents Area, off the southwest coast of Vancouver Island, British Columbia. The Bowie Seamount MPA was established in April 2008 and is located 180 kilometres west of Haida Gwaii (Queen Charlotte Islands). No commercial fishing for herring will be permitted in the Bowie 2009 Herring Spawn-on-Kelp Integrated Fisheries Management Plan Page 16 of 35

18 Seamount MPA. Work to establish other Marine Protected Areas is ongoing and where feasible, future MPAs will be identified through integrated oceans planning processes. More information on MPAs can be found at: Species at Risk Act The Species at Risk Act (SARA) came into force in The purposes of the Act are to prevent wildlife species from being extirpated or becoming extinct, and to provide for the recovery of a wildlife species that are extirpated, endangered or threatened as a result of human activity and to manage species of special concern to prevent them from becoming endangered or threatened. Endangered, Threatened, and Special Concern marine species in Pacific region currently listed under Schedule 1 of SARA are: a) Blue Whale (Endangered) b) Killer Whale southern resident population (Endangered) c) Killer Whale northern resident population (Threatened) d) Killer Whale transient population (Threatened) e) Leatherback Turtle (Endangered) f) Northern Pacific right whale (Endangered) g) Northern Abalone (Threatened) h) Fin Whale (Threatened) i) Sei Whale (Endangered) j) Humpback Whale ( Threatened) k) Sea Otter (Threatened)1 l) Green sturgeon (Special Concern) m) Grey Whale (Special Concern) n) Harbour porpoise (Special Concern) o) Killer whale offshore population (Special Concern) p) Olympia oyster (Special Concern) q) Steller sea lion (Special Concern) In addition to the existing prohibitions under the Fisheries Act, it is illegal to kill, harm, harass, capture, take, possess, collect, buy, sell or trade any listed endangered or threatened animal or any part or derivative of an individual. These prohibitions apply unless a person is authorized, by a permit, licence or other similar document issued in accordance with SARA, to engage in an activity affecting the listed species or the residences of its individuals. Species listed as special concern are not included in these prohibitions. 1 In 2007, COSEWIC re-assessed sea otter as a species of Special Concern. It is currently in the SARA listing process, proposed to be re-listed as Special Concern, replacing the current Threatened listing Herring Spawn-on-Kelp Integrated Fisheries Management Plan Page 17 of 35

19 COSEWIC-designated marine or anadromous species in Pacific region currently under consideration for listing under Schedule I of SARA are: a) Basking shark Endangered b) Bocaccio rockfish Threatened c) Canary rockfish - Threatened d) Northern fur seal - Threatened e) Okanagan Chinook - Threatened f) Longspine thornyhead Special Concern g) Rougheye rockfish types I & II Special Concern h) Sea otter Special Concern i) Sixgill shark Special Concern j) Soupfin shark (tope) Special Concern The formal SARA legal listing process begins when the Minister of Environment issues a response statement, detailing how he intends to proceed with the COSEWIC species designations. Response statements can be found at: Listing decisions for Northern fur seal, longspine thornyhead, rougheye rockfish, sea otter, sixgill shark, and soupfin shark (tope) will be announced by March 11, Listing decisions for basking shark, bocaccio, canary rockfish and Okanagan Chinook are likely to take place in Winter Future Committee on the Status of Endangered Wildlife Species Assessments For a full list of the May 2008 assessment results, please visit: In November 2008, COSEWIC will be assessing the status of yelloweye rockfish. Assessments produced by COSEWIC help inform the Minister of Environment s decision on whether to list species under Schedule I of SARA Whale and Leatherback Turtle Sightings The Department welcomes assistance in the reporting of any whale or leatherback turtle sightings or entanglement. Sightings for leatherback turtles and many whale species are infrequent in Pacific Canadian waters, and the collection of sightings data is very useful to scientists in determining population size and distribution. Establishing this information can in turn help in the recovery planning under SARA. To report a whale sighting, contact the BC Cetacean Sighting Network: Toll free: I-SAW-ONE ( ) Fax: (604) sightings@vanaqua.org 2009 Herring Spawn-on-Kelp Integrated Fisheries Management Plan Page 18 of 35

