1999-2001 Scotia-Fundy Herring Integrated Management Plan

List of Appendices

Appendix A Scotia-Fundy Herring Advisory Committee Terms of Reference

Appendix B Scotia-Fundy Herring Advisory Committee Membership Criteria

Appendix C Scotia-Fundy Herring Purse Seine Monitoring Committee Terms of Reference

Appendix D Hold Calibration Terms of Reference

APPENDIX E LICENCE CONDITIONS AND REPORTING REQUIREMENTS

·1999 4wx Herring Licence Conditions For Mobile Gear With Certified Hold Calibration Charts

·1998/99 4vn Herring Licence Conditions For Mobile Gear With Certified Hold Calibration Charts

·1999 Herring Setnet and Driftnet Licence Condition Vessels Under 45 Feet

·1999 Pelagic Bait Licence Condition For Herring Fishing Areas 17, 18, 19, 20, 21 and 22

·1999 Pelagic Bait Licence Condition For The Bras D'or Lakes Herring Fishing Area 18

·1999 Herring Weir or Trap Licence Conditions

·1999 Herring Transporting Licence Conditions With Certified Hold Calibration Charts

Appendix F Observer Program and Deployment

Appendix G Stock Status Report 1999

Appendix H Overwintering Decision rules 97/E

Appendix I Overwintering Decision Rules 98/3E

Appendix J Embayment Closure Line

Appendix K 1998 Eastern Shore Gillnet Management Plan

Appendix L 1999 Western Nova Scotia Herring Gillnet Management Committee

Appendix M Bras d'Or Lakes Management Plan

Appendix N Atlantic Direct Sales Program Consultative and Approval Procedures

Appendix O Direct Sales Policy

Appendix P DFO Contact List

Scotia-Fundy Herring Advisory Committee

Terms Of Reference

PURPOSE

The Scotia-Fundy Herring Advisory Committee will provide input and advice to the Department of Fisheries and Oceans on the conservation, protection and management of the fishery resource for Herring Fishing Areas 17, 18, 19, 20 and 22. The Committee will serve as the pre-eminent consultative forum for the development of the annual Scotia-Fundy Herring Fishing Plan.

SCOPE

The Committee will provide recommendations and advice on Regional policy issues. The Committee will make recommendations on annual total allowable catches, quotas, the allocation of foreign quotas and on the introduction of new fishing technologies into the fishery that may affect existing management measures. It will provide advice on annual fishing plans, regulatory measures, fishing seasons, licensing policies, size limitations, by-catch provisions, gear restrictions and on inter-season adjustments to the annual fishing plan.

The Committee will give consideration to biological, marketing and other information as it affects the management of the resource.

ADMINISTRATION

STRUCTURE

Any changes to the structure and administration of the Committee will be decided by the Committee membership.

SUBCOMMITTEES

Ad hoc subcommittees/working groups can be established to review and assess specific policy options and management measures.

MEETINGS

Meetings can be held throughout the Scotia-Fundy Region. When feasible, meetings will be held at times and places convenient to the membership.

EXPENSES

Non-DFO members do not receive funding from DFO for expenses incurred when attending meetings.

VOTING PROCEDURES

No formal voting procedures will be established. The Committee will seek to operate on a consensus basis.

MINUTES OF MEETINGS

Minutes of the Committee's meetings will be prepared and distributed by DFO.

PUBLIC ACCESS

Unless a majority of Committee members say otherwise before a meeting starts, the proceedings of the Advisory Committee will be open to the public and to media representatives.

DFO WORKING GROUPS

The Committee will be supported by a working group of DFO officials who will consolidate scientific, economic and management advise into draft fishing plans for the Committee's consideration.

NUMBER OF MEETINGS

The Committee will meet at least twice a year, once in the fall and once in the spring. Additional meetings can be held if required.

ATTENDANCE

If a member cannot attend, an alternate may be nominated and the Chairman notified as far in advance of the meeting date as possible.

MEMBERSHIP

CHAIRMANSHIP - The Committee chairmanship will be held by a DFO official. An industry co-chairman may be appointed at the discretion of Committee members.

The composition of the committee membership will reflect the structure and nature of the Scotia-Fundy herring fishery.

The membership of each committee will be made up of representatives from fishermen associations and unions, processors, individual fishermen, other industry representatives, provincial governments and DFO. Each association will be entitled to nominate two individuals of its choosing.

If an association wishes to nominate more than two individuals, such nominations would be considered within the Committee on an understanding that attendance will be at the expense of the nominating organisation.

Appendix B

Scotia-Fundy Herring Advisory Committee Membership Criteria

Criteria For Membership

In The Scotia-Fundy Herring Advisory Committee

Prepared By:

Program Coordination & Economics Branch

and

Resource Allocation Division,

Department of Fisheries and Oceans

Scotia-Fundy Region

October 1989

1. Introduction

In the spring of 1989, several parties involved in the harvesting and processing of herring wrote to the chairman of the Scotia-Fundy Herring Advisory Committee (SFHAC) to request membership in the committee. The matter was subsequently discussed during the spring meeting of SFHAC in Yarmouth. The comments from the industry was that the importance of the parties requesting membership in the herring fishery be proven. The incident also prompted a review of all current membership to show their importance in the herring fishery in order to continue to be members.

The objective of this paper is to lay out the framework for establishing criteria for membership. The rest of this paper is divided into four sections. Section 2 shows the list of current members and the parties requesting membership. Section 3 gives an overview of the harvesting and processing sectors of the Scotia-Fundy herring fishery. In Section 4, the current members and parties requesting membership are linked to activity levels. In Section 5, a proposed criteria for membership and the committee members based on these criteria are presented.

