and Blackback (Winter) Flounder Pseudopleuronectes americanus Image Monterey Bay Aquarium Canada Maritimes Bottom trawl

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1 and Blackback (Winter) Flounder Pseudopleuronectes americanus Image Monterey Bay Aquarium Canada Maritimes Bottom trawl April 1, 2016 The Safina Center Seafood Analysts Disclaimer: Seafood Watch and The Safina Center strive to ensure that all our Seafood Reports and recommendations contained therein are accurate and reflect the most up-to-date evidence available at the time of publication. All our reports are peer-reviewed for accuracy and completeness by external scientists with expertise in ecology, fisheries science or aquaculture. Scientific review, however, does not constitute an endorsement of the Seafood Watch program or of The Safina Center or their recommendations on the part of the reviewing scientists. Seafood Watch and The Safina Center are solely responsible for the conclusions reached in this report. We always welcome additional or updated data that can be used for the next revision. Seafood Watch and Seafood Reports are made possible through a grant from the David and Lucile Packard Foundation and other funders.

2 2 Table of Contents About The Safina Center... 3 About Seafood Watch... 4 Guiding Principles... 5 Summary... 6 Introduction... 8 Assessment Criterion 1: Impact on the Species Under Assessment Criterion 2: Impacts on Other Species Criterion 3: Management Effectiveness Criterion 4: Impacts on the Habitat and Ecosystem Acknowledgements References Appendix A... 40

3 3 About The Safina Center The Safina Center (formerly Blue Ocean Institute) translates scientific information into language people can understand and serves as a unique voice of hope, guidance, and encouragement. The Safina Center (TSC) works through science, art, and literature to inspire solutions and a deeper connection with nature, especially the sea. Our mission is to inspire more people to actively engage as well-informed and highly motivated constituents for conservation. Led by conservation pioneer and MacArthur fellow, Dr. Carl Safina, we show how nature, community, the economy and prospects for peace are all intertwined. Through Safina s books, essays, public speaking, PBS television series, our Fellows program and Sustainable Seafood program, we seek to inspire people to make better choices. The Safina Center was founded in 2003 by Dr. Carl Safina and was built on three decades of research, writing and policy work by Dr. Safina. The Safina Center s Sustainable Seafood Program The Center s founders created the first seafood guide in Our online seafood guide now encompasses over 160-wild-caught species. All peer-reviewed seafood reports are transparent, authoritative, easy to understand and use. Seafood ratings and full reports are available on our website under Seafood Choices. TSC s Sustainable Seafood Program helps consumers, retailers, chefs and health professionals discover the connection between human health, a healthy ocean, fishing and sustainable seafood. Our online guide to sustainable seafood is based on scientific ratings for more than 160 wildcaught seafood species and provides simple guidelines. Through our expanded partnership with the Monterey Bay Aquarium, our guide now includes seafood ratings from both The Safina Center and the Seafood Watch program. We partner with Whole Foods Market (WFM) to help educate their seafood suppliers and staff, and provide our scientific seafood ratings for WFM stores in the US and UK. Through our partnership with Chefs Collaborative, we created Green Chefs/Blue Ocean, a free, interactive, online sustainable seafood course for chefs and culinary professionals. Our website features tutorials, videos, blogs, links and discussions of the key issues such as mercury in seafood, bycatch, overfishing, etc. Check out our Fellows Program, learn more about our Sustainable Seafood Program and Carl Safina s current work at The Safina Center is a 501 (c) (3) nonprofit organization based in the School of Marine & Atmospheric Sciences at Stony Brook University, Long Island, NY. admin@safinacenter.org

4 4 About Seafood Watch Monterey Bay Aquarium s Seafood Watch program evaluates the ecological sustainability of wildcaught and farmed seafood commonly found in the United States marketplace. Seafood Watch defines sustainable seafood as originating from sources, whether wild-caught or farmed, which can maintain or increase production in the long-term without jeopardizing the structure or function of affected ecosystems. Seafood Watch makes its science-based recommendations available to the public in the form of regional pocket guides that can be downloaded from The program s goals are to raise awareness of important ocean conservation issues and empower seafood consumers and businesses to make choices for healthy oceans. Each sustainability recommendation on the regional pocket guides is supported by a Seafood Report. Each report synthesizes and analyzes the most current ecological, fisheries and ecosystem science on a species, then evaluates this information against the program s conservation ethic to arrive at a recommendation of Best Choices, Good Alternatives or Avoid. The detailed evaluation methodology is available upon request. In producing the Seafood Reports, Seafood Watch seeks out research published in academic, peer-reviewed journals whenever possible. Other sources of information include government technical publications, fishery management plans and supporting documents, and other scientific reviews of ecological sustainability. Seafood Watch Research Analysts also communicate regularly with ecologists, fisheries and aquaculture scientists, and members of industry and conservation organizations when evaluating fisheries and aquaculture practices. Capture fisheries and aquaculture practices are highly dynamic; as the scientific information on each species changes, Seafood Watch s sustainability recommendations and the underlying Seafood Reports will be updated to reflect these changes. Parties interested in capture fisheries, aquaculture practices and the sustainability of ocean ecosystems are welcome to use Seafood Reports in any way they find useful. For more information about Seafood Watch and Seafood Reports, please contact the Seafood Watch program at Monterey Bay Aquarium by calling

