tegrated Management Plan EEL Canada Newfoundland and Labrador Nfld. (NAFA Divisions 2J3KLP4

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In klafc Library F--isheries and Oceans Canada PO Box 5667 A1(7 cy1 St.,L tegrated Management Plan Newfoundland and Labrador L 11 b ary III MPO II I I Bibliotheque I II 08015273 ve rrun eat offishe, es44.0 i'vov 20/999 EEL (NAFA Divisions 2J3KLP4 Nfld. J SH 351 E4 C3 1999/03 Fisheries Management Branch Newfoundland Region P.O. Box 5667 St. John's Al C 5X1 Fisheries POches and Oceans et Oceans Canada

NAFC Library Fisheries and Oceans Canada PO Box 5667 St. John's, NL A1C 5X1 1999-2003 INTEGRATED EEL MANAGEMENT PLAN for NEWFOUNDLAND and LABRADOR (NAFO DIVISIONS 2J3KLP4R) DEPARTMENT OF FISHERIES AND OCEANS NEWFOUNDLAND REGION

TABLE OF CONTENTS I. Overview of the Fishery Page 1 (a) Historical Overview (b) Participants (c) Location of Fishery (d) Time-frame of Fishery (e) Landings and Value (f) Consultative process (9) Management Style 2. Stock Status Page 4 (a) Prospects for 1999 (b) Environment and Habitat (c) Species Interactions (d) Research 3. Long Term Objectives of the Fishery Page 5 (a) (b) Management Objectives Aboriginal Fisheries 4. Current Management Issues Page 6 (a) (b) (c) (d) (e) By-catch Avoidance Elver Fishery Licence/Gear Over-capacity Response to Low Water Conditions Early Season Opening 5. Management Measures for 1999 Page 8 (a) Licencing (c) Coastal Waters (e) Gear Reduction Program (g) Deployment of Fyke Nets (i) Eel Licence Conditions (b) (d) (f) (h) Inland Waters Recreational Seasons Experimental Elver Fishery 6. CONSERVATION AND PROTECTION ISSUES AND STRATEGIES...Page 13

1999-2003 INTEGRATED EEL MANAGEMENT PLAN (2J3KLP4R) I. OVERVIEW OF THE FISHERY a) Historical Overview: Indications of an eel fishery in Newfoundland date back to the early 1900's. Although eel exports were reported as early as 1930, it wasn't until 1961 that the first official statistics on eel landings were recorded. The following year, 1962, witnessed the first attempt by an established fish products company to organize a commercial eel fishery in Newfoundland. The company, Bonavista Cold Storage, set up operations with local fishers around the Avalon Peninsula for the harvest of yellow eels using baited pot gear. Landings fluctuated dramatically, peaking at about 36 tonnes in the second year of operation, then falling to only 3 tonnes in 1965 whereupon the project was terminated. There are no recorded eel landings for the period from 1966 to 1970. In 1971 a yellow eel fishery emerged on the Southwest coast. Again, annual landings fluctuated, peaking at 80 tonnes in 1972 and then dropping to 7 tonnes by 1975. River surveys carried out by various government agencies in the 1970's revealed a wide distribution of eels throughout the Island's freshwater systems and in some parts of Southern Labrador. In 1979 the Provincial Department of Fisheries initiated a development program to assess the viability of the fishery and stimulate interest by providing fishing gear and technical advice to fishers. As a result of these efforts, annual landings of over 80 tonnes were reported for the first time in 1980. In an attempt to reduce the historic "boom-bust" nature of the yellow eel fishery, development initiatives were refocused toward the harvesting of silver (mature) eels in 1982. These initiatives, in addition to significant price increases for eels, are believed to be responsible for the historically high landings experienced from the late 1980's to the mid-1990's. b) Participants: In 1998 there were a total of 316 commercial eel and exploratory fishing licences issued for the Newfoundland Region. The nine exploratory fishing licences were issued for areas of the Region where there was no fishing effort present but where the possibility existed to develop a viable fishery. Another sixty-seven recreational licences, located on the West Coast (4R), were renewed in recognition of the historical attachment to an eel food fishery.