2. Current Members and Parties Requesting Membership

Current Members

As contained in the Terms of Reference (Appendix 1) of the Scotia-Fundy Herring Advisory Committee, the committee consists of two representatives from each of the following organisations, listed here under the groupings of harvesting, processing, other industry and government:

Harvesting

- South West Seiners

- Atlantic Herring Fishermen's Marketing Coop

- Grand Manan Fishermen's Association

- Fundy Weir Fishermen's Association

- Eastern Fishermen's Federation

- Maritime Fishermen's Union

- Cape Breton Fishermen's Association

- Eastern Shore Fishermen's Protective Association

Processing

- New Brunswick Fish Packer's Association

- Seafood Producers Association of Nova Scotia

- Independent Seafood Processors Association

- Connors Brothers

- Comeau's Seafoods

- Sable Fish Packers

Other Industry

- Miramichi Marine Products

Government

- Department of Fisheries, Nova Scotia

- Department of Fisheries, New Brunswick

- Department of Fisheries and Oceans

Parties Requesting Membership

The following parties are currently requesting membership in SFHAC:

- Continental Seafoods

- Lawrence Sweeney

- Guysborough Fishermen Association

3. Overview of the Scotia-Fundy Herring Fishery

Harvesting

There are 1925 herring A licences (i.e., purse seine, midwater, or gillnet) in 1988. of these, 40 are purse seines and 1 is midwater trawl. In addition, there are 266 weir and 17 trapnet licences¹.

The 40 purse-seiners together are allocated the bulk of the TAC.

*^1.Figures presented here were for 1988. However, no major changes are expected between 1988 and 1989.

The 1989 allocations by gear type is shown below:

The gillnets, traps and weirs are not really on allocation, but on an allowance equal to catch levels in recent years. The weir allowance applies only to N.S. weirs. Catches by N.B. weirs do not come off the TAC. They can catch whatever amount they can since the fish they catch is not from the 4WX stock.

1988 landings in Scotia-Fundy by Scotia-Fundy vessels and gear type is shown below:

While there are over 2000 fishermen (those that hold herring licences) having claims on the herring resources, only 520 have reported any herring landings in 1988. Of these, only 360 have landings in excess of 10 tons.

Processing

There are over 50 processors involved in the processing of herring. However, this industry is highly concentrated. Ranked in order of value of products, the top 9 processors account for over 90% of the total production value in Scotia-Fundy. This industry is also very seasonal in nature, with a large number of plants processing herring for only a few weeks a year. The companies in the top nine and processing herring for over 10 full weeks a year are¹:

- Comeau Seafoods

- Connors Brothers

- Continental Seafoods

- I.M.O. Foods

- Lawrence Sweeney

- Sable Fish Packers

- Schooner Seafoods

- Skipper Fisheries

4. Current Members and Parties Requesting Membership in the Context of the Scotia-Fundy Herring Fishery

Harvesting

The 40 purse seiners, accounting for 88% of the TAC and 69% of the catch in 1988, are members of one of the following two organisations:

- South West Seiners

- Atlantic Herring Fishermen's Marketing Coop

The other group of herring fishermen very active in this fishery is the weirmen. Accounting for 28% of the landings, they are represented by the following two organisations:

- Grand Manan Fishermen's Association

- Fundy Weir Fishermen's Association

*^2. Ranking is based on average 1985 to 1987 value of product figures collected by DFO. The number of weeks of processing is from the 1986 Plant Capacity

Survey undertaken by DFO in 1987 and updated information from processors.

Members of the following associations are not very active in the herring fishery in recent years. However, they do represent a large number of fishermen holding herring licences. Estimated maximum landings and licences of these organisations in 1988 are shown below. Landings and licences are assigned to associations assuming that all vessel owners in the geographic area are members of the associations that cover the area. In reality, there are some vessel owners who are not members.

The Eastern Fishermen's Federation is an umbrella organisation that has as its members 19 inshore fishermen organisations in the Maritimes. Total membership under this umbrella organisation exceeds 3000.

The Maritime Fishermen's Union is also an organisation covering the Maritime provinces. Union dues in this organisation is voluntary. Presently, there are over 3000 fishermen who contribute on a regular basis. A high proportion of its members hold herring gillnet licences.

Without membership lists from the Eastern Fishermen's Federation and the Maritime Fishermen's Union. it is not possible to estimate landings associated with each organisation. However, since they both represented mainly gillnetters (among other fisheries) and that members of one organisation are not members of the other, it could be assumed that these two organisations together account for a most 1.5% (equal to gillnet landings as a percent of total Scotia-Fundy herring landings in 1988) of the Scotia-Fundy herring landings.

Processing

In the processing sector, most herring processors are represented by the three processor organisations:

- New Brunswick Fish Packer's Association

- Seafood Producers Association of Nova Scotia

- Independent Seafood Processors Association

All of the following five processors in the current membership and those requesting for membership are in the list of the top nine processors and operating for over 10 full weeks a year:

- Comeau's Seafoods

- Connors Brothers

- Continental Seafoods

- Lawrence Sweeney

- Sable Fish Packers

Other Industry

Miramichi Marine Products is a major trucking company that transports herring in the Scotia-Fundy Region.

5. Proposed Criteria for Membership

The following criteria for membership is proposed:

Harvesting: Participants in the harvesting sector, with the exception of the midwater trawler, can only be represented through fishermen organizations. These organizations are to be divided into two categories, active and inactive. In the active category, organizations must have membership of a least 5 and represent at least 5% of the herring landings in Scotia-Fundy. In the inactive category, organizations must represent at least 200 fishermen holding herring licences.

Processing: Participants in the processing sector can be represented individually or through processor organisations. Processor organisations must have a membership of a least 5. To have individual representation, processors must satisfy the following three conditions: (1) have annual production value exceeding a specified minimum¹, (2) in the list of the top ten processors, ranked by average value of products over the last three years, and (3) process herring for over 10 full weeks a year.

*^3.Due to confidentiality of company information, this benchmark figure may only be set by DFO and will not be known to industry committee members.

Other industries related to the herring fishery: Industries related to the herring fishery are numerous. To list and set criteria for all these industries is impossible. Presently, only one such company, Miramichi Marine Products, has shown any involvement in SFHAC. Based on their involvement to date, it is proposed that they continue to be represented in this committee. Should there be new requests for membership from this group, further studies will be undertaken to establish criteria.

The list of organisations (companies) satisfying the proposed criteria is shown on page 8. All members in the original Terms of Reference satisfy the proposed criteria membership. Since all the members in the original Terms of Reference satisfy the criteria, it is further proposed that these members remain as is and that the criteria developed here and in particular the conditions for membership below, will apply only to new applicants.

In addition to the criteria, stated, the following conditions also apply to new applicants. To be considered for membership, participants must make a formal request to the current committee indicating their interest to become members. Organisations requesting membership must submit a membership list to the Department of Fisheries and Oceans. Upon becoming members, they must show continuing interest in the committee. Members admitted to this committee based on the criteria set here will be reassessed every three years so that only the current key players in the Scotia-Fundy herring fishery remain in this committee.