5 5 Guiding Principles The Safina Center and Seafood Watch define sustainable seafood as originating from sources, whether fished 1 or farmed, that can maintain or increase production in the long-term without jeopardizing the structure or function of affected ecosystems. Based on this principle, Seafood Watch and the Safina Center have developed four sustainability criteria for evaluating wild-catch fisheries for consumers and businesses. These criteria are: How does fishing affect the species under assessment? How does the fishing affect other, target and non-target species? How effective is the fishery s management? How does the fishing affect habitats and the stability of the ecosystem? Each criterion includes: Factors to evaluate and score Guidelines for integrating these factors to produce a numerical score and rating Once a rating has been assigned to each criterion, we develop an overall recommendation. Criteria ratings and the overall recommendation are color-coded to correspond to the categories on the Seafood Watch pocket guide and the Safina Center s online guide: Best Choice/Green: Are well managed and caught in ways that cause little harm to habitats or other wildlife. Good Alternative/Yellow: Buy, but be aware there are concerns with how they re caught. Avoid/Red: Take a pass on these for now. These items are overfished or caught in ways that harm other marine life or the environment. 1 Fish is used throughout this document to refer to finfish, shellfish and other invertebrates.

6 6 Summary This report assesses blackback flounder (Pseudopleuronectes americanus), also known as winter flounder, caught with bottom trawls in Canada s groundfish fishery in the Maritimes Region. The status of winter flounder in the Maritimes Region is unclear because no population assessment of winter flounder has been conducted. Scientific research surveys indicate that the abundance of the western sub-population (Division 4X) has fluctuated around the long-term abundance average since 2000, while the abundance of the eastern sub-population (Division 4VW) has been below the long-term abundance average. Nearly all fishing for winter flounder occurs in the western area (4X). The winter flounder bottom-trawl fishery also catches and retains Atlantic cod, haddock, and low amounts of other flatfish. Atlantic cod is considered endangered in the Maritimes Region, and fishing levels on this species are too high. In addition, the fishery may have some bycatch of skates and wolffish, both of which are species of concern. The fishery s overall effect on other species is of high concern. The Department of Fisheries and Oceans Canada (DFO) manages winter flounder and other groundfish species through limits on total allowable catch (TAC) and several other measures, but management results have been mixed. Bottom trawls cause moderate to high damage to the habitats where winter flounder live, and few measures are in place to mitigate the damage. Managers have made limited progress toward implementing an ecosystem-based management approach, but the winter flounder fishery is not expected to have large ecosystem effects. Overall, winter flounder caught in the Canadian Maritimes Region is rated Red/Avoid because the fishing method has negative effects on other ocean species and habitats.

7 7 Table of Conservation Concerns and Overall Recommendations Species / Fishery Blackback (Winter) flounder Maritimes North Atlantic - Trawl, Bottom Criterion 1 Impacts on the Species Under Assessment Criterion 2 Impacts on other Species Criterion 3 Management Effectiveness Criterion 4 Impacts on the Habitat and Ecosystem Overall Recommendation Yellow (2.64) Red (1.00) Yellow (3.00) Yellow (2.60) Red/Avoid (2.131) Scoring Guide Scores range from zero to five where zero indicates very poor performance and five indicates the fishing operations have no significant impact. Final Score=geometric mean of the four Scores (Criterion 1, Criterion 2, Criterion 3, Criterion 4). Best Choice/Green = Final Score >3.2, and no Red Criteria, and no Critical scores Good Alternative/Yellow = Final score > , and neither Harvest Strategy (Factor 3.1) nor Bycatch Management Strategy (Factor 3.2) are Very High Concern 1F2, and no more than one Red Criterion, and no Critical scores Avoid/Red = Final Score <=2.2, or either Harvest Strategy (Factor 3.1) or Bycatch Management Strategy (Factor 3.2) is Very High Concern or two or more Red Criteria, or one or more Critical scores. 2 Because effective management is an essential component of sustainable fisheries, Seafood Watch issues an Avoid recommendation for any fishery scored as a Very High Concern for either factor under Management (Criterion 3).

8 8 Introduction Scope of the analysis and ensuing recommendation This report focuses on blackback or winter flounder (Pseudopleuronectes americanus) caught with bottom trawls in Canada s groundfish fishery in the Maritimes Region. Bottom trawls account for > 99% of the winter flounder Maritimes catch. Winter flounder that is caught in other regions of Canada is primarily sold for bait, rather than for human consumption, so those fisheries are not covered in the assessment. Overview of the species and management bodies Winter flounder is a coastal flatfish found in the northwest Atlantic from southern Labrador, Canada, to Georgia in the United States. It lives in shallow waters (< 100 m) on soft or moderately hard bottom habitats (DFO 2005a). It often buries its whole body in the bottom sediments (Klein-MacPhee 2002) (Pereira et al. 1999). Winter flounder will move seasonally between offshore and inshore habitat depending on temperature and food availability (Pereira et al. 1999). Winter flounder is one of many species caught in the Canadian Maritimes groundfish fishery. The fishery is managed by the Department of Fisheries and Oceans (DFO) Canada. Winter flounder is managed as part of a flatfish species complex that includes American plaice, yellowtail flounder, and witch flounder. There are two flatfish management units in the Maritimes Region: a western component (Division 4X) and an eastern component (Division 4VW). In the western component, management recently changed to manage winter flounder with its own annual catch limit (1,600 MT) and bycatch allowances for other species. In the eastern component, there is an aggregate flatfish annual catch limit (1,000 MT), with a 10% winter flounder bycatch limit (DFO 2015e). Production Statistics Winter flounder catches are often combined with other flatfish species in the Maritimes Region, though in recent years there has been more of an effort to separate catches by species. Catches of all Maritimes flatfish species (winter flounder, American plaice, yellowtail flounder, and witch flounder) in the early 1990s were around 12,000 to 13,000 MT, but catches have since been declining. Since 2004, annual catches have hovered around 2,000 MT. In 2014, 1,964 MT of flatfish were landed (DFO 2015m). Most of the flatfish catch is taken in the western area (4X), with < 500 MT coming from the eastern area (4VW) (DFO 2015n) (DFO 2015b). In recent years, winter flounder has accounted for the majority of the flatfish catch, followed by witch flounder, American plaice, and yellowtail flounder. From 2007 to 2014, reported catches of winter flounder ranged from 800 to 1,600 MT. Unspecified flatfish catches ranged from 100 to 300 MT from , but have been < 100 MT since Nearly