2 c) Location of Fishery: For the most part, fishing effort is distributed throughout the Province with a large number of commercial licences concentrated in the southwest and northeast coasts of Newfoundland. Most licences are eligible for activity on inland and coastal waters. Some isolated portions of the Region, such as the south coast of Newfoundland and southern Labrador, have little activity. Harvesting of the sexually mature (& generally higher value) "silver" eels normally occurs on the outer reaches of river systems during late summer and autumn when eels leave freshwater for their spawning run to the Sargasso Sea. Silver eels are captured almost exclusively by fyke nets. The sexually immature "yellow" eel, by comparison, can be taken in the headwaters and inner reaches of river systems, in ponds and also in estuarine areas. Yellow eels are harvested most often using baited pots. d) Time-frame of Fishery: Fishing seasons are generally defined by gear type and area of activity. The use of spears is restricted to the winter months from November 1 to March 31. In 1998, the season for the catching of eels with fyke nets in inland waters was August 11 to October 31. The season for eel pots was July 1 to October 31 for inland waters and June 1 to October 31 for coastal waters. Fishing normally occurs throughout the defined seasons. e) Landings & Value: Approximately 68.8 tonnes of eels were landed in 1998. The average landed price per kilogram was $5.76 resulting in an annual value of almost $400,000 for the fishery. By comparison, the previous year's (1997) landings were 71.7 tonnes with a price per kilogram of $6.21 resulting in a value of $445,000. The best year for landings in the history of the Newfoundland eel fishery and near best for total economic value was in 1990 when 146.6 tonnes of eels were harvested and sold at an average price of $3.82 per kilogram. The value of the fishery for that year exceeded $560,000. The following table provides a summary of landings and value for the years 1978 to 1998 inclusive.

3 Table - Landings & Value Year Landings (kgs) Value ($) Ave. $CD / kg 1978 15,637 10,329 0.66 1979 23,397 19,334 0.83 1980 82,206 84,750 1.03 1981 41,496 43,119 1.04 1982 36,677 46,969 1.28 1983 27,990 36,391 1.30 1984 13,965 20,214 1.45 1985 24,958 29,226 1.17 1986 26,580 52,029 1.96 1987 30,596 105,123 3.44 1988 60,823 219,263 3.60 1989 83,539 307,989 3.69 1990 146,577 560,471 3.82 1991 133,932 564,072 4.21 1992 89,851 390,211 4.34 1993 116,062 484,770 4.18 1994 110,903 468,852 4.23 1995 85,419 423,903 4.96 1996 67,181 426,876 6.35 1997 71,727 445,564 6.21 1998* 68,800 395,733 5.76 *1998 Figures are preliminary. All years include NAFO Division 4R. f) Consultative Process: Prior to 1996 no formal advisory process was in place to obtain the comments and recommendations of stakeholders in the fishery. Input into the management process was achieved through an ad-hoc eel working group made up of a small number of representatives from the Provincial Department of Fisheries, the Fisher's Union and the Federal Department of Fisheries and Oceans (DFO). In 1994 and 1995 the Industry Development Division of DFO sponsored workshops with eel fishers and salmonid conservation groups to review and formulate

4 solutions to the salmonid by-catch problem identified in the eel fishery. Although the focus of these workshops was on by-catch issues, discussions on other eel management measures also took place. On May 2, 1996 the first formal eel advisory meeting convened. Twelve commercially licenced eel fishers from each of the four main management areas in the Region were invited to the session, as were representatives from the processing sector, fishers unions, salmonid conservation groups, Provincial Fisheries and other interested parties. On March 31, 1999 a meeting of the Eel Advisory Committee was held at the Albatross Hotel in Gander. A total of 22 participants were in attendance from industry and government agencies. The main focus of the meeting was to discuss management issues relating to the development of the 1999 Eel Management Plan. g) Management Style: The management style employed in the eel fishery is one based on limiting catch through effort controls, by restricting the number of licences in the fishery, the amount of gear used and the length of the fishing season. Due to the lack of scientific information on the population dynamics and recruitment characteristics of eels in the Newfoundland Region and because of the panmictic nature of the species (American eels found along the east coast of North America come from a single spawning stock), a total allowable catch (TAC) strategy cannot be used. 2. STOCK STATUS a) Prospects for 1999: The American eel is a catadromous fish, it spawns at sea and rears to maturity in freshwater. There has been no demonstrated homing ability of elvers to rivers and their migration at present is considered to be a random process, driven by variable ocean currents. It is not possible therefore to determine river-specific stock-recruitment relationships. There is no information on sustainable harvests and stock size for Newfoundland rivers, or on natural mortality rates of elvers, inter-annual mortality rates of yellow eels, and current exploitation rates of yellow eels. Therefore, a cautious approach should be taken to expanding fishing effort for yellow eels and the introduction of elver fisheries. Exploitation of both these life stages on the same river should be discouraged. b) Environment and Habitat: Severe oceanic conditions in the Newfoundland area in recent years may have impacted negatively on glass eels and elvers migrating to Newfoundland rivers. There are no apparent habitat issues in freshwater for this species at present.