As contained in the original Terms of Reference, the committee will consist of two representatives from each organisation (company). Additional representatives will be deemed observers to the meeting and may only sit at the table when a position is vacated by a committee member representing that organisation (company).

Proposed List Of Members In The

Scotia-Fundy Herring Advisory Committee

Organization No. Of Representatives

South West Seiners 2

Atlantic Herring Fishermen's Marketing Coop 2

Grand Manan Fishermen's Association 2

Fundy Weir Fishermen's Association 2

Eastern Fishermen's Federation 2

Maritime Fishermen's Union 2

Cape Breton Fishermen's Association 2

Eastern Shore Fishermen's Protective Association 2

Midwater Trawler 2

New Brunswick Fish Packer's Association 2

Seafood Producers Association of Nova Scotia 2

Independent Seafood Processors Association 2

Comeau's Seafoods 2

Connors Brothers 2

Continental Seafoods 2

Lawrence Sweeney 2

Sable Fish Packers 2

Miramachi Marine Products 2

Total industry members 36

Department of Fisheries, Nova Scotia 1

Department of Fisheries, New Brunswick 1

Senior Pelagics Advisor, Resource Allocation, DFO (Chair) 1

Area Manager, Eastern Nova Scotia, DFO 1

Area Manager, Western Nova Scotia, DFO 1

Area Manager, Southern New Brunswick, DFO 1

Pelagics Scientist, Science, DFO 1

Pelagics Economist, Program Coordinator & Economics, DFO 1

Senior Pelagics Advisor, Resource Allocation, Gulf, DFO 1

Total all members 45

Appendix C

Scotia-Fundy Herring Purse Seine Monitoring Committee

Terms of Reference

Preamble

Representatives of the major interest groups in the herring purse seine industry in the Scotia-Fundy Fisheries have united with representatives of DFO to form the Scotia-Fundy Herring Purse Seine Monitoring Committee. The formation of this Committee is consistent with the Conservation Harvesting Plan submitted by the industry to DFO on June 12, 1995.

The herring industry of the Scotia-Fundy Fisheries presents an excellent opportunity to test the practical application of a co-management agreement between DFO and the industry. It is a single species fishery without significant bycatch problems and is pursued by a small number of fishermen providing a few processors.

The industry representatives have demonstrated themselves to be responsible contributors to the management of the fishery through their representation on the Scotia-Fundy Herring Advisory Committee (SFHAC). The SFHAC has been consistent in providing DFO with sound business and conservation advice over the many years of its history.

Purpose

The purpose of the Committee will be to review the status of the 4WX herring purse seine fishery during the season and make adjustments to the Conservation Harvesting Plan approved by DFO and consistent with the mandate of the Committee. This Committee will not make decisions concerning conservation or enforcement issues which are the mandate of DFO. This Committee will also not make decisions concerning other gear sectors of the industry. Such issues will be discussed at the multi-sector SFHAC.

Mandate

The Committee will make recommendations on a variety of issues, including:

· conservation measures to protect the resource;

· the seasonal breakdown of the purse seine quota;

· appropriate restrictions on licence conditions;

· dockside monitoring requirements;

· licence sanctions to be applied in the herring purse seine fishery;

· priorities for herring scientific research; and

· priorities for enforcement in the herring purse seine fishery.

The Committee will make decisions concerning:

· new areas for fishing the 4WX stock complex within 4WX;

· fishing herring stocks other than the 4WX stock complex in 4VsWX (the outer banks fishery);

· effort restrictions such as the five-day-per-week limitation;

· effort restrictions for market reasons;

· adjustments of target levels based on information from the fishery, including test fishing; and

· directing abundance testing and fish tagging initiatives of the fleet.

These decisions will be made based on an analysis of up-to-date information concerning:

· the size of the fish in the catch;

· the distribution of the catch;

· the behaviour of the fish;

· the physiological condition of the fish;

· and the abundance fish reflected by their availability to the fishery.

Membership

The membership of the Monitoring Committee shall be drawn from the harvesting and processing sectors of the herring purse seine industry of the Scotia-Fundy Fisheries including representation from the following groups:

* Appointed to the committee by RHG (1997)

Term of the Committee

The Scotia-Fundy Herring Purse Seine Monitoring Committee shall be in place until October 14, 1995, when a decision will be made by the group whether or not to continue the Committee for the next quota year.

Monitoring Committee Chairmanship

Meetings of the Monitoring Committee shall be co-chaired by a representative of DFO and the industry.

Meetings

The meetings of the Committee shall be called by the co-chair by notice to all members of the Committee. Decisions will be made on the basis of consensus (no dissension). Minutes of meetings shall be kept and disseminated to the members and the industry at large.

Meetings of the Committee shall be called once a week for the remainder of the current quota season or as required to deal with specific issues. These meetings may be by conference call or at a venue decided by the co-chairs.

Appendix D

Hold Calibration

Terms of Reference

03 June 1999

Background:

Regulations requiring the accurate determination of weight at dockside for herring (Section 45.1 of the Atlantic Fisheries Regulation, 1985) were implemented in 1989. These regulations require mobile gear vessel masters and the masters of carriers transporting herring caught by mobile gear to provide an accurate weight of herring using scales or a volume measure having weight graduations at the time of unloading.

The dipping method is considered by DFO to be an acceptable and efficient means (volume measure having weight graduations) of compliance with the regulation when utilising the correct Bulk Density Conversion Factor and provided that the hold calibration is certified accurate by a qualified licensed professional such as a Professional Engineer (P. Eng.) or a Certified Engineering Technologist.

An Overview of the Dipping Methodology:

The method involves the calibration of each refrigerated seawater (RSW) and/or chilled seawater (CSW) hold noting the relationship between depth in the hold and the hold volume below that depth. This volume of fish is then converted to weight of fish by multiplying the volume of fish by the bulk density conversion factor.

The following process generally describes the dipping method.

Upon arrival and prior to unloading, the dipping apparatus, of a design approved by the Minister of Fisheries and Oceans, and employed by a qualified dockside observer (so designated under Section 39(2)(a) of the Fishery (General) Regulations, by the Regional Director General for the Maritimes Region) is utilised to determine the depth of herring present in each hold.