9 9 all the winter flounder catch is reported to come from the western area (4X) (pers. comm., Mark Fowler, DFO 2016). Winter flounder is primarily caught with bottom trawls, though a small amount (<1%) may be caught as bycatch in bottom gillnet fisheries (not covered in this assessment) (DFO 2015b). Importance to the U.S./North American market The National Marine Fisheries Service reports imports and exports of all flounder species together. In 2013, the U.S. imported approximately 16,000 MT of flounder. The majority (62.5%) was imported from China (10,000 MT), followed by Canada (3,000 MT) and Argentina (1,500 MT). In 2014, the United States imported approximately 12,500 MT of flounder; again, the majority was imported from China (NMFS 2015a). There are no reported exports of flounders for these years. U.S. landings of all Atlantic flounders (summer, winter, witch, and yellowtail) totaled 11,350 MT in 2013 and 9,270 MT in Landings of winter flounder only were 2,750 MT in 2013 and 2,000 MT in Additionally, 35,000 MT and 50,000 MT of arrowtooth flounder were landed by the U.S. on the Pacific Coast in 2013 and 2014, respectively (NMFS 2015b). Common and market names Winter flounder is also known as blackback flounder. Primary product forms Winter flounder caught in the Maritimes is primarily sold as fresh and frozen blocks and fillets but can also be used for lobster bait.

10 10 Assessment This section assesses the sustainability of the fishery(s) relative to the Seafood Watch Criteria for Fisheries, available at Criterion 1: Impact on the Species Under Assessment This criterion evaluates the impact of fishing mortality on the species, given its current abundance. The inherent vulnerability to fishing rating influences how abundance is scored, when abundance is unknown. The final Criterion 1 score is determined by taking the geometric mean of the abundance and fishing mortality scores. The Criterion 1 rating is determined as follows: Score >3.2=Green or Low Concern Score >2.2 and <=3.2=Yellow or Moderate Concern Score <=2.2=Red or High Concern Rating is Critical if Factor 1.3 (Fishing Mortality) is Critical. Criterion 1 Summary BLACKBACK (WINTER) FLOUNDER Region / Method Maritimes North Atlantic Trawl, Bottom Factor 1.1 Inherent Vulnerability Low Factor 1.2 Abundance 3.00:Moderate Concern Factor 1.3 Fishing Mortality 2.33:Moderate Concern Criterion 1 Score Yellow (2.644) No population assessment of winter flounder has been conducted, but information on abundance trends is available from scientific research surveys. There are two winter flounder sub-populations in the Maritimes Region: a western sub-population (Division 4X) and an eastern sub-population (Division 4VW). But nearly all winter flounder fishing occurs in the western area. Overall, abundance and fishing mortality on winter flounder are of moderate concern.

11 11 Criterion 1 Assessment BLACKBACK (WINTER) FLOUNDER Factor Inherent Vulnerability Scoring Guidelines Low The FishBase vulnerability score for species is 0-35, OR species exhibits life history characteristics that make it resilient to fishing, (e.g., early maturing) Medium The FishBase vulnerability score for species is 36-55, OR species exhibits life history characteristics that make it neither particularly vulnerable nor resilient to fishing, (e.g., moderate age at sexual maturity (5-15 years), moderate maximum age (10-25 years), moderate maximum size, and middle of food chain). High The FishBase vulnerability score for species is , OR species exhibits life history characteristics that make is particularly vulnerable to fishing, (e.g., long-lived (>25 years), late maturing (>15 years), low reproduction rate, large body size, and top-predator). Note: The FishBase vulnerability scores is an index of the inherent vulnerability of marine fishes to fishing based on life history parameters: maximum length, age at first maturity, longevity, growth rate, natural mortality rate, fecundity, spatial behaviors (e.g., schooling, aggregating for breeding, or consistently returning to the same sites for feeding or reproduction) and geographic range. Low FishBase has assigned a low vulnerability score of 34 out of 100 to winter flounder (Froese and Pauly 2015). Winter flounder typically reaches sexual maturity at cm (8 12 in) in length and 2 4 years of age. Winter flounder spawns in winter and spring in shallow waters. Females can produce anywhere from 100,000 to over 3 million eggs. The eggs settle to the bottom and may be found on a variety of substrate types, including sand, mud, and gravel (Pereira et al. 1999). Winter flounder can grow to a maximum size of 64 cm (2 ft) and can live to 15+ years of age (Froese and Pauly 2015) (Pereira et al. 1999). Winter flounder is an opportunistic feeder and is a relatively high level predator within the food chain (Froese and Pauly 2015). It preys on mollusks, crustaceans, and fish eggs (DFO 2005a).