c) Species Interactions: There is only rudimentary information on the interactions of American eels with other species in the marine and freshwater environments. Eels at all life stages are prey for other species but their importance to any one predatory species is unknown. In freshwater, eels primarily feed on invertebrates such as insect larvae and crustacea, but small forage fishes may also be taken by larger eels. Predation by larger eels on young salmonids and salmonid eggs is known to occur, although eels and salmonids are somewhat separated by differences in habitat preference. Eels prefer waters that are warmer and of slower velocity than do salmonids. d) Research: There is no directed research scheduled for this species in 1999. However, experimental licences have been issued to Ocean Treasures Inc. to conduct research on elvers in rivers on the Burin Peninsula and the South Coast and to North Atlantic Aquaponics Ltd. Of Robinsons. 3. LONG-TERM OBJECTIVES OF THE FISHERY The long-term objectives of the Newfoundland and Labrador eel fishery is to achieve biological sustainability and improve economic viability. a) Management Objectives The management objectives of the eel fishery are: i) To conserve and protect the eel resource. ii) To promote the orderly development of the eel fishery. iii) To minimize the incidental catch of salmonids. b) Aboriginal: In accordance with the "Commercial Fisheries Licencing Policy for Eastern Canada" and the "Aboriginal Fisheries Strategy", special consideration will be given to Aboriginal individuals or organizations for access to commercial fisheries for economic development purposes. Under the authority of an aboriginal communal fishing licence, the Newfoundland Mic Mac Indian Band of the Conne River Reserve are permitted to harvest eels in the waters of Bay D' Espoir located on the south coast of Newfoundland. Eels

6 can be taken using spears, for food, social and ceremonial purposes. The sale, trade or barter of eels taken under the aboriginal communal fishing licence is prohibited. 4. CURRENT MANAGEMENT ISSUES a) By-catch Avoidance: It is generally acknowledged by industry that in some situations significant bycatches of salmonids have occurred in the eel fyke net fishery. Starting in 1995, a three year program was implemented to phase in the mandatory use of bycatch exclusion devices on all fyke nets employed in the fishery. A by-catch exclusion device is a net attachment or net alteration that would permit the separation and escapement of by-catch in such a manner as to minimize the mortality on these species. A number of by-catch exclusion device designs have been tested by DFO and were found to be effective. However, the effectiveness of a particular design can vary depending on the type of river fished and environmental conditions encountered. Fishers are encouraged to evaluate the different designs available and determine, with design modifications where appropriate, what might be most suitable for their particular fishery situation. Some stakeholders feel that other options should be considered for limiting by-catch, such as restricting the length and height of wings and leaders in gear, and regulating the mesh size in wings/leaders. b) Elver Fishery: Recent interest has been expressed for the introduction of an exploratory elver (baby eel) fishery in the Newfoundland Region. These requests partly stem from exploratory elver fishery operations in Nova Scotia and New Brunswick that have evolved over the past six years. Results from this new fishery and from a DFO study conducted in Nova Scotia suggest that an elver fishery can be very lucrative for some fishers and may provide a greater economic return in comparison to a yellow or silver eel harvest. The long term effects of an elver fishery on recruitment and biological sustainability are unknown. As well, the large volume of elvers needed for a suitable catch (5,000 to 6,000 individuals per kilogram) would suggest that a very cautious approach must be taken in exploiting this stage of the species life cycle. The general consensus among resource users is that only a very few exploratory licences should be issued to evaluate potential and determine resource impacts.

7 It was further recommended that elver licences only be issued to existing eel fishers and only for rivers / systems not presently fished or where the proponent is the only licence holder on the river (to avoid interference with other licenced operators). As a precautionary measure, the proponent should be limited to harvesting elvers only (and not yellow / silver eels) in the river of experimentation. Based on the recommended criteria, seven exploratory elver licences were issued in Newfoundland for 1998. c) Licence/Gear Over-capacity: It is acknowledged that there is an over-capacity of licenced fishers and gear in some areas of the Region, and on some rivers, which is viewed as counter to conservation and the viability of the fishery. A means has to be found to reduce or transfer excess effort. However, options are limited in that most of the Island is currently utilized and fishers are reluctant to reduce the amount of gear they have historically been licenced for. The current policy of limited access and non-transferability of licences should work toward a positive rationization of gear and participants in the fishery. Attention will also be focused toward consultations with local fishers to develop and implement appropriate remedies to the problem. d) Response To Low Water Conditions On an annual basis the issue of requiring eel fishers to remove their fyke nets during low water conditions resulting from the closure of scheduled rivers often caused major difficulty for eel fishers. Fishermen advise that this problem occurs in trying to re-set the gear after a heavy rainfall. Fishers indicated they could lose the majority of the run by having the gear removed. A consensus was reached at the March 31 Advisory Meeting that fishers could keep their fyke nets in the water when the river is closed to angling as a result of low water conditions. However they must remove the bag at the end of the net to allow for free escapement of salmonids. e) Early Season Opening: Depending on rain fall occurrences and the timing of the "black moon", fishers have found that a significant portion of a river's silver eel run can occur prior to the standard August 15 opening date for fyke nets. An earlier opening of a few days, encompassing the black moon lunar phase, could substantially increase landings. Fishers have made several requests for a pre-august 15 opening. Salmonid conservation groups have indicated that they would not object to this request if appropriate measures are taken to avoid by-catch (eg: mandatory use of avoidance / exclusion devices). In 1998 the inland waters fyke net season opened on August 11.