The dipping apparatus is introduced into each hold after

1. The fish have been allowed sufficient time to settle, and; It is estimated that at least twenty minutes (20 min.) is required after all tank circulation has been shut down for the herring to adequately settle;

2. The vessel has been adjusted by the vessel master within acceptable limits of heel and trim as noted in the Hold Calibration Report.

The dipping apparatus is introduced into the hold(s) and an average of at least five depth reading is determined at the datum, identified in the Hold Calibration Report.

The dockside observer then repeats the process of determining the depth of herring in each hold. These average depth measurements are then applied to the appropriate calibration chart noting the volume and weight of herring present in each hold.

The weights present in each hold are then totalled and rounded to the nearest decimal point.

All holds must be inspected and "dipped" prior to any unloading operation.

Hold Calibration Statement of Work:

1. The consultant is to prepare a hold volume survey for each hold noting the relationship between hold depth and volume. The depth graduations are to be in 2 inch increments.

2. The consultant is to determine and report the acceptable limits of trim and heel so that the determined volume is within ± 5% by volume error.

3. The consultant is to permanently install a trim inclinometer and a heel inclinometer ( of a design approved by Department of Fisheries and Oceans) in secure locations, clearly noted in the Hold Calibration report. The inclinometers are to be permanently marked noting the limits of trim and heel where the predicted volumes are within ± 5% by volume error.

Note: The tolerance below the 10 Cubic Meter ullage is plus or minus 1 cubic meter.

4. The consultant is to prepare a report of the survey (refer to attached sample) including a table for each hold noting the relationship between hold depth (2 inch increments), volume at that depth, and weight using the appropriate bulk density conversion factor(s) supplied by the Department of Fisheries and Oceans.

For the purposes of the Hold Calibration Report the BDCF (bulk density conversion factor) for converting volume of herring to weight of herring is as follows.

Blended Bulk Density Conversion Factor: 968 kg/m³

5. The consultant is to instruct the vessel master and at least one other responsible officer regarding the correct procedures and sensitivity to errors of the methodology in determining the weight of herring in each hold for the vessel in question.

6. The overall length, width and depth of each hold is to be noted in the Hold Calibration Report as is the height of each hatch coming.

7. The dipping location is to be clearly noted for each hold in the Hold Calibration Report.

Each page of the Hold Calibration Report is to be dated.

Note: The chart is to be stamped with the seal of the qualified professional

8. Upon completion, a hardcopy and an electronic copy ( MS Office Suite, i.e. MS Excel) of the Certified Hold Calibration Report is to be supplied to:

W.K. Rodman, P. Eng.

Senior Advisor, Engineering, & Small Pelagics

Resource Management

Fisheries and Oceans Canada

Scotia-Fundy Sector

Maritimes Region

Box 550

Halifax, NS

B3J 2S7

Fax: (902) 426-1484

E-Mail: rodmank@mar.dfo-mpo.gc.ca

9. Copies of the report are to be forwarded to the appropriate DFO area licensing centres as directed by the vessel master. The DFO Licensing Offices are noted below.

10. A copy of the report is also to be forwarded to the appropriate Catch Monitoring Company(s) as directed by the vessel master and noted below:

Note: The above table is correct as of February 4, 1998. DFO is not responsible for its accuracy after that date. Please contact your DFO Area Office for the most up to date information.

NOTE: If a totalling flow meter is utilised to calibrate the holds. The flow meter must be calibrated both "before" and "after" the holds are measured. Proof of the meter calibration must accompany the calibration chart.

The following is a sample of the Hold Calibration Report Format

M.V. "Sample"

FISH TANK VOLUME SURVEY

This is to certify that surveyors from measured the fish tanks of the M.V. "Sample" in on for the purpose of determining the individual fish tank volume.

Based on the measurements taken from this vessel on we have calculated the total net volume for each individual fish tank. In addition, we have produced a calibration scale which relates capacity relative to a specific depth of production in each of the fish tanks.

METHODOLOGY

To establish the capacity in a given fish tank, an ullage measurement shall be taken from a predetermined reference point which shall be clearly and permanently marked on the vessel. This ullage reading shall then be referred to the appropriate calibration scale for the particular tank to establish the actual content (see example).

NOTE:

· Measurements must be taken prior to commencing discharge of fish.

· Vessel must be within the acceptable limits of Heel and Trim prior to taking Ullage measurements.

· If the vessel is NOT within acceptable limits of Heel and Trim the vessel master must adjust the vessel condition. If the vessel can not be adjusted to conform to the requirements, the dipping method will not result in valid weights and weight scales must be used.

CERTIFICATION

We certify that the attached calibration charts reflect the capacity of each individual fish tank aboard this vessel within 5% by volume with in stated limits of trim and heel.

______________________________

Signature and Seal of the licensed Professional

Date: July 30, 1998

Page 2 of 5

Sample Calibration Chart

M.V. Sample Hold # 1 & # 2

Forward Hold Starboard and Port

The max. length, width and depth of this tank is: 22'-4"x 9'-10"x11'-2"

The max. length, width and depth of this hatch is: 34.5"x34.5"x21"

Note: Ensure that the Weight columns are clearly labelled.

Date: July 30, 1998

Page 3 of 5

M.V. Sample

Fish Tank Arrangement:

Note:

The maximum dimensions of each tank and the hatch coaming is to be clearly noted on each Calibration table

Date: July 30, 1998

Page 4 of 5

M.V. Sample

Trim Tolerance:

The TRIM inclinometer is located in the wheelhouse on a fore and aft bulkhead.

Weights as noted in .5 ⁰ increments of trim

Heel Tolerance:

Angle of heel that results in predicted volumes with an error greater then 5% is: +/- 2.0 ⁰

Note: Heel must be adjusted to within tolerance.

The HEEL inclinometer is located in the wheelhouse on the aft bulkhead.

Date: July 30, 1998

Page # 5 of 5

M.V. Sample Hold #1 & #2

The maximum length width and depth of this tank is: x x

HERRING FISHING AREA: __________________

SITE NUMBER: _______________________

IF ONLY TOTAL AMOUNT RECORDED THEN THE TOTAL CATCH IS ASSUMED TO BE HERRING.

LICENCE HOLDER'S NAME:____________________or AUTHORIZED AGENT:

(Please PRINT) (Please PRINT)

LICENCE HOLDER'S SIGNATURE:______________ or AUTHORIZED AGENT:

DATE: __________

"Licence holder is to complete for ALL removals "

PLEASE PRINT CLEARLY:

HERRING LICENCE NUMBER:- Provide the herring licence number on your license.