12 12 Factor Abundance Scoring Guidelines 5 (Very Low Concern) Strong evidence exists that the population is above target abundance level (e.g., biomass at maximum sustainable yield, BMSY) or near virgin biomass. 4 (Low Concern) Population may be below target abundance level, but it is considered not overfished 3 (Moderate Concern) Abundance level is unknown and the species has a low or medium inherent vulnerability to fishing. 2 (High Concern) Population is overfished, depleted, or a species of concern, OR abundance is unknown and the species has a high inherent vulnerability to fishing. 1 (Very High Concern) Population is listed as threatened or endangered. Moderate Concern No population assessment has been conducted for winter flounder in the Maritimes Region. But scientific research surveys have been conducted in this region since 1970 and provide information on abundance trends for winter flounder. Abundance information is provided in relation to the short-term average ( ), medium-term average ( ), and long-term survey average ( ) (DFO 2015a). The abundance index in the western region (4X), where most fishing for winter flounder occurs, was 2,673 MT in 2014, which is lower than the short-term (7,297 MT), medium-term (5,361 MT), and longterm (3,577 MT) averages. The abundance of winter flounder has fluctuated from year to year, but has shown an overall increasing trend since the 1980s and has remained above or around the long-term average since In 2014, abundance declined from the high 2012 and 2013 levels (DFO 2015a). In the eastern region (4VW) the abundance index was 431 MT in 2014, which is below the short-term (571 MT), medium term (535 MT), and long-term (892 MT) averages. Abundance of winter flounder in this region was low in the 1970s and early 1980s, high in the 1990s, then declined again in the early 2000s; it has remained below the long-term average since (DFO 2015a). Winter flounder caught in the survey range from 10 to 40 cm in length. In the western region, the lengths of winter flounder have remained varied and stable over time, while in the eastern region, the lengths of winter flounder are skewed toward smaller sizes relative to the long-term average (DFO 2015a). Winter flounder has a low vulnerability to fishing, the abundance relative to target abundance reference points is unknown, and abundance in the western area (where most fishing for winter flounder occurs)

13 13 appears stable, so we have awarded a moderate concern score. Rationale: Figure 1. Biomass index for winter flounder in the western area (4X) from the Maritimes summer research vessel survey, represented by the black line with solid circles. The dark blue line with the solid triangles indicates the longterm survey average ( ). The red line with the solid squares represents the medium-term 15-year average ( ). The green line with the crosses represents the short-term 5-year average ( ) (DFO 2015a), Figure 2. Biomass index for winter flounder in the eastern area (4VW) from the Maritimes summer research vessel survey, represented by the black line with solid circles. The dark blue line with the solid triangles indicates the longterm survey average ( ). The red line with the solid squares represents the medium-term 15-year average ( ). The green line with the crosses represents the short-term 5-year average ( ) (DFO 2015a).

14 14 Factor Fishing Mortality Scoring Guidelines 5 (Very Low Concern) Highly likely that fishing mortality is below a sustainable level (e.g., below fishing mortality at maximum sustainable yield, FMSY), OR fishery does not target species and its contribution to the mortality of species is negligible ( 5% of a sustainable level of fishing mortality) (Low Concern) Probable (>50%) chance that fishing mortality is at or below a sustainable level, but some uncertainty exists, OR fishery does not target species and does not adversely affect species, but its contribution to mortality is not negligible, OR fishing mortality is unknown, but the population is healthy and the species has a low susceptibility to the fishery (low chance of being caught) (Moderate Concern) Fishing mortality is fluctuating around sustainable levels, OR fishing mortality is unknown and species has a moderate-high susceptibility to the fishery and, if species is depleted, reasonable management is in place. 1 (High Concern) Overfishing is occurring, but management is in place to curtail overfishing, OR fishing mortality is unknown, species is depleted, and no management is in place. 0 (Critical) Overfishing is known to be occurring and no reasonable management is in place to curtail overfishing. Moderate Concern No population assessments have been conducted on winter flounder in the Maritimes Region, so fishing mortality on this species is unknown. Flatfish catches have often been combined, but in recent years more of an effort has been made to separate catches by species. From 2007 to 2014, total annual flatfish catches have ranged from 1,400 to 2,300 MT (DFO 2015m), while reported winter flounder catches have ranged from 800 to 1,600 MT. Over this period, unspecified flatfish catches ranged from 60 to 300 MT (pers. comm., Mark Fowler, DFO 2016). For the fishing season, a total allowable catch (TAC) limit of 1,600 MT has been set for winter flounder in the western area (4X) (previously, a catch limit was set for all flatfish combined). In the eastern area (4VW) a total allowable catch limit of 1,000 MT has been set for all flatfish combined, with a 10% bycatch limit ( 100 MT) for winter flounder (DFO 2015e). We have awarded a moderate concern score because fishing mortality on winter flounder is unknown but management measures to control fishing are in place.

15 15 Criterion 2: Impacts on Other Species All main retained and bycatch species in the fishery are evaluated in the same way as the species under assessment were evaluated in Criterion 1. Seafood Watch defines bycatch as all fisheries-related mortality or injury to species other than the retained catch. Examples include discards, endangered or threatened species catch, and ghost fishing. To determine the final Criterion 2 score, the score for the lowest scoring retained/bycatch species is multiplied by the discard rate score (ranges from 0-1), which evaluates the amount of non-retained catch (discards) and bait use relative to the retained catch. The Criterion 2 rating is determined as follows: Score >3.2=Green or Low Concern Score >2.2 and <=3.2=Yellow or Moderate Concern Score <=2.2=Red or High Concern Rating is Critical if Factor 2.3 (Fishing Mortality) is Critical. Criterion 2 Summary Only the lowest-scoring main species is/are listed in the table and text in this Criterion 2 section; a full list and assessment of the main species can be found in Appendix A. Blackback (Winter) flounder Region / Method Maritimes North Atlantic, Trawl, Bottom Factors Lowest Scoring of Other Species Lowest Species Subscore Factor 2.4 Discard Rate Modifying Score ((Discards+ Bait)/Retained Catch) Criterion 2 Score Atlantic Cod (<20%) Red (1.000) Main species considered under this criterion were determined from catch composition data ( ) for trips in which fishers identified targeting winter flounder or in which winter flounder made up the majority of the catch, as well as from limited at-sea observer studies. In the targeted winter flounder bottom trawl fishery, winter flounder accounts for about two-thirds of the total retained catch. The main other retained species are Atlantic cod and haddock, each making up about 11% of the catch. No other species made up more than 5% of the catch (pers. comm., Mark Fowler, DFO 2016). Catches of other flatfish (American plaice, yellowtail flounder, witch flounder) are reported to be low. However, because American plaice is considered threatened, it was included in the assessment. Yellowtail flounder is also included in the assessment because overall catches of yellowtail flounder are low, so the winter flounder fishery could still be a significant contributor to yellowtail flounder mortality. And, there is concern about the abundance of yellowtail flounder in the