20 Internet: To report a turtle sighting contact the Sea turtle Sighting Network: Toll free: I-SAW-ONE ( ) Fax (604) turtles@vanaqua.org Internet: More information on SARA and COSEWIC can be found at: Importation, Notification and Validation In the past, SOK product from outside Canada, mainly Alaska, was imported without notification or validation requirements for transport vessels. For 2009, the conditions for importing SOK include notification to the Steven Groves in the North Coast office, and validation of the offload weight by a qualified third party service provider. An information package has been developed for importers. It can be obtained by contacting Steven Groves at (604) Licence Nomination and Other Policy Approaches There currently is no process for commercial SOK licence eligibilities to be nominated (transferred) from one licence eligibility holder to another. The spawn on kelp sector has requested that the Department review the existing policy with a view to removing this restriction. This review has been initiated by Fisheries and Oceans Canada. The market for SOK has declined significantly since the late 1990s and as a result, the SOK sector members have requested the Department to consider alternative policies or approaches to enable licence eligibility holders to adjust to the new conditions. 12. FINANCIAL RESPONSIBILITIES The 37 SOK fishery licence eligibility holders, represented by the spawn on kelp sector, contribute the funding required for a monitoring program that has historically provided coverage on-grounds, at landing stations, and in processing plants. The program has been administered by the SOK sector, which hires an independent company to carry out monitoring activities. Similar to the past, the financial responsibility for funding an approved monitoring program is now with the individual licence eligibility holders. The Heiltsuk First Nation participates in an alternative monitoring program that provides coverage on-grounds, at the landing station and the processing plant Herring Spawn-on-Kelp Integrated Fisheries Management Plan Page 19 of 35

21 13. COMMERCIAL PLAN Management Highlights for Prince Rupert Areas 3/4/5 The Prince Rupert major stock assessment area will be open for the 2009 season. There will be a total of seven licences in Areas 3 and 4; and 3 licences in Area Queen Charlotte Islands Area 2 East - Stock Status Concern In the QCI Area (Area 2 East), the forecasted biomass for 2009 is below the cut off in the major stock assessment area. Since 2005, no commercial fisheries have taken place in Area 2 East (major stock assessment area) due to stock abundance concerns. For the 2009 season, DFO has received a request from a representative of the Council of Haida Nation (CHN) at the IHHPC meeting to utilize a portion of their FSC allocation for commercial purposes. This request is under review. Commercial opportunities will not be considered in Area 2 East from any other commercial SOK licence eligibility holders assigned to Area 2 East. Area 2 West For 2009 the PSARC recommended harvest in the minor stock assessment Area 2W is 182 short tons (165 metric tons) which will be used to support SOK licence eligibility holders. In previous years where a TAC has been available for commercial SOK purposes a lottery process was used to select participants with eligibility limited to SOK licence eligibility holders assigned to Area 2E. For the 2009 season eligibility for the commercial opportunity in area 2W is limited to SOK licence eligibility holders assigned to Area 2E. At the IHHPC meeting, DFO received a request from a representative from the Council of the Haida Nation for priority access of two communal SOK licences to the TAC in area 2W for the 2009 season. The Department is providing opportunities for all Area 2E SOK licence eligibility holders to submit a consensus based proposal for the selection of participants to harvest the available TAC for the 2009 season. Area 2E SOK licence eligibility holders are encouraged to work together for the selection of participants in area 2009 Herring Spawn-on-Kelp Integrated Fisheries Management Plan Page 20 of 35

22 2W. A proposal must be submitted by November 28, All individuals or parties that submit proposals will be advised once the Department has completed its review. For additional questions please contact either Steven Groves at or Cynthia Johnston at In the absence of a consensus proposal, a lottery process similar to past years will be used to select the 2 participants. A letter on the issues outlined above for Area 2 West including a lottery application (in the event a lottery is held) has been sent to QCI licence eligibility holders. Lottery applications were sent to QCI SOK licence eligibility holders with the letter and completed applications must be received at the Prince Rupert Pacific Fishery Licence Unit (PFLU) by December 5, West Coast of Vancouver Island Major Stock Assessment Area Stock Status Concern Herring abundance in the WCVI major stock assessment area has declined over time. Stock forecasts have been close to or below cut-off levels since the mid 1990s, with the exception of For 2009, the abundance forecast is below the cut off level. DFO is proceeding with a precautionary management regime for the 2009 season with no SOK commercial harvests in the WCVI major stock assessment area. Therefore, commercial harvest opportunities will not be made available in this area for Four closed pond commercial SOK licence eligibilities are assigned to the WCVI major stock assessment area and quotas for these licence eligibilities will be set to zero thereby reducing the licence eligibility fees to zero. The SOK licences assigned to minor stock assessment areas 12 and 27 do not form part of the WCVI major stock assessment area and therefore are not affected by this closure. Minor Stock Assessment Areas The SOK licences assigned to minor stock assessment areas 12 and 27 are permitted to harvest within the PSARC maximum recommended yields for Areas 12 and 27. Area 27 There are three existing open pond SOK operations assigned to Area 27. For 2009, there is potential for one additional open pond SOK licence eligibility to 2009 Herring Spawn-on-Kelp Integrated Fisheries Management Plan Page 21 of 35