HERRING FISHING AREA:- Provide the herring fishing area you are fishing in, eg. 19, 20, 21, etc.

SITE NUMBER:- Provide the site number of your herring fixed gear.

Date Landed:- Provide the date the weir/trap was fished.

Amount of Herring:- Provide the amount of herring caught.

Specify Tonnes or Lbs:- Specify whether the amount is tonnes or pounds.

Specify Food Bait or Roe:- Specify what purpose the fish are to be used for, whether food, bait or roe.

Amount of Bycatch:- Provide the amount of bycatch fish caught.

Specify Species & Tonnes or Lbs:- Specify the species caught and if the amount is in tonnes or pounds.

Specify the Vessel Name Transporting Fish:- Provide the name of the vessel transporting the fish.

Buyer:- Provide the buyers name and address.

Port landed:- Provide the Port that the fish were offloaded.

LICENCE HOLDER'S NAME:- Print the licence holder's name.

LICENCE HOLDER'S SIGNATURE:- The licence holder must sign the document.

DATE:- Provide the date when the document was signed.

SCHEDULE II

FISHING START/STOP CONFIRMATION HAIL-OUT TABLE

1999 Herring Weir or Trap

Reporting Requirements

SCOTIA-FUNDY SECTOR

MARITIMES REGION

10 June 1999

FOR INFORMATION ONLY...to be completed by the Carrier

INSTRUCTIONS FOR COMPLETING THE TRANSPORT MONITORING DOCUMENT - TRANS(1998-02)

TRANSINST(1998-01)

"To be Completed by the Captain of the Carrier"

General Information: PLEASE PRINT CLEARLY

Herring Fishing Area:- Provide the herring fishing Area you are in , eg. 19, 20, 21,etc.

Name of Vessel Landing Fish:- Provide the name of the vessel landing the fish.

Vessel Registration Number(CFV):- Provide the vessel registration number.

Vessel Transporting License:- Provide the vessel's transporting license number.

Date Landed:- Provide the date the vessel will be offloading.

Hail Information:

Confirmation Number:- Provide the confirmation number received from the DMC.

First Port Landed:- Provide the name of the first Port to offload at.

Total Amount Onboard:- Provide the total amount of fish on board.

Est. Time of Arrival:- Provide the time when you will be arriving at the first Port.

NAFO Area:- Provide the NAFO area, eg. 4X, 5Y, 4VW, etc.

Other Port Landed; Amount Offloaded; Est. Time of Arrival:- Complete if necessary deducting the amount offloading at each port.

Catch Information:

Herring Licence #:- Provide the herring license number of the weir or trap for each site.

Weir/Trap Site#:- Provide the site number of the weir or trap for each site.

Catch Metric Tons:- Provide the amount caught, in metric tons, for each site.

Bycatch Specie:- Specify the bycatch specie caught at each site.

Bycatch Amount Metric Tons:- Provide the bycatch amount caught, in metric tons, for each site.

Weighout Information:-

Port Landed:- Provide the name of the port or ports offloading.

Directed Specie Metric Tons:- Provide the amounts, in metric tons, for the directed species (herring) offloaded at each Port.

Bycatch Specie Metric Tons:- Provide the amounts, in metric tons, for the bycatch specie offloaded at each Port.

Buyer:- Provide the name of the buyer for the amounts offloaded at each Port.

Price:- Provide the price paid for the fish per metric ton.

Captain's Name and Signature:- Must be signed by the vessel Captain.

Note to Vessel Captain: Signing this Document confirms that you have advised the licence holder of the amount of catch taken on board.

THE TRANSPORT MONITORING DOCUMENT, TRANS (1998 -02), MUST BE COMPLETED AND SUBMITTED TO A DFO APPROVED DMC.

MAY 3, 1999

1999 Herring Transporting Licence Conditions

With Certified Hold Calibration Charts

SCOTIA-FUNDY SECTOR

MARITIMES REGION

Pursuant to subsection 22.(1) of the Fishery (General) Regulations, as amended, the following conditions are specified for person(s) transporting herring under the authority of fish transporting licence control no. ______________________ issued in respect of the vessel _______________ __________________________, vessel registration number ___________________________ .

1. Subject to any variation orders issued these licence conditions are valid during the period beginning _________________ and ending October 14, 1999, or twelve months subsequent to the date of the certified hold calibration chart, whichever comes first.

2. You are only permitted to transport herring from either Herring Mobile Gear or Herring Fixed Gear during any one trip. You are not permitted to transport fish from both types of gear during the same trip.

REPORTING REQUIREMENTS FOR FISH TRANSPORTED FROM FIXED GEAR

3. (i)You are required to hail-out to a Dockside Monitoring Company that has been approved or designated by the Department of Fisheries and Oceans prior to leaving port. The hail must include:

- the date;

- local time (using the 24 hour system);

- your vessel name;

- the vessel registration number;

- the Captain's name, your herring transport licence number;

- Confirmation that you will be carrying fish from fixed gear;

- the page number of the Herring Transport Monitoring Document you are going to use for that trip.

You are also required to enter the hail-out confirmation number in the comment section of the Herring Transport Monitoring Document.

(ii)You are required to determine an accurate weight immediately after the fish is removed from the weir.

(iii)You are required to hail-in from sea to a Dockside Monitoring Company that has been approved or designated by the Department of Fisheries and Oceans a Trip Summary of your vessel's transporting activities at least 3 hours prior to landing. In the Trip Summary you are required to report the following:

- vessel name;

- the vessel registration number;

- the Captain's name; your transport licence control number;

- the round weight of herring on board your vessel in metric tonnes;

- the spawn condition of the herring;

- the date;

- local time (using the 24 hour system);

- the name and location of the herring weir(s),

- the herring weir licence number(s) from which the fish is to be transported from;

- the place where you shall land and unload your fish.

You will be issued a confirmation number by the Dockside Monitoring Company confirming that your hail-in has been received. This number is to be entered immediately on the Herring Transport Monitoring Document in the appropriate place provided.