16 16 western portion of the Maritimes. Other species of concern caught in low numbers and included in the assessment are winter skate and wolffish. Both skate and wolffish have been reported to be discarded in bottom trawl fisheries for groundfish (MSC 2010) (Gavaris et al. 2010). Dogfish is also a common discard in bottom trawl fisheries for groundfish, but dogfish is not considered a species of concern, so it was not included in the assessment. Because the winter flounder fishery in the Maritimes primarily occurs on the western Scotian Shelf (Division 4X), ratings for the above species are based on their status in this area. The lowestscoring species is Atlantic cod, because it is considered endangered and fishing levels on cod remain too high. Criterion 2 Assessment ATLANTIC COD Factor Inherent Vulnerability Scoring Guidelines (same as Factor 1.1 above) High FishBase has assigned a high vulnerability score of 67 out of 100 to Atlantic cod (Froese and Pauly 2015). Atlantic cod reaches sexual maturity between 45 and 60 cm in size and between 5 and 8 years of age. Atlantic cod can grow to 180 cm in length and live to 20+ years of age. Atlantic cod is a prolific spawner; females can produce several million eggs at a time (DFO 2013c). Atlantic cod is a high level predator within the food chain (Froese and Pauly 2015). Factor Abundance Scoring Guidelines (same as Factor 1.2 above) Very High Concern In 2003, the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) determined that the Atlantic cod population in the Maritimes Region was a species of special concern. In 2010, Atlantic cod was re-assessed and the Maritimes Region was split into two populations, the Laurentian South population and the Southern population. Both populations were considered endangered due to a decline in abundance and an increase in natural mortality (COSEWIC 2010). We have therefore rated

17 17 this factor very high concern. Rationale: The Laurentian South cod population comprises three management units: resident population (4Vn), southern Gulf of St. Lawrence (4TVn), and eastern Scotian Shelf (4VsW). The population of resident cod has been recovering but cod abundance is still at only 25% (2,250 MT) of the limit abundance reference point (8,400 MT) (DFO 2011a). According to the 2011 population assessment, the southern Gulf of St. Lawrence population was at its lowest abundance on record (61 years) and was still declining. The abundance of sexually mature cod ( average) was 37% of the mid- to late 1990s average and 10% of the mid 1980s average. The estimated abundance was 39,500 MT, which is well below the limit abundance reference point of 80,000 MT. The abundance of cod in the eastern Scotian Shelf has increased rapidly in recent years: it was above the limit reference point (50,000 MT) and approaching the long-term average of 75,000 MT in But since 2009, the population has again declined (DFO 2015a). The Southern population comprises two management units: western Scotian Shelf and Bay of Fundy (4X and 5Y), and eastern Georges Bank (5Z). The abundance of this cod population has declined since the early 1990s. Cod abundance in the western Scotian Shelf/Bay of Fundy has been below the limit abundance level of 24,000 MT since In 2010, cod abundance was estimated at 10,600 MT (DFO 2011b), and a recent update indicates that abundance has continued to remain at a very low level since 2010 (DFO 2015k). Factor Fishing Mortality Scoring Guidelines (same as Factor 1.3 above) High Concern In the eastern Scotian Shelf (4VsW), directed fishing for Atlantic cod was closed in Atlantic cod is only allowed to be taken as bycatch, and fishing mortality rates are now very low. Several management measures have been put in place to protect Atlantic cod. But natural mortality on Atlantic cod is very high in this area. The population is expected to decline and then stabilize at a low level, even with no fishing. Fishing mortality rates on the resident Atlantic cod population (4Vn) are also only due to bycatch, and those levels are low. Current fishery removals of Atlantic cod in Divisions 4VW are not expected to impede the survival or recovery of this species (DFO 2011a). Fishing mortality rates on cod in the southern Scotian Shelf and Bay of Fundy (4X5Y) have been greatly reduced from the very high fishing levels in the early 1990s. But fishing mortality has continued to remain above the target fishing level (DFO 2011b) (DFO 2015k). In 2011, as a result of scientific advice,