23 operate in Area 27 due to the availability of TAC (as was the case for the 2008 season). Eligibility for the additional commercial SOK opportunity in area 27 is limited to commercial SOK licence eligibility holders assigned to the WCVI major stock assessment area. If there is interest by the WCVI SOK licence eligibility holders to pursue this opportunity, DFO will seek input from the four WCVI SOK licence eligibility holders on a fair and open selection process to select a participant. The operation of the additional licence eligibility is contingent on the development and approval of an on grounds management plan that meets the needs of the Area 27 SOK licence eligibility holders, takes into consideration all aspects of the SOK operations, and considers local First Nation s views. If such a management plan is not developed and reviewed by DFO, the additional licence eligibility may not be permitted to operate in Area 27 for Deadlines for development of any additional opportunity will be communicated to the WCVI SOK and Area 27 SOK licence eligibility holders in preseason planning sessions by South Coast area staff. For more information, please contact Greg Thomas at and/or Brenda Spence at Central Coast Major Stock Assessment Area Stock Status Concern In the Central Coast, stock abundance levels for the major stock assessment area are forecasted to be below the commercial cut off level for the 2009 season. DFO is proceeding with a precautionary management regime. Discussions with the Heiltsuk are ongoing. Commercial opportunities for other SOK licence eligibility holders assigned to the central coast major stock assessment area will not be considered for the 2009 season. Minor Stock Assessment Area The Department has made commercial SOK fishery opportunities available to those licence eligibilities permanently assigned to minor stock assessment area 10 in Area 10 supports three SOK licence eligibilities Island Point Island Point is located on the North side of Porcher Island in the Prince Rupert Stock Assessment Area. This is an alternate site for SOK operations in Area 4 which usually accounts for only a small portion of the Area 4 harvest. If more 2009 Herring Spawn-on-Kelp Integrated Fisheries Management Plan Page 22 of 35

24 than three operators wish to harvest herring in the area, a precautionary plan will be drafted to minimize herring usage when harvesting at Island Point. Island Point closes to seining for herring on April 15 th to protect this small population. Operators wishing to fish beyond the April 15 th closure may contact Corey Martens at (250) to discuss. Please see your SOK licence conditions for details Zero Quota - Zero Fee Option SOK licence eligibility holders have the option of electing a zero quota option for the 2009 season. The licence fee associated with this option will be zero. SOK licence eligibility holders electing a zero quota are still required to submit a licence application in order to maintain the licence eligibility. An application form for the zero quota - zero fee option may be obtained by contacting the Prince Rupert Pacific Fishery Licence Unit (PFLU). Contact details are located on page 3 and 4 of this IFMP Licence Fees For commercial fisheries in Canada, there is a standardized approach for the determination of fishing licence fees. For quota fisheries, such as SOK, licence fees are based on five percent of landed value for a four year base period. The department is currently reviewing SOK and other fishery licence fees On-Grounds Hailing Program A program of mandatory hailing to J.O. Thomas and Associates with location, kelping, seining, ponding, harvesting, releasing and disassembling of herring operations has been implemented. Licence holders must contact J.O. Thomas and Associates at (604) to enrol in the monitoring program by Feb 1 st, The hail-in program will require licence holders to frequently and regularly communicate with J.O. Thomas during the herring season or face enforcement action Verification of Catch Monitoring Services prior to Licence Issuance Prior to licence issuance, proof of monitoring will be required via a letter from the service provider verifying their agreement with the delivery of a fishery monitoring program as outlined in section 13.3 of this IFMP Number of Licences by Area Table 1: Number of Licences by Area Geographic Area and Fishery Management Area Number of Licences QCI major stock assessment area Area 2 East Closed 10 QCI minor stock assessment area 2009 Herring Spawn-on-Kelp Integrated Fisheries Management Plan Page 23 of 35

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