REPORTING REQUIREMENTS FOR FISH TRANSPORTED FROM MOBILE GEAR

4. (i)You are required to hail-out to a Dockside Monitoring Company that has been approved or designated by the Department of Fisheries and Oceans prior to leaving port. The hail must include the following:

- date;

- local time (using the 24 hour system);

- your vessel name, the vessel registration number;

- the Captain's name;

- Confirmation that you will be carrying fish from mobile gear;

- your herring transport licence number;

- the page number of the Herring Mobile Gear Monitoring Document you are going to use for that trip.

You are also required to enter the hail-out confirmation number in the comment section of the Herring Mobile Gear Monitoring Document.

(ii)You are required to hail-in from sea to a Dockside Monitoring Company that has been approved or designated by the Department of Fisheries and Ocean a Trip Summary of your vessel's transporting activities at least 3 hours prior to landing. In the Trip Summary you are required to report the following:

- vessel name;

- the vessel registration number;

- the Captain's name; your herring transport licence control number;

- the mobile gear herring licence number(s) and the herring mobile gear vessel name(s) from which the fish is to be transported from;

- the metric tonnage brought on board from each of these vessels;

- the spawn condition of the herring;

- the date;

- local time (using the 24 hour system);

- the place where you shall land and unload your fish.

You will be issued a confirmation number by the Dockside Monitoring Company confirming that your hail-in has been received. This number is to be entered immediately on the Herring Mobile Gear Monitoring Document in the appropriate place provided.

5. (i)You may be required to have the weight and species of all fish landed from your vessel verified by an Observer (dockside) after each fishing trip. If you hail the vessel as Full or Empty you are not required to have the fish verified by an Observer (dockside) For the purpose of this licence condition, an Observer (dockside) is an individual or corporation designated as an Observer by the Regional Director-General for the Maritimes Region pursuant to subsections 39. (1) and 39.1 (1) of the Fishery (General) Regulations and who has been appointed to monitor the landing of fish and to verify the weight and species of fish caught and retained.

(ii)If you are required to have the weight and species of the fish landed from your vessel verified by an Observer (dockside), you are not permitted to land (offload) any fish or portions thereof from your vessel unless all of the following conditions are adhered to:

- the observer (dockside) is present onboard the vessel to check the Herring Mobile Gear Document if you are carrying mobile gear caught herring or the Herring Transport Monitoring Document if you are carrying fixed gear caught herring and verify the weight and species of the catch in the vessel;

- an accurate weight must be determined, recorded on the Herring Mobile Gear Document if you are carrying mobile gear caught herring or the Herring Transport Monitoring Document if you are carrying fixed gear caught herring. - the appropriate document is to be supplied to the Dockside Monitoring Company (Observer).

(iii) You are not permitted at any time to offload your vessel prior to the time stated in your hail.

6. The master and owner of the vessel with respect to which this licence and licence conditions applies must report immediately to a Fishery Officer any discrepancy between the reported weight of herring offloaded from the vessel and other weight for that herring, of which the owner or master are aware that has been determined, by any other means whatsoever.

7. The master and the owner of the vessel being used to transport herring and for which the weight of herring landed is determined using the dipping method must maintain hold calibration charts which at all times, accurately reflect the hold volume capacity of the vessel.

8. Pursuant to Section 61 of the Fisheries Act you are required to provide information of your fish transporting activities. If you are carrying fixed gear caught herring you are required to complete the Herring Transport Monitoring Document. in accordance with Schedule I attached, instructions to complete the Herring Transport Monitoring Document.

If you are transporting fish from mobile gear you are required to provide information of your fish transporting activities in the Herring Mobile Gear Monitoring Document. You are required to complete the document in accordance with the instructions in your Herring Mobile Gear Monitoring Document.

A copy of the completed monitoring document must be provided to the observer (dockside) at the time of offloading. For those trips which do not require an Observer (dockside), you must supply the Dockside Monitoring Company with a copy of all monitoring documents within 72 hours after the offloading of the fish. You are also required to provide any documents requested by a Fishery Officer immediately upon demand.

Failure to comply with item eight (8) will be a relevant factor, as an aspect of conservation and management of herring, in the decision whether or not a licence and/or conditions of licence for transport of herring will be issued to you for the 1999/2000 herring season.

9. I understand and acknowledge these conditions issued.

10. You are required to attach these licence conditions to your 1999 Transport Licence.

11. I requested and received these licence conditions in English.

12. The licence holder is required to sign these licence conditions.

13. For the purpose of this licence condition the hold calibration charts are valid during the twelve months subsequent to the date of certification.

_________________________________

Date of Certified Hold Calibration Chart

_______________________ ___________________________

Signature of Licence Holder Signature of Licensing Authority

__________________________________

Date Place of Issue

PLEASE NOTE: For information regarding areas open or closed to fishing, variation orders, and for clarification of any points contained in this license condition contact your local fishery officer. Dockside Monitoring Companies are not agents of the Department of Fisheries and Oceans. Dockside Monitoring Companies are not authorised, on behalf of the Department of Fisheries and Oceans, to provide any information to fishers.

INSTRUCTIONS FOR COMPLETING THE TRANSPORT MONITORING DOCUMENT - TRANS(1998-02)

TRANSINST(1998-01)

General Information: PLEASE PRINT CLEARLY

Herring Fishing Area:- Provide the herring fishing Area you are in , e.g. 19, 20, 21,etc.

Name of Vessel Landing Fish:- Provide the name of the vessel landing the fish.

Vessel Registration Number (CFV):- Provide the vessel registration number.

Vessel Transporting License:- Provide the vessel's transporting license number.

Date Landed:- Provide the date the vessel will be offloading.

Hail Information:

Confirmation Number:- Provide the confirmation number received from the DMC.

First Port Landed:- Provide the name of the first Port to offload at.

Total Amount Onboard:- Provide the total amount of fish on board.

Est. Time of Arrival:- Provide the time when you will be arriving at the first Port.

NAFO Area:- Provide the NAFO area, e.g. 4X, 5Y, 4VW, etc.

Other Port Landed; Amount Offloaded; Est. Time of Arrival:- Complete if necessary deducting the amount offloading at each port.

Catch Information:

Herring Licence #:- Provide the herring licence number of the weir or trap for each site.

Weir/Trap Site #:- Provide the site number of the weir or trap for each site.

Catch Metric Tons:- Provide the amount caught, in metric tons, for each site.

Bycatch Specie:- Specify the bycatch specie caught at each site.

Bycatch Amount Metric Tons:- Provide the bycatch amount caught, in metric tons, for each site.