18 18 managers reduced the total allowable catch for cod by 45% to 1,650 MT, a level that was expected to allow for rebuilding. Yet a recent assessment update indicates that this has not occurred and that the cod population continues to remain in very poor shape. It has been recommended that catches be reduced to the lowest possible level (DFO 2015k). The new total allowable catch for cod is 1,650 MT over 2 years (DFO 2015e). Although managers have taken actions to reduce fishing mortality on cod, fishing levels remain above a level that would allow for the cod population to rebuild, so we have awarded a high concern score. ALL SPECIES Factor 2.4 Modifying Factor: Discards and Bait Use Scoring Guidelines The discard rate is the sum of all dead discards (i.e. non-retained catch) plus bait use divided by the total retained catch. Ratio of bait + discards/landings Factor 2.4 score <20% % % % % 0.8 >100% 0.75 < 20% When fishing for groundfish, all groundfish species must be retained, with a few exceptions. Sculpin, spiny dogfish, and skates are allowed to be discarded. Atlantic halibut less than 81 cm must be discarded (DFO 2016). Atlantic halibut have a high post-release survival rate (Neilson et al. 1989). Nongroundfish species reported to be discarded in the bottom trawl groundfish fisheries include wolffish, sharks, and lobster (Gavaris et al. 2010) (MSC 2010) (DFO 2015o). There is limited information on discards in the Maritimes groundfish trawl fishery. Fishers reported that discards relative to retained catches are low (DFO 2015o). Limited at-sea observer data also indicate that discards in the bottom trawl fishery are low. From 2002 to 2006, at-sea observers sampled 5% 17% of the Maritimes groundfish bottom trawl fishery, though most sampling occurred in the Georges Bank

19 19 area, not on the Scotian Shelf. In 2006, 17% of the catch was sampled and an estimated 1,410 MT of fish were discarded while 16,359 MT of fish were landed, corresponding to a discard to landings ratio of 8.6% (Gavaris et al. 2010). We have therefore awarded a score of <20%.

20 20 Criterion 3: Management Effectiveness Management is separated into management of retained species (harvest strategy) and management of non-retained species (bycatch strategy). The final score for this criterion is the geometric mean of the two scores. The Criterion 3 rating is determined as follows: Score >3.2=Green or Low Concern Score >2.2 and <=3.2=Yellow or Moderate Concern Score <=2.2 or either the Harvest Strategy (Factor 3.1) or Bycatch Management Strategy (Factor 3.2) is Very High Concern = Red or High Concern Rating is Critical if either or both of Harvest Strategy (Factor 3.1) and Bycatch Management Strategy (Factor 3.2) ratings are Critical. Criterion 3 Summary Region / Method Maritimes North Atlantic Trawl, Bottom Factor 3.1 Harvest Strategy 3.00: Moderate Concern Factor 3.2 Bycatch Strategy 3.00: Moderate Concern Criterion 3 Score Yellow (3.000) Criterion 3 Assessment Factor 3.1: Harvest Strategy Scoring Guidelines Seven subfactors are evaluated: Management Strategy, Recovery of Species of Concern, Scientific Research/Monitoring, Following of Scientific Advice, Enforcement of Regulations, Management Track Record, and Inclusion of Stakeholders. Each is rated as ineffective, moderately effective, or highly effective. 5 (Very Low Concern) Rated as highly effective for all seven subfactors considered. 4 (Low Concern) Management Strategy and Recovery of Species of Concern rated highly effective and all other subfactors rated at least moderately effective. 3 (Moderate Concern) All subfactors rated at least moderately effective. 2 (High Concern) At minimum, meets standards for moderately effective for Management Strategy and Recovery of Species of Concern, but at least one other subfactor rated ineffective.

21 21 1 (Very High Concern) Management exists, but Management Strategy and/or Recovery of Species of Concern rated ineffective. 0 (Critical) No management exists when there is a clear need for management (i.e., fishery catches threatened, endangered, or high concern species), OR there is a high level of Illegal, unregulated, and unreported fishing occurring. Factor 3.1 Summary Factor 3.1: Management of fishing impacts on retained species Record of Management Recovery Scientific Region / Following Strategy and of Species Research & Method Scientific Impl. of Concern Monitoring Advice Maritimes North Atlantic Trawl, Bottom Moderately Effective Moderately Effective Moderately Moderately Effective Effective Enforcement of Regs. Highly Effective Track Record Moderately Effective Stakeholder Inclusion Moderately Effective Factor 3.1 Score 3.00: Moderate Concern Subfactor Management Strategy and Implementation Considerations: What type of management measures are in place? Are there appropriate management goals, and is there evidence that management goals are being met? To achieve a highly effective rating, there must be appropriate management goals, and evidence that the measures in place have been successful at maintaining/rebuilding species. Moderately Effective Winter flounder is one of many species caught in the Canadian Maritimes mixed-species groundfish fishery. The fishery is managed by the Department of Fisheries and Oceans Canada (DFO). General regulations for this fishery include catch limits, gear restrictions, reporting requirements, catch verification, area and seasonal closures, and bycatch protocols (DFO 2015e). Since 1994, winter flounder has been managed as part of the flatfish species complex, which includes American plaice, yellowtail flounder, and witch flounder. There are two flatfish management units in the Maritimes Region: a western component (Division 4X) and an eastern component (Division 4WV). Separate total allowable catch limits (TAC) are set for each management unit. This division is considered to likely be appropriate for winter flounder, while its appropriateness for the other flatfish species remains uncertain (DFO 1997a) (DFO 1997b). But nearly all fishing for winter flounder occurs in the western area (4X). The western area previously had a combined flatfish catch limit of 2,000 MT. For the season, a catch limit of 1,600 MT has been set for winter flounder only, and there is now a 10%