8 5. MANAGEMENT MEASURES FOR 1999 a) LICENCING - GENERAL i) The eel fishery will remain a limited entry fishery. In recognition of the growing concern within Atlantic Canada over declining annual landings and the possibility of a weakening stock biomass, as a pre-cautionary measure the number of commercial and exploratory licences that may be issued in the Newfoundland Region will be capped at the level issued in 1995. Therefore, the 1999 Management Plan will cap the total number of commercial and exploratory eel licences which combined will not exceed 316. ii) iii) iv) Fishers who held a commercial eel licence in the previous year are eligible to renew the licence for the current year. Licences may be issued for either inland or coastal waters or a combination of both. Reissuance of eel licences is not permitted other than through a transfer of a complete Core fishing enterprise. v) Exploratory eel licences that have been active for the past three consecutive years will be designated as commercial eel licences providing that the fisher is designated as core under the current licencing policy. b) INLAND WATERS i) The licence will designate the river(s) which may be fished and the amount of gear which can be fished on each designated river. For each river the site to be fished shall be specified. Actual co-ordinates (latitude and longitude) should be used if possible. ii) iii) iv) Licence holders may renew their licence for the same areas and gear quantities as held in the previous year up to the maximum level stated in (4) below. No licences may be issued for a protected water supply area unless that area has been specifically exempted by the Province to permit fishing for eels. Licences may be renewed for the amount of gear permitted in the previous year up to a maximum of five (5) fyke nets and twenty-five (25) pots. Fishers who can show that they fished more than five fyke nets in the

9 previous year can be licenced for two (2) fyke nets per licenced river, up to a maximum of ten (10) fyke nets. v) Licence holders in western and southwestern Newfoundland (NAFO Division 4R and Subdivision 3Pn) who have previously been licenced for gear amounts in excess of the limits stated above, will be subject to the special gear reduction program outlined below. c) COASTAL WATERS: i) Licences will be valid for a specific area of coastline as defined in the licence conditions. This area will be limited to an area historically fished or an area adjacent to the licence holders community of residence. ii) Licences may be renewed for the amount of gear permitted in the previous year but in no case will it exceed five (5) fyke nets and fifty (50) pots. Licence holders in 4R and 3Pn who have previously been licenced for gear amounts in excess of the limits stated above, will be subject to the special gear reduction program outlined below. d) RECREATIONAL: No new recreational eel licences will be issued. Recreational eel licences are only available to those individuals who held a recreational licence in the previous year. The amount of gear (spears & pots) and areas permitted will be the same as permitted each individual licence holder in the previous year. Details on quantity of gear, types of gear and areas of operation will be specified on the licence. e) GEAR REDUCTION PROGRAM: In 1996 and early 1997 a special review of the west coast of Newfoundland eel fishery was undertaken to analyse the problem of gear over-capacity. Part of the review included a series of consultative meetings with local licence holders. It was determined that many of the area fishers have been licenced for more than 75 eel pots and one of a series of three amounts of fyke net gear (27 nets, 30 nets or 45 nets). To resolve the situation of west coast licence holders having licenced gear amounts in excess of the maximum limits stated above, it has been agreed that a special three year gear reduction program will be implemented, starting in 1997, to bring all fishers in line with the Regional standard.