Weighout Information:-

Port Landed:- Provide the name of the port or ports offloading.

Directed Specie Metric Tons:- Provide the amounts, in metric tons, for the directed species (herring) offloaded at each Port.

Bycatch Specie Metric Tons:- Provide the amounts, in metric tons, for the bycatch specie offloaded at each Port.

Buyer:- Provide the name of the buyer for the amounts offloaded at each Port.

Price:- Provide the price paid for the fish per metric ton.

Captain's Name and Signature:- Must be signed by the vessel Captain.

Note to Vessel Captain: Signing this Document confirms that you have advised the license holder of the amount of catch taken on board.

THE TRANSPORT MONITORING DOCUMENT, TRANS (1998 -02), MUST BE COMPLETED AND SUBMITTED TO A DFO APPROVED DMC.

1999 Herring Transporting

Reporting Requirements Without

Certified Hold Calibration Charts

Reporting Requirements

28 May 1999

Appendix F

Observer Program and Deployment

Observer Program

RESPONSIBILITIES

At sea observers are required to record and report on all aspects of vessel activity.

These responsibilities include (but are not restricted to):

· collect biological and fisheries data

· record and report data and other relevant information on the adherence of vessels to Canadian law or possible infractions.

· prepare an orderly document of information related to suspected infractions of Fishery legislation and presenting oral and documented evidence as a witness in a Court of law.

· record and report accurate set by set information

· record and report on the technological characteristics of the fishing gear used.

· determine the accuracy of data collected through the observation of navigational and fishing aids onboard the vessel.

· collect data relating to and report on fishing patterns and what relation they have to catch, catch rate, feeding habits and diurnal behaviour of the fish caught.

· collect hydrological data as required

· collect data related to fish habitat research

· collect, label and preserve all specimens required by DFO

· monitor and report on the dumping of harmful and polluting material into the ocean

AT SEA OBSERVER DEPLOYMENT (Purse Seine)

Appendix G Stock Status Report 1999

4VWX and 5Z Herring SSR

Appendix H Overwintering Decision Rules 97/E

1997 Decision Rules For Managing Overwintering Fisheries (97/E)

Appendix I Overwintering Decision Rules 98/E

1998 Decision Rules: 4T Overwintering Herring Fishery in 4Vn (98/3E)

Appendix J

Click image for larger view

DFO for Illustration Purposes Only Oceans Act Coordination Office - Source

Embayment Definition

Appendix K 1998 Eastern Shore Gillnet Management Plan

Click image for larger view

1998 Herring Roe Fishery

Gentlemen's Agreement

1. Small vessels that have to return to the fishing grounds to finish their trip because they couldn't bring all their fish the first trip may ask permission to unload first.

2. Mooring and haul up lines are to be as short as possible.

3. A balloon buoy and lobster buoy with your boat's name on it to be on the end you start hauling from.

4. Communication nightly between vessels to determine which direction to set.

5. Nets must be steamed out. Set according to the wind. If it's blowing (more than 10) set the way the wind blows, if it's calm, set with the tide.

6. Operating channel will be VHF 68

7. Fishermen should ask another fishermen (who is hauling a net) if he's setting there again before he sets his nets. Do not take anybody's set without communicating with them first.

8. Fishermen who have caught their quota may allow another fisherman to finish hauling his net, if that fisherman hasn't caught his quota.

Appendix L

1999 Western Nova Scotia Herring Gillnet Management Committee

Western Nova Scotia

Herring Gillnet Management Plan

This plan was developed by a Herring Management Committee with at least one representative from each port. If your port is not represented or if you want to be a member of the Committee, see one of the reps listed below.

Sluice Pont - Chris Surette

Little River - Robert Boudreau

Wedgeport - Robert LeBlanc

Pinkney's Point - Raymond Maillet

Yarmouth Bar - Ken Devine

Yarmouth Bar - Tim Nickerson

Pembrooke - Bernie Tedford

Port Maitland - Gary Lewis

Cape St Mary - Bernie Doucet

Meteghan - Brian Deveau/Charles Comeau

Manager - Don Cunningham (T) 902-742-8691 (F) 902-742-3574

This plan is intended to ensure a healthy herring stock. Fishing outside the plan will result in penalties as outlined below.

1. This plan covers the fishing area of Nova Scotia adjacent to Digby, Yarmouth and Shelburne counties.

2. All 4X drift-net licensed fishermen who whish to participate must register with the committee by paying a $50.00 fee prior to June 8, 1999. No new entrants for the 1999 season will be accepted after June 7, 1999.

3. You must also get conditions from DFO before fishing and conditions will only be issued to those who have registered with the committee.

4. The fishing season opens 1201h, June 1, 1999, and closes 1199h, November 30, 1999.

5. This plan does not apply to fishermen with set-net licences.

6. Maximum net length of 90 fathoms.

7. Minimum mesh size of 2-3/8" for mature roe herring.

8. Five nights per week fishing (Sunday to Thursday) starting at 1900h each day until 0700h the following day. The dockside monitoring company will be the source for the official time.

9. One fishing trip per night - if a vessel has to return to port early for some reason, it may return to fish the same night as long as no fish were loaded until the final trip for the night. It will only be necessary to report to the monitor for trips that will be unloaded.

10. Catch limit is 80 barrels (200 lb per barrel) per night to a maximum of 320 barrels per week. These limits will be adjusted by the committee if necessary.

11. After test fishing in any area (Spectacle, Trinity, etc.) identifies mature roe fish, the fishing in that area will stop to survey the stock.

12. Surveys will be a joint effort by fishermen (8-12 vessels running a grid pattern over the fish) and DFO science and will preferably include a vessel with sonar equipment. DFO science will evaluate the survey results the following day and recommend to the DFO herring manager a safe amount to remove. The DFO herring manager will revise and/or approve the amount to be removed.

13. Removal amounts can be fished for 10 days or until caught - whichever comes first. At that time a new survey is required before additional removals are allowed and survey results will only be considered if there is at least a 10 day interval since the previous survey.

14. Fishermen must complete a daily log of fishing activity and submit it to the dockside monitor at time of landing.

15. Dockside monitoring before herring roe is mature will be at 20% and at 100% when roe is mature.

16. You must hail in to the dockside monitor one hour prior to landing. (VHF channel 70, (902) 749-5107, 1-888-477-4245).