22 22 bycatch limit each for American plaice and yellowtail flounder and a 20% bycatch limit for witch flounder. In the eastern area, there is a combined flatfish catch limit of 1,000 MT, with a 500 MT catch cap for American plaice and a 10% bycatch limit for winter flounder for the season (DFO 2015e). In the past, it has been reported that the established catch limits have not really limited the catch of flatfish species, because the limits have never been attained and have been aggregate catch limits rather than species-specific (DFO 1997c) (DFO 2000) (DFO 2002a). Management regulations are also in place for cod and haddock, which are retained in this fishery. In the eastern region, cod and haddock are only permitted to be caught as bycatch (DFO 2015e). There is a 5% daily bycatch allowance for each of these species and a 2% overall cap when fishing for flatfish, redfish, or pollock. (DFO 2015b). In the western region, there is a catch limit of 5,100 MT for haddock and a catch limit of 1,650 MT for cod over a 2-year period (DFO 2015e). Though several management regulations are in place, management effectiveness has been mixed. Some populations (e.g., American plaice, Atlantic cod) have not been maintained at adequate levels. Additionally, no abundance or fishing targets have been defined for winter flounder, and it remains unclear if the established catch limits are appropriate. For these reasons, we have awarded a moderately effective score. Subfactor Recovery of Species of Concern Considerations: When needed, are recovery strategies/management measures in place to rebuild overfished/threatened/ endangered species or to limit fishery s impact on these species and what is their likelihood of success? To achieve a rating of Highly Effective, rebuilding strategies that have a high likelihood of success in an appropriate timeframe must be in place when needed, as well as measures to minimize mortality for any overfished/threatened/endangered species. Moderately Effective There is concern about the status of some species caught in this fishery. The Committee of the Status of Endangered Wildlife in Canada (COSEWIC) has classified Atlantic cod as endangered and American plaice as threatened. The Committee on the Status of Endangered Wildlife in Canada consists of an independent body of scientific advisors who perform species assessments and recommend species for listing under Canada s Species at Risk Act. The Act was established in 2003 to conserve, protect, and help recover threatened and endangered species. Once a species is listed, recovery strategies and action plans must be created (Waples et al. 2013). Unfortunately, the Canadian government does not always follow the recommendations of COSEWIC and often chooses not to list fish species under the Act because of socioeconomic concerns (Waples et al. 2013). Neither Atlantic cod nor American plaice has

23 23 yet to be listed under the Act. But the Department of Fisheries and Oceans Canada (DFO) has conducted recovery potential assessments for Atlantic cod and American plaice, and managers have implemented measures to limit fishing on these species (DFO 2015e) (DFO 2011a) (DFO 2011b) (DFO 2011c) (DFO 2012c). Still, fishing remains a threat to the recovery of these species, and more precautionary measures may be needed. We have therefore awarded a moderately effective score. Subfactor Scientific Research and Monitoring Considerations: How much and what types of data are collected to evaluate the health of the population and the fishery s impact on the species? To achieve a Highly Effective rating, population assessments must be conducted regularly and they must be robust enough to reliably determine the population status. Moderately Effective The Department of Fisheries and Oceans (DFO) monitors and collects information on the groundfish fisheries through the At-sea Observer Program (although observer coverage has been very low), the Dockside Monitoring Program (DMP), and Vessel Monitoring Systems (VMS) (DFO 2011b) (DFO 2012d) (DFO 2013e). Fishers are also required to fill out logbooks to record information about their catch and fishing effort (DFO 2012e). In the past, catches of flatfish species have often been combined, but fishers are now required to report catches by species. The Department of Fisheries and Oceans Canada (DFO) has conducted scientific research surveys in the Maritimes Region since 1970 to evaluate the abundance of groundfish species. Trends in abundance, biomass, and size of groundfish (Atlantic cod, haddock, white hake, silver hake, pollock, redfish, Atlantic halibut, and flatfish; smooth, thorny, barndoor, winter, and little skate; Atlantic wolffish, monkfish, and longhorn sculpin) are determined through these surveys (DFO 2015a). The information collected in these surveys is used for management recommendations. But no formal assessments have been conducted for winter flounder. Population assessments have been conducted for American plaice, Atlantic cod, and haddock. Although fishery and abundance data are collected, management of winter flounder has been hindered by the lack of formal population assessments and the failure to collect species-specific data. We have therefore awarded only a moderately effective score.

24 24 Subfactor Management Record of Following Scientific Advice Considerations: How often (always, sometimes, rarely) do managers of the fishery follow scientific recommendations/advice (e.g. do they set catch limits at recommended levels)? A Highly Effective rating is given if managers nearly always follow scientific advice. Moderately Effective The Canadian Science Advisory Secretariat provides scientific advice to the Department of Fisheries and Oceans Canada. For winter flounder and other flatfish species, scientific advice is based on the results of fish abundance surveys. Scientists use the information from these surveys to provide management recommendations and to determine which populations need review in upcoming years (DFO 2002b) (DFO 2015a). With the exception of American plaice, there have been no published assessments for flatfish species in recent years. But in past assessments of flatfish species, scientists advised managers to identify flatfish catches to the species level and to set species-specific catch limits rather than aggregate catch limits (DFO 1997a) (DFO 1997b) (DFO 1997c). Only recently have managers made some effort to do this (DFO 2015e). Since 2013, all groundfish license holders have been required to separate flounders by species. Although it has taken time for fishers to comply with this requirement, by 2015 almost all flounders were reported by species, and compliance is expected to improve. Some species-specific catch limits were established for the first time for the fishing season (DFO 2015e). We have awarded a moderately effective score. Subfactor Enforcement of Management Regulations Considerations: Do fishermen comply with regulations, and how is this monitored? To achieve a Highly Effective rating, there must be regular enforcement of regulations and verification of compliance. Highly Effective In Canada, the Department of Fisheries and Oceans Canada (DFO) is in charge of enforcing fisheries management regulations in place. The DFO fisheries officers monitor fishing activity through land patrol, at-sea inspections, and air surveillance (DFO 2013b). DFO also uses vessel monitoring systems (VMS), video monitoring, radar, and satellite monitoring to identify illegal fishing (DFO 2013b). The Maritimes Region has about 140 enforcement officers, about 40% of whom are dedicated to enforcing regulations in the groundfish fishery (MSC 2010). The DFO also relies on education and other awareness activities to improve compliance with fisheries laws, and it encourages the general public to report violations (MSC