10 Commencing in 1997 and continuing in 1998 and 1999 all fishers were limited to a maximum of seventy-five eel pots (maximum 25 inland waters and 50 coastal waters). The following table provides a schedule of fyke net limits to be applied for each year of the three year period 1997 to 1999: Previous Fyke net 1997 1998 1999 Amounts 45 35 25 15 30 24 19 15 27 22 17 15 f) SEASONS: i) A special early fishing season will continue for 1999 with an opening date of August 9 for the setting of fyke nets in inland waters two days before the timing of the first "black moon" in August. The season will run until October 31. ii) The season for eel pots in inland waters is July 1 to October 31, and June 1 to October 31 for coastal waters. Fyke nets may be fished in coastal waters during the same period as pots in coastal waters. g) DEPLOYMENT OF FYKE NETS: i) All fyke nets used in the fishery must contain a by-catch exclusion device of a design acceptable to DFO. This requirement will be mandated by condition of licence. ii) iii) At least one-third of the width of any river or stream must be left open at all times. Not less than two-thirds of the main channel at low tide in every tidal stream must be left open at all times. Fishers must ensure that there is no harmful alteration, disruption or destruction of fish habitat. This includes the movement of rocks, gravel or other materials that could alter the natural flow of the river. h) EXPLORATORY ELVER FISHERY: i) Seven exploratory elver licences were issued in 1998. The number will be capped at this level for the duration of the current management plan. ii) Rivers and/or coastal waters approved for an elver fishery will be specified in the experimental licence.

11 iii) iv) Rivers and coastal waters that are licenced for a yellow or silver eel fishery will not be considered for an elver fishery. The retention of eels greater than or equal to 10 centimeters in length will be prohibited in an exploratory elver fishery. v) The fishing gear permitted will be dip net and fyke nets. vi) vii) viii) ix) The maximum quantity of elvers permitted for harvesting will be stipulated in the exploratory licence. All by-catch of other fish species must be released immediately. Elver licence holders will be required to record their daily fishing activity in the elver fishing log and submit a copy of the log to the Department on a weekly basis. Non-compliance with any condition of the exploratory licence or interference with established commercial fisheries may result in the cancellation of the licence. i) EEL LICENCE CONDITIONS Commercial Inland and Coastal Subject to sub-section 22(1) of the Fisheries (General) Regulations, this Eel Licence is subject to the following conditions: Logbooks Subject to Section 61 of the Fisheries Act you are required to provide an Information Return(Logbook). You must obtain your logbook from the Department of Fisheries and Oceans (DFO). This logbook must be completed according to the instructions contained with the logbook for each day and before entering a port. At the end of each fishing trip, you are required to provide a copy of the logbook to DFO. ALL copies intended for DFO must be submitted without exception in sequential order. Specific Conditions 1. Only the amount, location, and type of gear that is indicated on page two of this condition are to be fished on this licence. The description of valid areas and gear amounts are noted on PAGE TWO and must be attached in order to validate the licence. 2. The use of bait is not permitted in Eel Fyke nets. 3. Salmonid by-catch exclusion devices are mandatory on all fyke nets.

12 4. All nets, trap nets and pots must be marked with the licencee's name and the record number of this licence and in such a manner that the number is readily visible without lifting the fishing gear from the water. 5. When a scheduled river is closed to angling due to low water conditions and high water temperatures, eel fishery by the use of fyke nets will be closed. However, fishermen will not be required to remove the fyke nets from the water providing they remove the bag from the end of the net to allow for the free escapement of salmonids. 6. At least 1/3 of the width of any river or stream must be left open at all times. Not less than 2/3 of the main channel at low tide in every tidal stream must be left open at all times. General 1. All by-catch of other fish species while eel fishing must be released. 2. A licence is required to transfer eels from one river to another. Unless otherwise stated, fishers must maintain separate holding pounds for each river for which they are licensed. 3. No eel fishing may take place in protected water supply areas unless the appropriate department of the Provincial Government of Newfoundland and Labrador has specifically exempted that area. 4. Fishers must ensure that there is no harmful alteration, disruption or destruction of fish habitat. This includes the movement of rocks, gravel or other materials that could alter the natural flow of the river. 5. Fishing gear must be set in such a manner that is does not impede the upstream migration of fish. 6. The minimum retention size for eels is (20 cm), 8 inches in overall length (measured from the tip of the snout to the tip of the tail) in all eel fisheries other than authorized elver fisheries.

13 6. CONSERVATION & PROTECTION ISSUES AND STRATEGIES Issue: By-catch of Salmon and Trout. Enforcement Strategy: Site inspections and inland patrols to determine compliance levels with by-catch regulations. Issue: Fishing Closed Time/Area. Enforcement Strategy: Monitoring to ensure fishing gear is not set before/after season (Proactive Patrols and investigation of complaints). Issue: Proper Gear Setting. Enforcement Strategy: Monitoring to ensure fishing gear is properly set and that traps are not exceeded (Site Inspections). Issue: Enforcement Strategy: Obstruction of waterway. Site inspections and inland patrols.