17. The Management Committee will decide on participation in surveys and compensation for survey time.

18. Landings over the catch limits set by the Committee will be paid to the committee.

Appendix M

Bras d'Or Lakes Management Plan

4Vn Herring Working Group Committee

One Year Management Plan for the Bras d'Or Lakes

13 March 1998

The One Year Management Plan for the Bras d'Or Lakes will reflect two main points: the reduction of effort in the Lakes and change in the distribution of effort in the Lakes.

The Management Plan for the Bras d'Or Lakes will include the following:

Bait Fishers Summary:

- Net Limit - 3

- Mesh Size 2 1/2" minimum.

- Individual Quota 5000 lbs.

- Log book submitted weekly, slips to be filled out before off loading.

- Five days a week fishery with Saturday and Sunday closed. - Logs to be filled in daily, mailed weekly, monitoring company to receive logs by Thursday. Monitoring company to have 72 hour turnaround, with data available on Mondays. All logs to be filled in before off loading.

- Bait fishers to identify themselves when picking up Conditions of Licence that they are fishing the Bras d'Or Lakes.

- Close spawning areas by variation order.(Areas to be identified by Committee)

- Six spawn areas to be closed to everyone. Four areas closed (on chart) plus Herring Cove and one other to be identified Eskasoni Fish and Wildlife. DFO to supply coordinates. Science work to be done in these six areas with cooperation of fishers

Commercial Fishers Summary:

- Mesh Size 2 1/2" minimum.

- 50% reduction in gear.

- Seven days a week fishery.

- Fishers to identify themselves when picking up Conditions of License that they are fishing the Bras d'Or Lakes.

- Close spawning areas by variation order.(Areas to be identified by committee)

- Six spawn areas to be closed to everyone. Four areas closed (on chart) plus Herring Cove and one other to be identified Eskasoni Fish and Wildlife. DFO to supply coordinates. Science work to be done in these six areas with cooperation of fishers.

- Logs to be filled in daily, mailed weekly, monitoring company to receive logs by Thursday. Monitoring company to have 72 hour turnaround, with data available on Mondays. All logs to be filled in before off loading.

Representatives to go back to Committees, explain that history will not be a part of the decision process this year, do not want increase in effort on the Lakes this year.

Recommendation to DFO that history not be part of decision process next year.

Concern expressed for identifying bait and commercial nets because of difference between 5 and 7 day fishery. Bait fishers to tag nets.

Committee recommends, that since dockside monitoring is not possible on the Lakes, daily logs be kept, mailed weekly.

Appendix N

MAR 30, 1993

DISTRIBUTION

Re: Atlantic Direct Sales Program - Consultative and

Approval Procedures

Attached is the approved version of the new "Consultative and Approval Procedures" for the Direct Sales Program. I would like to thank those of you that participated in their development.

These Procedures are intended to be flexible and can be subject to change in the future if circumstances warrant (through consultation).

During the process of developing these Procedures, a number of suggestions were made on additional types of detailed information that proponents of any particular proposal should be providing so that other industry and provincial representatives can present more informed positions on a proposal. I will outline some of these below, along with the rationale, and ask that you provide me with any comments that you may have.

Further suggested information to be provided- by proponents

1. Information respecting the foreign agency or company involved in providing the vessel;

2. Company or agency that would take delivery of the product (as opposed to the Canadian-based "middleman").

3. More explicit details of market destination, i.e. not just simply "Russia";

4. Foreign port of landing, broker, specific target markets, etc.

The rationale for the above is as follows:

Such information would allow verification that the fish being sold is actually landed and consumed as specified and is not competing with existing or possible Canadian markets. With such detailed information it may be possible to verify through international industry contacts if the applicants, commitments have been complied with. By the same token, such information could provide Canadian processors with valuable market information for possible sales of value added products.

I would appreciate any comments that you may have on these suggestions. I should also point out that I intend to copy all submissions to everyone who provides comments so that all interested parties can be made aware of all views. In the meantime, the attached Consultative and Approval Procedures document is now in effect.

Original signed by

Barry Rashotte

Director

Resource Allocation Branch

Fisheries Operations

Attachment

Appendix O

30 March 1993

ATLANTIC DIRECT SALES PROGRAM

CONSULTATIVE AND APPROVAL PROCEDURES

Since the inception of the Direct Sales Program in the 1970's there have been numerous changes in the process for approving each individual proposal. The following procedures have been adopted following consultation with industry and provincial representatives and replace the internal Departmental procedures that have been in place since early 1990.

1. Except under extenuating circumstances, proponents of any particular program must submit a proposal six weeks in advance of the anticipated starting date. Participants that submit proposals any further in advance of a particular program must also re-confirm their intentions to proceed six weeks ahead of the starting date.

2. Each proposal must be submitted either to the Regional Director General for the Region where the fishery will take place or where the Canadian fleet participating in the program is based.

3. Proponents must include al-1 of the following Required Information in their proposal:

a) Name of Parties involved;

b) Species, fishing area and anticipated tonnage involved;

c) Price being paid to the fishermen;

d) Participating Canadian fleet, including their home ports;

e) Period of operations;

f) Flag of the foreign vessel;

g) Market destination of the fish;

h) Under which part of the Direct Sales Policy is the application being made;

i) Any other pertinent information.

4. Officials in the Region involved will ensure that all the information in 03 above is sent out as quickly as possible to the other three Regions. Each Region will then ensure that industry and provincial governments in their Region are advised of the necessary details of the proposal (excluding item c above) allowing at least two weeks for any responses to the proposal.

5. Any individual, association or government that has an objection to any particular proposal must make a written submission within the timeframe, clearly stating the reasons for their objections. This submission must be sent directly to the Region that initiated the consultation process. Regional officials will ensure that the other Regions, the proponents and other industry groups/provinces receive copies of any objections.

6. If any opposition to a particular program in one Region is encountered from a source outside that Region, the Regions involved should consult amongst themselves as expeditiously as possible so as not to delay the eventual approval or disapproval of any particular program.

7. When the final recommendation is sent to the Assistant Deputy Minister, Fisheries operations for his decision it must be noted in the memorandum that the other Regions were consulted and the results of the consultation. The Memorandum must also contain the same information as found in Point #3 above.

8. All proposals for specific programs, as well as individual contracts, should continue to be presented by participants to the Department at the Regional level.

Appendix P

DFO Contact List