25 )(DFO 2013b). Because regulations are regularly enforced and there are no known compliance issues, we have awarded a highly effective score. Subfactor Management Track Record Considerations: Does management have a history of successfully maintaining populations at sustainable levels or a history of failing to maintain populations at sustainable levels? A Highly Effective rating is given if measures enacted by management have been shown to result in the long-term maintenance of species overtime. Moderately Effective Management measures in place for flatfish and other groundfish have had mixed results in the longterm maintenance of populations (DFO 2015a). Species such as American plaice and Atlantic cod continue to remain depleted (DFO 2011a) (DFO 2011b) (DFO 2011c). Additionally, the status of winter flounder and other flounders remains uncertain because there have been no formal population assessments. We have awarded a moderately effective score. Subfactor Stakeholder Inclusion Considerations: Are stakeholders involved/included in the decision-making process? Stakeholders are individuals/groups/organizations that have an interest in the fishery or that may be affected by the management of the fishery (e.g., fishermen, conservation groups, etc.). A Highly Effective rating is given if the management process is transparent and includes stakeholder input. Moderately Effective The Department of Fisheries and Oceans Canada (DFO) provides opportunities for stakeholders to be involved in the management process. DFO works with a diverse range of stakeholder groups and individuals including local communities, fishery biologists, enforcement personnel, international organizations, aboriginal groups with fishing and resource rights, commercial aquaculture and wild fishery organizations, companies, and provincial counterparts with shared resource management responsibilities. Stakeholder involvement is established through regular consultation with interested parties and through public meetings (DFO 2008) (MSC 2010). But it is unclear how the opinions of

26 26 stakeholders are used in the decision-making process, so we have awarded only a moderately effective score. Factor 3.2: Bycatch Strategy Scoring Guidelines Four subfactors are evaluated: Management Strategy and Implementation, Scientific Research and Monitoring, Record of Following Scientific Advice, and Enforcement of Regulations. Each is rated as ineffective, moderately effective, or highly effective. Unless reason exists to rate Scientific Research and Monitoring, Record of Following Scientific Advice, and Enforcement of Regulations differently, these ratings are the same as in (Very Low Concern) Rated as highly effective for all four subfactors considered. 4 (Low Concern) Management Strategy rated highly effective and all other subfactors rated at least moderately effective. 3 (Moderate Concern) All subfactors rates at least moderately effective. 2 (High Concern) At minimum, meets standards for moderately effective for Management Strategy but some other factors rated ineffective. 1 (Very High Concern) Management exists, but Management Strategy rated ineffective. 0 (Critical) No bycatch management even when overfished, depleted, endangered or threatened species are known to be regular components of bycatch and are substantially impacted by the fishery. Factor 3.2 Summary Region / Method Maritimes North Atlantic, Trawl, Bottom All Kept No Management Strategy and Impl. Moderately Effective Scientific Research & Monitoring Moderately Effective Record of Following Scientific Advice Moderately Effective Enforcement of Regs. Highly Effective Factor 3.2 Score 3.00: Moderate Concern

27 27 Subfactor Management Strategy and Implementation Considerations: What type of management strategy/measures are in place to reduce the impacts of the fishery on bycatch species and how successful are these management measures? To achieve a Highly Effective rating, the primary bycatch species must be known and there must be clear goals and measures in place to minimize the impacts on bycatch species (e.g., catch limits, use of proven mitigation measures, etc.). Moderately Effective Several management strategies are in place to reduce the impacts on bycatch species. Fishers participating in the Canadian groundfish fishery are required to retain all groundfish, with the exception of dogfish, sculpin, skate, and some undersized fish (DFO 2016). Additionally, if a fishing fleet s catch of undersize fish exceeds 15% of the catch, a temporary closure is put into place (DFO 2013d). Conservation Harvesting Plans designate the total bycatch of species that can be taken on each trip as a percentage of the total catch (DFO 2015e). Species that are listed as Threatened or Endangered under Canada s Species at Risk Act (e.g., wolffish) are to be released immediately, and recovery strategies must be developed for these species (Kulka et al. 2007). Some gear modifications have also been tested and introduced to Canadian fisheries (Fuller et al. 2008). Despite these various management strategies, there is not enough data available to know how effective these strategies are. We have therefore awarded a moderately effective score. Subfactor Scientific Research and Monitoring Considerations: Is bycatch in the fishery recorded/documented and is there adequate monitoring of bycatch to measure fishery s impact on bycatch species? To achieve a Highly Effective rating, assessments must be conducted to determine the impact of the fishery on species of concern, and an adequate bycatch data collection program must be in place to ensure bycatch management goals are being met. Moderately Effective Canada has an At-Sea Observer Program in place, which puts certified private-sector observers aboard fishing vessels to collect catch information, including information on bycatch and discards. But coverage rates for most fisheries are too low and intermittent to have a high degree of confidence in the bycatch/discard data collected. Observer coverage rates in the groundfish fisheries in Division 4X and 4VW have ranged from 0% 3% (Gavaris et al. 2010) (DFO 2011b). Observer coverage rates for the groundfish fisheries in nearby Georges Bank are higher (8% 33%). Advice on the adequate percentage